Shadow Attorney General Trevor Moniz has condemned as incestuous Michael Scott?s appearance as a defence lawyer in cases against his own Government. Mr. Scott resigned from the Senate and with that lost his seat as Legislative Affairs Minister in Cabinet after being selected to stand for Government in tomorrow?s by-election in Somerset. But yesterday he appeared against the Crown in its appeal over the sentencing for the son of former Government Health Minister Nelson Bascome who imported marijuana worth more than $11,000.

Mr. Moniz said: ?Let?s say someone is a Minister of the Government can he act as a defence counsel? You would think not, you are effectively going against yourself. He could be a Minister again on Friday.?

Mr. Scott also represented former Attorney General Dame Lois Browne-Evans when she pleaded guilty to traffic offences last month in Magistrates? Court. Mr. Moniz said: ?It sends out a mixed message. It needs clarification, it?s far from satisfactory. It?s all a bit incestous.?

Last night Cabinet Secretary John Drinkwater was asked if Mr. Scott had broken protocol.

He said: ?Since Mr. Scott is neither a senator nor a cabinet minister he?s free to practice law as he chooses.

?Whether or not it?s appropriate for him to do so in this case is not something I can comment on without speaking to Mr. Scott.?

Yesterday?s Appeal Court Session heard that Victoria Pearman had withdrawn from representing Nelson Coleridge Vernon Bascome, Jr.

He had been sentenced to three years? probation in December after pleading guilty to importation, despite prosecution pleas for a prison sentence.

Mr. Scott appeared for Bascome, 24, of Friswell?s Hill, Pembroke and said he had only been put on the case on Thursday and had only got a copy of the court record that morning.

He said it had been the intention to get an overseas counsel to hear the case but the date had been moved forward.

Bench president Edward Zacca expressed frustration, citing the adjournment of case earlier that morning to the June session. He said ruled Bascome should reappear on Friday morning and the appeal would go ahead whether the overseas counsel was here or not.

Mr. Scott earlier said he would be helping the overseas counsel who he indicated would question the right of the Crown to appeal sentences on the grounds they are manifestly inadequate. At the December sentencing Crown counsel Cindy Clarke had called for a prison sentence, saying: ?Any other sentence would not send a good message to the community.?

But Supreme Court Assistant Justice Archibald Warner had ordered probation and said: ?The King?s son is entitled to justice as much as the peasant.?

Bascome had claimed he needed the drug, which had been strapped to his body as he returned from University in December, 2002, to feed his addiction.

He was supported at that trial and at yesterday?s aborted appeal court hearing by his father who is still a Government MP.

Mr. Scott could not be reached for comment.