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Constitutional challenge is no game, says Cabral

Lawyer Warren Cabral is not concerned with any "knock-on'' effect from his plans to seek a judicial review of the British government's handling of Constitutional reform for Bermuda.

Mr. Cabral is spearheading efforts to force the British government not to go ahead with the proposed reforms without a Constitutional conference.

Last week, it was announced that a new group -- the Association for Due Process and the Constitution -- had been formed to launch legal action.

Mr. Cabral, who serves as secretary of the association, told The Royal Gazette that London lawyers had been involved since last year.

He said "leading'' lawyers in London had already given a 24-page "definitive'' opinion laying out the strength of the case.

He would not name the lawyers but revealed that the costs might exceed $100,000.

The overriding concern of the group is the process by which the British government has decided to proceed with Constitutional reform.

Since the formation of the Association was announced late last week, "hundreds'' of residents have expressed keen interest, said Mr. Cabral.

Two weeks ago a team of officials from the Foreign and Commonwealth Office (FCO) led a series of talks on the proposed changes at Government House.

They made it clear upon departure, said Mr. Cabral, that a Constitutional conference was not on the cards.

But the Association said there is established precedent for having a conference and depriving the people of one amounts to a breach of promise.

This week Deputy Governor Tim Gurney emphasised that what he said was the last word from the FCO team -- "nothing has been ruled out and nothing has been ruled in''.

The Royal Gazette understands that a judicial review may take at least a year to complete.

Mr. Cabral would not be drawn on whether he felt the action would derail Government's ambitions to hold the next elections -- due November 2003 -- under new electoral rules.

"I myself have no idea,'' he said. He added, however, that the Association had been assured they had a good case and he said they had the resources to go "all the way to the House of Lords'' if necessary.

"The average Bermudian is being cheated of his right to have a Constitutional conference,'' said Mr. Cabral. He said the issue was one of fundamental human rights and the group was not being political.

"We have no regard for the knock-on effect. We are concerned with the pure principle of fair play. We are not playing games.'' Lawyer Ian Kawaley told The Royal Gazette that he did not believe the action had a strong chance of success.

"The Constitution has been amended before without a Constitutional conference,'' said Mr. Kawaley. "It certainly would be unusual in my view for the courts to interfere with the powers of the Crown to amend the Constitution of a colony.'' Asked whether the legal proceedings could derail Government's plans to conduct the next elections under a new electoral system with single seat constituencies, he said: "It could do.'' Legal manoeuvrings might include applying for a court order preventing the British from proceeding until after the matter has been heard, he explained.

Mr. Kawaley said the amendments could be declared invalid by the British courts at a later date "so it's hard to imagine anything dramatic happening in any event''.

Said Mr. Cabral : "All I know is that justice demands that the Foreign Secretary be made to explain himself.'' Ian Kawaley Warren Cabral