Log In

Reset Password

Shadow attorney general questions why Govt's top lawyers are not handling leak case

Questions have been asked about why neither of the Government’s top lawyers is acting in attempts to gag the media — with a private lawyer instead hired at additional cost to the public purse.

Attorney General Philip Perinchief has joined with Police Commissioner George Jackson in the move to ban further reporting of a leaked Police dossier on the Bermuda Housing Corporation probe.

However, neither he nor acting Solicitor General Melvin Douglas acted in the case heard before Chief Justice Richard Ground this week, with Delroy Duncan of law firm Trott and Duncan handling it instead.

Sen. Perinchief, who was present in the public gallery during yesterday morning’s hearing, told The Royal Gazette he did not present the case because “I’m tasked with other duties at the moment. It’s just sheer pressure of work”. He said Mr. Douglas was also “tasked with other matters that are pressing”.

However, he said he was in constant contact with Mr. Duncan over the handling of the case and public money was “certainly” being well spent.

“We farm work out all the time to private lawyers. It’s not an anomaly,” he added.

Sen. Perinchief could not comment on how much Mr. Duncan is being paid as the case - upon which Chief Justice Richard Ground is due to rule on Monday - is not yet finished and the lawyer is on a retainer.

However, Shadow Minister of Justice John Barritt said: “I find it astonishing that the Attorney General is not participating, given what he had to say about the importance of his action at a press conference”.

During that press conference on June 7, Sen. Perinchief pledged to “employ all legal means” to halt further publication of revelations from the dossier. The move to gain a gagging order has been opposed by all the Island’s media organisations on the grounds of freedom of speech.

Mr. Barritt added: “I use the word astonishing because I would have thought on behalf of the Bermuda Government, as someone who sits around the Cabinet table, he would have wanted in his submission to the courts to also let the public know why a matter of such public importance requires that the press be gagged. I would have thought the Attorney General in this country would have stood up in court to put the case — with assistance if necessary — and if not the AG, then the acting Solicitor General.”

Mr. Barritt said the Government should let the public know what hiring Mr. Douglas has cost them, and that if the information is not forthcoming he will ask for it via a Parliamentary Question.

According to industry sources, fees for a junior lawyer start at around $185 per hour with an experienced lawyer like Mr. Duncan likely to command upwards of $500 per hour.

According to public records, the annual salary of the Solicitor General is $155,000 with the Attorney General earning $145,796 plus his Senate salary of $27,102. Mr. Douglas declined to comment.