Top prosecutor Khamisi Tokunbo will have to fight if he wants to keep his position as Director of Public Prosecutions (DPP) after the Governor decided not to automatically renew his contract.

The $115,000-a-year job is to be advertised in the local Press in coming weeks as Governor Sir John Vereker wants to ensure that the best possible candidate is chosen for the high profile role.

Deputy Governor Tim Gurney said yesterday that Mr. Tokunbo's three-year contract ends at the start of March.

And he said, although it could be renewed for another three years with mutual agreement, the Governor wished to appraise Mr. Tokunbo by pitting him against his peers.

"The Director of Public Prosecutions' contract expires in early March," said Mr. Gurney.

"The Governor's view is that people in these senior types of posts - given that it's very hard to have a formal appraisal system - should be tested against a potential peer group to see whether they remain the best person qualified for the job."

Mr. Gurney said the job had not been advertised as yet, but it was hoped that Mr. Tokunbo would apply for the position again.

However, he said it was expected that a number of other lawyers on the Island, and possibly from overseas, would apply.

he said it was too early to say when the appointment would be made.

"We hope to advertise later this month, and then we have to allow some time for applications to come through and be sifted. Interviews will then have to be set up and applications reviewed.

"There is a lot to do."

The Royal Gazette understands the Governor has consulted widely over the position of DPP and on whether or not Mr. Tokunbo's contract should have been automatically renewed or not.

Mr. Gurney would not be drawn on any of the views expressed by the community.

Last night, members of the legal fraternity were beginning to make suggestions as to who would apply for the post of DPP, and who would get the job.

Names being bandied about were Robin McMillan and Douglas Schofield, who are both currently working in Cayman, Mr. Tokunbo, Philip Perinchief, Saul Froomkin, Victoria Pearman, Brian Calhoun, Patrick Doherty, Richard Hector and Mark Pettingill.

However, Mr. Froomkin, who was previously Solicitor General and then Attorney General, said he had no desire to apply for the position.

He said: "I'm very happy in private practice, thank you. I have paid my dues.

"I don't know who would apply. You would be looking for a senior council, someone who has extensive criminal expertise, and hopefully a Bermudian.

"I don't know how many of those are in Bermuda because there are not a lot of senior councils that do criminal work, and those that do are probably making more money."

Defence lawyer Mark Pettingill said he did not think he would be applying, although said he would consider it if officially asked.

But he said he believed Mr. Tokunbo would be the front runner for the job, having already held it for three years.

"I would find that to be a very satisfying and challenging job to take on," said Mr. Pettingill.

"I have a practice that I have commitments to and I have been encouraged to throw my hat in other arenas - such as Parliament - and I don't think you can do both.

"I think Mr. Tokunbo would probably be the one for the job, but if he (the Governor) did not want to go with that, there are other people who I think could do a valid job.

"The applicants should be people who have a very strong criminal background and who are able to liaise between the various factions.

"It's a thankless job. I would consider it, if asked."