I was appalled and distressed to hear Ms Patricia Gordon Pamplin on the news and later to read in The Royal Gazette on February 11 her call for Government to rethink the "homosexual bill''. This would indeed be a regressive step for Bermuda and would make us a laughing stock for the United States, the United Kingdom and Europe where these countries decriminalised homosexual acts between homosexual adults in private many years before Bermuda did.

Dr. John Stubbs worked for many months in preparation before bringing to the House of Assembly his Private Member's bill. In his introduction to the bill he proved that being homosexual is not a choice but a pre-existing biological condition. And to discriminate against those men and women is against our code of human rights. Indeed, we were not, prior to the passage of the bill, making it an offence for women to practise homosexual acts and this in itself was discriminatory. Dr. Stubbs sought to rectify this archaic situation and each Member of Parliament on May 13, 1994 voted his or her conscience. The bill was passed after about eight hours of debate and there was much rejoicing by the many many people of Bermuda. Dr. Stubbs remarked later that in his 26 years in Parliament he had not witnessed cheering and applause from the gallery as there was on that night. I have had numerous people say to me that this was possibly the finest legacy he left to his Country.

I would like to thank Sen. Calvin Smith and Mrs. Lois Browne Evans for their public stance on this issue in The Royal Gazette of February 12.

ROBIN STUBBS Pembroke Chief Justice had a duty February 11, 1999 Dear Sir, We were surprised at the recent attack made by Shadow Minister Kim Young on comments reportedly made to the jury in a rape trial by the Learned Chief Justice L.A. Ward QC.

While Mrs. Young's political advocacy of women to say "no'' is entirely justified, the attack on the particularly summing-up appears to have no legal justification.

An accused rapist has the constitutional right to a fair trial under section 6 of the Constitution, a right which includes the entitlement of the accused to advance by way of defence the contention that although the complainant may not have explicitly consented, he genuinely understood on reasonable grounds that her "no'' meant "yes''.

As this was apparently the defence advanced by the accused in this case, the Chief Justice was duty bound to explain to the jury the accused's defence, leaving it to the jury to determine the reasonableness of the defence on the basis of the evidence adduced at trial and the respective arguments of prosecuting and defence counsel. The Chief Justice would have been open to legal criticism if he had not directed the jury to consider whether or not they accepted the complainant's testimony that she genuinely did not consent to the act in question.

Until section 6 of the Constitution is amended, persons accused of rape have the legal right to advance politically incorrect defences. And trial judges are duty bound to fairly put those defences to the jury.

It may well be the case that consideration should be given to judicial training courses with a view to enhancing the protection afforded to female victims by the Courts. If so, this can best be achieved by diplomatic approaches to the judiciary rather than through public attacks.

IAN KAWALEY Honorary Secretary, Bermuda Bar Association Colour blind justice? February 10, 1999 Dear Sir, With regards to the recent so-called sensational trial of Mr. Randy Lightbourne concerning the Bank of Butterfield robbery in Somerset, which began January 25, to February 4, 1999.

I wish to clarify exaggerated comments made by news reporters and Police officers alike which sought only to intensify and create a plausible reason to the community as to why there was given a man a double life sentence for armed robbery for which Mr. Lightbourn claimed he was innocent.

Armed robbery legally should be a maximum of 14 years as Mr. Doherty the prosecution for the Crown stated, yet he could not comment as to why the judge added additional sentencing.

During the trial not one of the victims of the robbery could identify Mr.

Lightbourn as the robber. In fact, they stated they could not discern whether or not the robber was black or white only that the person was over six feet with a strong Bermudian accent. Mr. Lighbourn is neither six feet nor has a strong Bermudian accent.

I believe that since the news must be reported, why can't the true facts concerning the case be spoken only? Why bring added past and even exaggerated events, which are not even necessary.

My greatest desire is to see true justice and vindication to all people, not a biased law that tears your name and life apart because of who you are. Think about it. If Mr. Lighbourn was a white man would they have brought up his past, exaggerated facts, and even given him a 22 year life sentence? TIRED OF THE MOCKERY Somerset Assist the Police February 11, 1999 Dear Sir, Whenever there is a problem with our young men and women, some concerned citizen always calls the Police for fear of someone getting seriously hurt or killed, and when the Police arrive at the scene and begin their inquiries, there is always one or more of the parties that refuse to assist the Police and some even obstruct the Police from carrying out their duty. With the New Government now in place, I can only imagine that passivity has gone out of the window. Just like a lot of other things that needed to be cleaned up around here.

Focusing on the recent fracas on Court Street North which was handled more aggressively than warranted; there will always be onlookers that interject their opinion when the Police arrive and most of them don't even know the law, but they need to be educated to what powers the Police really have, somehow their thinking is that they should be able to do whatever they want in public places and the Police have no right to interfere, "`for instance,'' not giving a proper answer to Police, acting violent, etc.

Lets hope that the Minister of Labour, Home Affairs and Public Safety gets across to the public what authority the Police really have when they are approached. In my estimation the Police should adept a no-nonsense attitude, basically when given a hard time from someone who has been approached while under suspicion of an altercation, I am not saying that the Police should be brutal or rough unnecessarily, but they need to use some diplomacy in their approach to any individual under suspicion, and let's get that friendly attitude back into the Police Service, it goes a long way where young adults are concerned.

EDWIN C. ARMSTRONG Smith's Parish Recalling `Brodie' Smith February 2, 1999 Dear Sir, I know we all have to pass from this scene but reading about the passing of the great Mr. Norwood (Brodie) Smith caused me to reflect on time spent while here. I was fortunate to be acquainted with him for some years. A visit with him was fulfilling whether at the Bermuda Commercial Bank where he once worked, or at his residence next to Somers Gardens in St. George's.

This is from a non-journalist's perspective. Mr. Smith was active in cricket following in his father's footsteps, the senior having been captain of the St.

George Cricket Team at the first Cup Match in 1902. Mr. Norwood Smith once told me that among all the Cup match players, only Mr. Warren Simmons and himself had been captains of their respective teams, Mr. Simmons for Somerset, and eventually president of their clubs. He was a member of the Royal Commonwealth Society and a trustee of the Pride of India Lodge which owns the building where the movie theatre is in St. George's.

I became acquainted with him in 1972 when I became a member of the Board of Governors of the Berkeley Institute. I had been recommended by Mr. Erskine Adderley who had been my employer as a carpenter upon leaving Berkeley. At that time Mr. Smith and Mrs. Gene Raynor were members representing The Berkeley Educational Society while the Hon. Clarence James, the Hon. C.V.

(Jim) Woolridge and I represented the Government. I found Mr. Smith to be very engaging, calm and sensible. Incidently, I was not UBP, nor Mrs. Raynor.

Among our faculty at that time were Dr. Clifford Maxwell, Headmaster; Dr.

Marion Robinson, Deputy Headmaster; the Hon. Jennifer Smith, now our Premier; and Mrs. Michelle Gabisi, the present Headmistress.

ROSS TUZO Warwick Why schoolchildren fail February 4, 1999 Dear Sir, I write regarding the headlines in the Bermuda Sun Newspaper, January 27, 1999 "Government School Students failing to make the grade in Maths and English''. As a concerned parent I can understand why this is occurring.

When I attended primary school and was given homework assignments, the teacher would check my homework book nightly to make sure I understood the work and completed my homework on time, the teacher would make the necessary grammar and punctual corrections in red ink so that I was aware of my mistakes.

My child attends a Government primary school in the western parishes. Every weekend my child has write a story and complains of being tired and bored of writing stories and mentions: "The teacher does not look at my homework anyway.'' I can look through my child's homework book daily and none of the homework is marked.

The teacher does not check the stories for the correct punctuation or spelling errors etc. The students exchange books and mark each others' books. How can a child learn from their mistakes when another child is marking students' books? How does the teacher know the student understands the homework? Children need to be motivated by teachers. They need to be challenged and have challenging work assigned to them, if not they will become bored and frustrated. My child is frustrated and tired of writing stories.

This is why students fail. It is not always the student's fault, sometimes it is the teachers who are not dedicated and are in the school system to receive a salary not to educate our children.

A CONCERNED PARENT City of Hamilton