Attorney General Lois Browne Evans should withdraw or apologise for saying a magistrate should have "shut his mouth'' about a controversial case -- or resign her post.

Shadow Legislative Affairs minister John Barritt made the claim yesterday when contacted about Dame Lois' comments in the House of Assembly on Friday.

Mr. Barritt said: "I think when you make improper comments like this which are neither withdrawn or corrected then it is very much an issue for which a resignation should be issued.

"But that is a matter for the Premier,'' Mr. Barritt -- a lawyer -- added.

"You just can't have the Attorney General of a country telling the bench to shut up their mouths. He (the magistrate) was vindicated in the Rodney Smith matter.'' Speaking during the motion to adjourn, Dame Lois said: "A lot of money was spent to tell you nothing untoward happened. None of the allegations were proven. You even had a Magistrate saying things about something appeared to have happened (in the Rodney Smith case). He should shut his mouth! "How awful. Somebody interfered because the prosecutors wanted an adjournment?'' she added.

In October, Magistrate Archibald Warner said "somewhere along this process somebody tried to interfere'' in the prosecution of Mr. Smith, a one-time PLP candidate, for assaulting a tenant.

Mr. Warner found Mr. Smith guilty after a short trial but bound him over on good behaviour for one year.

A still secret inquiry by a British Queen's Counsel concluded there was no evidence the process was manipulated for political reasons, but said the case was "not handled in the customary way''.

Last night Mr. Barritt said Dame Lois' comments were "extraordinary'' and said the AG is the top lawyer in the country and that it was "disturbing'' to hear her comments.

"And when you couple that with the AG having been made responsible by the Premier for the judiciary, that makes it even more extraordinary,'' he said.

"Judges and magistrates are doing their job and it is simply wrong in any way to be seen to be criticising the bench for doing their job. Whatever else, somebody might think he wasn't vindicated. But there was an investigation which found it was not handled in the "customary way''.

Mr. Barritt added: "Mr. Warner was absolutely right. One has to wonder now if the bench is going to feel constrained in any way.

AG's comments draw UBP's fire "My reading is we could use a little bit more responsibility, not disrespect,'' he said.

Speaking about the report on the controversy, Mr. Barritt said he had always supported its release and said "the people need to know exactly why it wasn't handled properly''.

"The magistrate's role is to be there and make sure things are handled in the customary way and if it is not, then explain it in court. Let's face it, there were other Crown counsels who refused to take it. They must have had their reservations.'' Turning to Government's handling of the pyramid scheme investigation and subsequent legal advice by Dame Lois to the Cabinet, Mr. Barritt questioned whether there were enough safeguards separating prosecutors from the AG's office.

"What is going on and who is in charge?'' he asked. "There was a statement from the public prosecutions office saying the pyramid schemes were fraudulent and there was an investigation.

"... Later we find out the Premier asked the AG for an opinion. Why second guess, or will there be a change in law governing the schemes. There have been no prosecutions and Government has not come out with its position.'' Mr. Barritt added: "Look at it in the context of the oversize cars and window tinting. What kind of conclusions should people draw? They grant a kind of amnesty on tints but the cars are being allowed. Those cars shouldn't even be licensed.'' Dame Lois John Barritt