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Top prosecutor accuses Moniz of playing politics

Director of Public Prosecutions Khamisi Tokunbo has fired back at critic Trevor Moniz.

Under-fire Director of Public Prosecutions Khamisi Tokunbo has accused Bar Association President Trevor Moniz of launching politically motivated attacks against him and his staff.

He quoted Mr. Moniz as saying that everybody knew "we have a weak Department of Prosecution. The Police aren't getting the support they need from the DPP's office..." during a TV interview.

Mr. Tokunbo denied "everyone knew this" and said it was a perception Mr. Moniz was trying to create.

Recently Governor Sir John Vereker had talks with Mr. Tokunbo to find out to why no one was convicted of the 2001 murder of Tekle Zion Mallory in the recent trial.

And Government MP Wayne Perinchief also publicly said a shake-up was needed following the failure of high profile cases and that there had been "an erosion of experience posts in the DPP's office".

Mr. Tokunbo is suing the Government over the decision to advertise his job after his three-year contract ends in March.

In a letter to Mr. Moniz, released yesterday, Mr. Tokunbo said: "It is wrong and untrue that the Police are not getting the support they need from this office.

"It is also wrong and untrue that because of a lack of confidence in us, the Police only bring ironclad cases.

"The Commissioner of Police has confirmed that this is not his view nor the official view of the Police."

Mr. Tokunbo said Mr. Moniz had not approached the DPP about the matter before going public because Mr. Moniz, as an MP for the United Bermuda Party, was more interested in gaining political capital.

And he challenged Mr. Moniz over his accusation that Government was "copping out" by failing to prosecute Bermuda Industrial Union (BIU) leader Derrick Burgess for criminal defamation for falsely accusing Auditor General Larry Dennis of being a racist.

Mr. Burgess had suggested that Mr. Dennis' thorough investigation of the Berkeley construction project was motivated by the fact that black owned companies were involved.

The BIU president, which has business links with the project, publicly suggested that Mr. Dennis "shares the all too common belief that people of African descent are illiterate and chained in darkness."

Mr. Tokunbo said: "I should also point out for the benefit of the public how sad it is the president of the Bar should publicly include me in an accusation of a "complete cop out" and of "passing the buck" for not prosecuting someone on the basis of reports in a daily newspaper.

"That is not how criminal prosecutions are commenced," said Mr. Tokunbo. "One would expect the president of the Bar to know that prosecutors and decisions to prosecute are based on longstanding procedures and legal principles that serve as a guide."

His letter to Mr. Moniz went on: "The public might also be surprised to know that during your call to me I made this known to you (and told you that if a file was received it would be considered) yet you still saw fit to go public and generate misinformation."

The DPP said Crown counsel generally felt Mr. Moniz's views were a personal attack on each of them.

"It is not only irresponsible but also unfair to them and the criminal justice system," said Mr. Tokunbo. "You would be well advised to stop playing politics with this office and the criminal justice system."

Mr. Moniz is currently off the island and could not be reached for comment.