Premier Ewart Brown sparked a potential constitutional crisis last night with a dramatic threat that Government could cease to work with the Governor.

In a sensational TV broadcast, Dr. Brown accused Sir John Vereker of failing to protect a top-secret Police dossier on allegations of corruption at the Bermuda Housing Corporation, which was leaked to the Mid-Ocean News.

Dr. Brown claimed he asked the Governor to protect the BHC investigation files prior to the publication of articles in yesterday's edition of that newspaper that he branded as "defamatory".

Urging Sir John to act now to bring the culprits to account, Dr. Brown said: "I take this opportunity to again call upon the Governor to discharge the responsibility of his office, by taking swift and meaningful action against the perpetrators of this nefarious scheme. He must see this as his obligation. Should he fail to do this, the constitutionally elected Government of Bermuda will lose confidence in the current Governor. In that event we will have no choice but to suspend further business with him."

His warning was condemned as "nonsense" by a prominent lawyer last night, who said such a move would be "irresponsible and dangerous" for Bermuda.

Timothy Marshall told The Royal Gazette: "It would be unprecedented, there's no question about that. It would be completely contrary to the expectations of the Bermudian public that a relationship with England is a matter for them. That is just unbecoming, and it's dangerous for any democracy to let people threaten an institution of Government. "The Governor is representative of one of the cornerstones of our democracy. Bermuda must be very vigilant to ensure politicians respect Bermuda's institutions, otherwise we are all at risk."

Asked what the reaction from Britain and Government House might be if Dr. Brown acted on his threat, Mr. Marshall, who is familiar with constitutional affairs through his partnership in law firm Marshall Diel and Myers, replied: "England is not going to sit by and let individuals who are not acting within the constitution dismantle the very fabric of our society in this particular way.

"I just do not see the Governor sitting by and allowing such an event to take place. Moreover, I don't see the Bermudian people sitting by and letting personal events be the driving force for a unilateral move towards Independence."

Since Bermuda remains a British territory despite the stated aim of Dr. Brown's administration to achieve Independence, the Governor is appointed by the monarch on the advice of the British Government as de facto head of state.

He is responsible for appointing the Premier and members of the Senate, and must ultimately sign all legislation passed by Parliament in order for it to become law. He is also the Commander-in-Chief of the Bermuda Regiment, and makes key appointments such as the Chief Justice.

Dr. Brown indicated in his speech that the Attorney General has written to the Deputy Governor requesting an immediate investigation into the circumstances of the leak, and he has also sought legal advice on his own options over the Mid-Ocean article.

Mr. Marshall said that in his view, it was right that Dr. Brown should use legal means for dealing with his grievance rather than taking direct action against the Governor.

A second lawyer with a knowledge of constitutional law - who declined to be named - said: "I've not worked out in my own mind what could happen. We are still a colony. The Governor is the man in charge. I'm finding it difficult to understand what Dr. Brown said. The Governor signs every Bill. It's just posturing really."

Adding to the voices speaking out over the threat to cut contact with Government House, Opposition Leader Michael Dunkley said: "It is unfortunate that the Premier finds it necessary to use such threatening and undignified language in relation to his request of the Governor for a probe into the leak."

He added: "To threaten a constitutional crisis over a homegrown scandal... suggests that Premier Brown is prepared to go to any length to divert public attention from what really matters now, which is the good name of Bermuda."

Politicians have in the past called for Sir John to be recalled - notably Government Senator David Burch last year during a row over the selection of the current Commander of the Regiment - but the Premier's threat of direct action is believed to be a first.

Sir John, who has served as Governor since 2002, is stepping down in October to be replaced by Sir Richard Gozney, the British High Commissioner in Nigeria. He declined to comment on Dr. Brown's speech, instead referring this newspaper to a statement on the leak issued yesterday by Deputy Police Commissioner Roseanda Young.

‘...We will have no choice but to suspend further business with him’