THE charges and counter-charges about the Premier's views on the policing of Bermuda continued yesterday with Opposition Parliamentarians Trevor Moniz and John Barritt, both lawyers, denouncing the Government's assertion that a "constitutional anomaly" exists in present Police Service arrangements.

A Department of Communication and Information press release, ascribed to Acting Minister of Labour, Home Affairs & Public Safety Terry Lister, defended the Premier's comments, in an interview last week, which seemed to suggest that Government's ability to fight crime effectively was hampered by its inability to give specific orders to Police Commissioner Jonathan Smith.

But Mr. Lister's attempt to defend the Premier seemed only to further muddy the waters. Mr. Lister stated that "the practical working relationship (between the Government and the Governor), although effective, does not alter the fact that policing operations remain the Constitutional responsibility of the Governor.

"While we are not suggesting that the Governor would insist on operations that are contrary to the wishes of the Government, this constitutional anomaly does exist in our present framework."

Mr. Lister does not elaborate on the type of operations that the Governor might unleash that would not sit well with Government, but lawyers Mr. Moniz and Mr. Barritt are in no doubt about Government's motives and that no constitutional "anomaly" exists in the policing procedures.

"They obviously have a slanted view," suggested Mr. Moniz, the Shadow Attorney General. "What they are saying is that if we were Independent, there would be an anomaly, but we are not Independent, so it's not an anomaly, it's merely a fact. The Governor has the ultimate responsibility for the police, but the Premier doesn't seem to understand that no one gets to direct the Police Commissioner, who is in a position analogous to the Director of Public Prosecutions.

"There's a certain degree of independence involved in the post. For example, if the Premier were to tell the Commissioner not to arrest a person no matter what they had done, the Police Commissioner would obviously not follow such a direction. That's not to say the Premier would ever make such a direction, but the Commissioner has a certain degree of autonomy.

"This whole issue is a red herring raised by the Premier, as if the Commissioner of Police would be at his beck and call were we Independent. I mean, in his wildest dreams!"

Mr. Moniz pointed out that, whether Bermuda became independent as a republic or with the Queen as head of state, a new President would not be entitled to exercise direct authority over the Police Commissioner.

"If Bermuda became Independent, and you were to properly structure it, it is most likely that people like the Chief Justice, the Director of Public Prosecutions and the Police Commissioner would be appointed by an independent authority. There would not be direct political control, which is what the Premier seems to be requesting. You don't get such direct political control in well-governed democracies. You have an independent commission that appoints people."

Mr. Barritt was no more impressed by what he saw as Government's overtly political moves.

"It seems like a bit of fancy footwork, if you ask me," he said. "They are really back-pedalling, and so they should.

"The remarks should certainly be put in context, and the context in which they were made was Premier Scott struggling to find reasons why Bermuda should go Independent. Everything he said should be seen in light of that, and if we accept that premise, everything he goes on to say is a big, big stretch, in my view and in the views of my colleague Maxwell Burgess."

"I thought it right and proper for Maxwell Burgess to assail the Premier for these remarks. It wasn't long after the Progressive Labour Party was elected that they had a complete re-evaluation of the police force, and announced a new police strategy, which they brought to Parliament and said was going to be the answer to our problems."

"Now to say they can't fight crime because of our constitutional set-up is a nonsense! It's a nonsense because what they are saying is that what they have done and the support that they have given the police hasn't been enough. Because they control the purse strings.

"The police have been crying out for more manpower over the years, a better building, and there was a long time when they had to work without a contract. All of those things were in the hands of this Government.

"The Premier could have been a little more specific, I thought, if he is going to convince the public that the reason we are not on top of crime is because the Governor has a constitutional responsibility for the police force.

"Firstly, this was all said to promote the cause of Independence; he's got to convince people that what he is doing is a worthwhile endeavour, so he trots this one out. Secondly, he is looking for a scapegoat, because this Government has a great deal of responsibility for the prevention of crime and they have failed."

"He seems to suggest that people like the Chief Justice and the Police Commissioner will be appointed by him if we go Independent. Well, I hope most people in this country will recoil from that argument.

"Most modern jurisdictions appoint an independent commission which reviews candidates and makes recommendations, which a Premier or President would be expected to follow. You take the politics out of it so far as you can. I don't know what kind of Independent Bermuda he wants to see, if the Premier is going to make these choices and we start to having political appointments to the police and to the judiciary. Heaven help us!"

"Is the Premier suggesting that the reason why the Bermuda Housing Corporation investigation by the police wasn't as thorough as it could have been was because the Governor had ultimate responsibility, and they would have done a much better job if they were directing the Police Commissioner? Let the people in the country ask themselves that question."

"Mr. Burgess and Mr. Michael Dunkley drew reasonable inferences from what the Premier was saying, and the Premier said that Government wasn't able to properly tackle crime because the Governor has constitutional responsibility. I think that's nonsense, and I think the people of this country know it."