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Association accuses senator of libel over comments on Constitution

Comments by Government Sen. David Burch about opposition to the British Government's handling of constitutional reform have been branded as untrue and defamatory by Warren Cabral, secretary for The Association for Due Process and The Constitution (The Association).

And the Bermuda Government could be The Association's next target for legal action. The Association lost a bid last month for a judicial review into the British Government's handling of the proposed changes. Mr. Cabral said that the results of the court action could well have been different if the proposals had emanated from the British Government directly, and not from the Bermuda Government. And he revealed that The Association was now looking into possible legal action against the Bermuda Government.

Sen. Burch spoke out against the supporters of a constitutional conference in a motion to adjourn at Wednesday's Senate sitting.

He said that The Association and the Opposition party opposed voter parity for Bermuda despite saying they were concerned only about the process.

He added that claims by The Association that the British had promised that there would be no major constitutional changes without a conference were inaccurate.

But Mr. Cabral, in a letter to the Editor, said the senator's comments needed to be corrected. He described as "false" Sen. Burch's claim that previous United Bermuda Party Governments had always had their way with constitutional amendments.

The UBP Government failed to introduce a single transferable vote and to retain the British Residents vote at the 1979 conference, Mr. Cabral pointed out in his letter.

He also took issue with another of Sen. Burch's assertions - that the British were behaving consistently by implementing the wishes of a democratically elected Government. That, said Mr. Cabral, was "plainly wrong" because the British always had a conference before major changes.

And Senator Burch's claim that The Association is against electoral reform is "untrue and defamatory" continued Mr. Cabral's letter.

"We have frequently stated in writing either that we do not seek to impede electoral reform, or that we support electoral reform. Our sole objection is to the manner in which the Constitution is being amended contrary to past practice.

"This was stated in a sworn affidavit submitted to the Court in London. If Sen. Burch is suggesting we told an untruth in the affidavit, he is suggesting we perjured ourselves. This would be a false suggestion of a crime, which is libellous.