A breakaway group from the lawyers' "trade union'' last night threatened court action over the appointment of Solicitor General William Pearce as acting Director of Public Prosecutions.

And they are to present a petition to UK Foreign Secretary Robin Cook and Governor Thorold Masefield in protest at the temporary appointment.

Barrister Corin Smith, spokesman for the group, said: "Given the degree of ethical, constitutional and professional issues associated with this appointment, there is a high probability that the functions of the Acting DPP will be the subject of judicial or Constitutional review.'' A statement added that a conflict of interest could arise from the dual role of Solicitor General -- civil law adviser to Government -- and Acting DPP, responsible for criminal proceedings.

The appointment of Mr. Pearce as Acting Director of Public Prosecutions will be announced today -- just as the Island's first political Attorney General, PLP veteran Lois Browne Evans, is sworn in at Government House.

But Deputy Governor Tim Gurney last night insisted the appointment was Constitutional -- and that there was no conflict of interest.

Mr. Smith represents Resolution 1514 -- which claims the support of ten percent of the Island's Bar Association, around 27 briefs, and is named after the UN resolution on decolonisation.

A statement from the group said: "It is reported that the decision to appoint the Solicitor General as Acting DPP has been made contrary to the recommendations of the Bermuda Government.

"Such a proposition is wholly inconsistent with the principle of responsible Government that is at the root of the Bermuda Constitution.

"The criminal justice system cannot afford even the appearance that criminal proceedings may be instituted by the same officer that advises the Bermuda Government on policy matters on grounds that it may prejudice the rights of the accused to an impartial hearing.'' The group also said that Mr. Pearce has limited criminal experience in Bermuda.

They added that a non-Bermudian getting the post would "diminish'' the "positive impact'' of PLP battler Mrs. Browne Evans being appointed Attorney General.

But Mr. Gurney insisted: "This is an interim appointment -- what we need to do is finalise the job specifications for the DPP and we've almost done that.

"The Government were very keen to move ahead with a full-time political AG and the Governor respected the Premier's wishes on that.'' But he pointed out that the new appointment "automatically triggered'' the need for a DPP.

Mr. Gurney said: "To meet the Premier's wishes, the Governor felt the best way of doing this was to create an interim or acting DPP.'' He added: "We don't believe there is a conflict of interest -- as this group points out, the AG is responsible for giving political advice to the Government, not the DPP.'' Mr. Gurney said the Governor was "satisfied as to the constitutionality'' of Mr. Pearce's interim appointment.

He said: "If people start arguing things are unconstitutional, that's hypothetical.'' And he insisted: "We believe the candidate we are looking at to fill this role is a lawyer of integrity who, if he felt there was a conflict of interest, would say so.'' And Mr. Gurney added: "To the point he is not experienced, he is prosecuting criminal trials and there is no expectation that the DPP would have to prosecute every case.'' Mr. Gurney said no decision had been made on the full-time holder -- or their nationality.

He added: "We will look at every candidate on their merits.'' And he said that the final decision does not rest with the Governor, but with UK Foreign Secretary Robin Cook.

Mr. Cook will be presented with a slate of candidates and a recommendation on one -- but he can opt to choose someone else if he is not satisfied with the field.