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Gibbons to meet with Governor over concerns of political interference

Opposition Leader Grant Gibbons is to meet the Governor to raise allegations that Attorney General Dame Lois Browne Evans is trying to interfere politically in criminal prosecutions.

The Attorney General, a political appointee, has responsibility for civil matters, but Dr. Gibbons said the Opposition had received information that Dame Lois was trying to get the office of the Director of Public Prosecutions (DPP) to stop or hold off on criminal cases against companies which allegedly owe taxes.

It follows revelations in The Royal Gazette on Monday that Tax Commissioner Heather Matthews wrote to Dame Lois urging her to sue three companies civilly at the same time as the DPP's office was taking out criminal cases to ensure Government recovers more than $1 million allegedly owed.

According to Ms Matthews' memo, Dame Lois did not want to sue the companies - Darrell Contracting Services, Triple Crown Racing Limited, and Cedarberry Limited - until the criminal cases were completed.

In Monday's Royal Gazette, Dame Lois said she did not think alleged tax dodgers should be pursued criminally, but should be sued in the civil courts.

Shadow Legislative Affairs Minister John Barritt said he received information that for "political reasons" in an election year, Dame Lois did not want the DPP's office to prosecute the companies criminally.

And he said it was clear from Ms Matthews' memo, that the AG's Chambers was "dragging its feet" over suing companies for unpaid taxes.

DPP Khamisi Tokunbo was on holiday yesterday, but acting DPP Vinette Graham-Allen said she was not aware of attempts to influence the office. Dame Lois did not return a call for comment.

Dr. Gibbons told The Royal Gazette: "I will be raising my concerns with the Governor Sir John Vereker about this matter.

"The information John Barritt has been receiving is that the Attorney General has been trying to persuade the office of the DPP to hold off or delay criminal prosecutions.

"If that is the case, that is entirely inappropriate because there should be no political interference in the office of the DPP.

"There is clearly a disconnection between what the Tax Commissioner is asking for (civil suits at the same time as criminal prosecutions) and what the the AG says is her intention.

"If the Attorney General doesn't have a problem with suing alleged tax dodgers civilly, she should get on with it.

"The Attorney General was quoted as saying she didn't believe in taking out criminal cases against alleged tax dodgers, and that seems to be confirming that (she has said this to the DPP).

"She should not be trying to influence the office of the DPP because it should be independent of that."

Mr. Barritt said: "What is clear from the memo of the Tax Commissioner is that the AG's Chambers are now dragging their feet on the collection of outstanding taxes by civil suit.

"Prosecution for the offence of non-payment is exclusively a matter for the DPP. Information coming to me is that the Attorney General has been trying to persuade the Office of the DPP to hold off on prosecutions, or delay them, and I don't think it requires a great deal of thought to recognise that the reason is political: we are in an election year.

"The United Bermuda Party is most concerned to ensure that there is no opportunity for interference or influence by the Attorney General in criminal prosecutions.

"The significance and importance of independence between the AG and the DPP is critical when you consider that the DPP will shortly be receiving, if it has not already, the results of both the investigation by the Auditor General and the Police fraud squad into the Bermuda Housing Corporation scandal.

"Now more than ever, especially with the election looming, the independence of the office of the DPP must not only be real and actual, but viewed with confidence by the Bermuda community as being actual and real."

Darrell Contracting Services is alleged to owe $239,590 in unpaid taxes, Cedarberry Limited is charged with $414,061, and Triple Crown is alleged to owe $670,145.

Ms Graham-Allen said yesterday: "No department has tried to influence the DPP's office, not that I know of.