A Progressive Labour Party (PLP) Senator yesterday spoke out on the controversial vacancy of the Director of Public Prosecutions (DPP) - and said the squabbling and in-fighting was demoralising prosecutors.

Sen. David Burch said statements made by Opposition MP and Bermuda Bar Council president Trevor Moniz in the Press last week claiming that former DPP Khamisi Tokunbo had been thrown in at the deep end and appointed because he was black were totally untrue.

A row has been brewing on the Island since Mr. Tokunbo was asked to re-apply for his $127,000 position after his three-year contract expired at the start of March.

The job has been re-advertised, Mr. Tokunbo did not re-apply, and in the meantime, lawyer Kulandra Ratneser has been made acting DPP.

Lawyer Larry Scott has defended Mr. Tokunbo, while last week Mr. Moniz said many attorneys believed Bermuda needed a change of leadership in the DPP's office and that Governor Sir John Vereker was right not to automatically renew his contract.

But yesterday, Sen. Burch said he wanted to speak to the situation, and said he was concerned for the morale of staff in the DPP's office.

He said: "Mr. Tokunbo was not removed from his position of DPP..... his contract expired and had not been renewed.

"Mr. Tokunbo was not `thrown in at the deep end'. He was the most suitable and qualified person for the post (when he was appointed three years' ago) and was selected by interview panel, appointed by the Governor, that included the Chief Justice and the former president of the Bermuda Bar, Richard Hector Q.C."

Sen. Burch told the Senate that the appointment of the DPP was, and is, entirely in the hands of the Governor, and not in the hands of the Government, as he claimed Mr. Moniz had suggested.

"The Governor (three years ago) decided to appoint a panel to interview and consider the applicants and make a recommendation to him," Sen. Burch said.

"To suggest otherwise is discourteous and must surely be offensive to the Chief Justice and the former president of the Bar.

"It is a blatant lie to suggest that when the position was created the PLP made it clear that they wanted a black person, who was a supporter of the PLP."

Mr. Burch said that being black or a supporter of the PLP had never been a criteria for an appointment to any post under this administration.

"Rather, our clarion cry has always been the promotion of qualified Bermudians first," said Sen. Burch.

"This Government is no gravy train. I indicated sometime ago that `grace and favour' was dead, lest the so-called UBP (United Bermuda Party) are so hard of hearing."

Sen. Burch said the Government was not consulted on the recent turn of events with the position of DPP and there was no requirement to consult - on such appointments.

He said: "The Governor, acting on his own discretion, decided not to renew the contract of the DPP.

"This was his prerogative alone." Sen. Burch asked whether Mr. Moniz's comments suggested that the bar council was now assisting in making appointments to the DPP, or leading the Governor over such positions.

He said: "The attack on the DPP's Office has demoralised the professionally qualified and competent staff of the office and is extraordinarily incomprehensible, as Mr. Moniz attacked his fellow members of the bar in an effort to promote his own political agenda."

And the senator said the comments made by Shadow Minister of Legislative Affairs John Barritt in The Royal Gazette which said "short term contracts would allow the Government to remove an under performing DPP" were mischievous because the Government did not appoint the DPP and therefore could not play a part in his or her removal.

Mr. Moniz was quoted in last week's Mid-Ocean News in response to comments made by lawyer Larry Scott in defence of Mr. Tokunbo.

Mr. Scott said many lawyers believed Mr. Tokunbo should have been left in the position, and supported him in his legal battle with the Governor over his removal.

Mr. Scott called for lawyers to boycott cases involving the new Acting DPP Mr. Ratneser.

But Mr. Moniz said: "The decision (to remove him) was neither political nor personal, but it hasn't worked out, and for the sake of Bermuda, we had to move on."

Mr. Moniz said Mr. Scott stood alone in his stance on the issue.

He said: "I've consulted with members of the bar council and the consensus is that we needed a change.

"It was felt that the DPP needed to pull up its socks; it needed change.

"(The hiring) is supported by the bar and by the Government even if only in acquiescence. We have not seen any huge swelling of outrage either from lawyers or from the PLP."