I WRITE with reference to last week's front page story headlined AG allowed wife of Premier to by-pass charity regulations" which contained several blatant untruths, inaccurate facts and misleading comments about my role as the former Attorney General in providing advice to the Government on the 'Tourism Helps Everyone' organisation. In particular, the words used were 'Former Attorney-General Larry Mussenden has been charged with abusing his authority—.'. For the record, please note I haven't been 'charged' with anything by anyone.

On a preliminary matter, the Mid-Ocean News reported that I 'could not be contacted by presstime last night' that is, prior to the running of the story.

Again for the record, in relation to this story, I have never received a phone call from the Mid-Ocean or Mr Finighan at my home, on my cell phone, at the BFA office or at the Bermuda College, places where all reporters of note know where to find me. Mr Finighan must be a reporter who is completely devoid of any worthwhile resources in Bermuda.

Further, after the story was printed, I called for Mr Finighan and left a message for him on his voicemail and I spoke to his editor Mr Hodgson. Only today as I write this statement has Mr Finighan left messages for me to discuss this story.

On the issues in the story, I wish to inform members of the public about a few things.

The Attorney General's Chambers is responsible for providing advice to Government Ministries and Departments. Sometimes this provision of advice extends to Boards and Committees, however it does not extend to quangoes. Requests for advice are made in writing and opinions are delivered in writing.

When a request for advice is submitted to Chambers, it is assigned to one or more Crown Counsel who research the law and facts and render an opinion. Depending on the matter, the opinion may or may not be discussed with other Counsel, Senior Counsel or the Attorney-General himself. The opinion once settled is then sent to the requesting Ministry or Department. All opinions are issued under the name of the Attorney General, regardless of which Counsel wrote it.

It has been the case for centuries in the UK, this country and many others that lawyers, particularly the Attorney General, do not discuss legal advice given to clients, such as a Government Ministry. Although I am no longer the Attorney General I will uphold that tradition, at this time, save to clarify a few matters.

1. A request in writing for advice was received from the Ministry of Health and Family Services in respect of the Tourism Helps Everyone Foundation organisation being permitted to be registered as a charity under the Act.

2.A small team of Counsel conducted the legal research and drafted a legal opinion in writing. That legal opinion was discussed with me. At no time did I ever attempt to influence the legal opinion of the Crown Counsel who worked on the matter for any political purpose.

3. The written legal opinion was sent to the Ministry of Health and Family Services. I have no idea if it was distributed to others. I anticipate and hope that it was forwarded to and/or discussed with the Charities Commission.

4. The legal opinion only dealt with the question whether the Foundation could be registered as a charity under the Act. It did not deal with any other question or issue as alleged in the Mid-Ocean News story.

5> The Mid-Ocean News <$>is blatantly wrong to state that the written legal advice went further than the specific question asked in the request to what has been alleged in the story. There is no "Source at the Charity Commissi$>" or anyone else who can say that the advice did otherwise. Any such person would not be telling the truth.

6. I doubt that the Mid-Ocean News can produce any member of the Ministry or a "source at the Charity Commission" to say that the written legal advice is as alleged. I would have thought that a responsible news organisation would rely on two sources at least so that a story can be verified.

7. I refute the allegation by an unnamed source that the legal advice was 'inappropriate, an abuse of power and lacked any understanding of the non-profit sector".

8. As far as I can recall, there was never any verbal discussions by Counsel or me with the Ministry or the Charity Commission on the contents of the written legal advice.

9. The comments of Mr. Michael Dunkley MP are unfortunate and remind me of a simplistic view of a simplistic mind of the processes involved. I trust that Mr. Dunkley certainly knows that I would never be influenced by anyone in providing a legal opinion because "I didn't want to offend the people invol". His comments are disappointing to me as I expected better from him.

10. If the Mid-Ocean News is in possession of the written legal opinion, then I challenge them to print it in full so that the public can see what the legal opinion has stated. They would be truly informed at that point and the issue would be clarified once and for all.

11.At no time while I was the Attorney General do I recall any Minister, MP or member of the public ever attempting to influence any Crown Counsel or me for political purposes in settling a legal opinion. People who know me, know very well that I would never entertain such conduct.

12. I support all the legal work of the Crown Counsel of the Attorney Chambers who provide excellent work in all that they do. They uphold all the standards of the profession, the Bar and the principles of the legal advisors of the Government. It was my honour to work for them and with them for nearly three years.

In closing, the allegations in Mid-Ocean News are blatantly untrue and I request an apology to be printed in the Mid-Ocean News on the front page. In the absence of an apology I will consider all my legal options againshe Mid-Ocean News <$>for printing this story and I will instruct Senior Counsel to commence legal proceedings against the reporter personally and the Mid-Oceanws <$>organisation.

Mussenden:<\p>Mid-Ocean News is 'blatantly wrong'