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Magistrate will not be disciplined

disciplinary action against controversial Magistrate Edward King, The Royal Gazette can reveal.Mr. Justice Ward carried out an inquiry after Acting Director of Prosecutions William Pearce demanded disciplinary action be taken against Mr. King.

disciplinary action against controversial Magistrate Edward King, The Royal Gazette can reveal.

Mr. Justice Ward carried out an inquiry after Acting Director of Prosecutions William Pearce demanded disciplinary action be taken against Mr. King.

It followed a bitter courtroom argument in October when Mr. King allegedly ordered Crown counsel Larry Mussenden to be taken from the court to Hamilton Police Station in handcuffs.

A well-placed source told The Royal Gazette that Mr. Justice Ward gave Mr.

King a scolding, although it has not been revealed if any disciplinary action has been taken.

Mr. Mussenden spent 20 minutes in custody in the station following the row and was reported to be considering suing Mr. King for wrongful arrest.

Mr. King denied ordering the lawyer to be taken away in handcuffs, although he did admit repeatedly calling him a coward.

Mr. Justice Ward had the option of recommending to Governor Thorold Masefield, who has the power to hire and fire magistrates, that disciplinary action be taken against Mr. King.

This week the Chief Justice issued a statement to The Royal Gazette saying that after speaking to Mr. King "a problem has been identified and corrected'', although he refused to reveal further details.

Mr. Justice Ward said: "As a result of the representations made to me on behalf of the Crown counsel, Mr. Mussenden, I have considered all the reports which bear on the recent incident in Magistrates' Court that involved one of the magistrates, the Worshipful Edward King.

"I have spoken to Mr. King about the incident. The problem has been identified and corrected. I consider it most unlikely that there will be a recurrence. I now consider the matter closed.'' Magistrate in the dock The Chief Justice refused to expand on his statement yesterday.

Mr. King refused to comment and Mr. Mussenden could not be contacted.

But Crown counsel Patrick Doherty, who is acting DPP because Mr. Pearce is on holiday, said: "I am not sure where the matter stands. I have not been advised by Mr. Pearce about the matter.'' Deputy Governor Tim Gurney confirmed the Chief Justice had not referred the matter to the Governor for further action.

He said: "The Chief Justice was contacted by the DPP's Office about it and has been in contact with the DPP about it.

"There was an exchange of correspondence. The Governor discussed the case with the Chief Justice but the Chief Justice made no recommendation to the Governor about any additional action being necessary.

"Nothing has come to Government House because nothing was required (to be done by Government House) in the Chief Justice's view.'' Meanwhile, Bermuda Bar Association president Richard Hector, who claimed the Island's lawyers were "up in arms'' about Mr. King's alleged behaviour, said he still considered the matter open.

He said: "I don't know about this, but the matter as far as we are concerned is that we still have to speak to the Chief Justice again.

"We have not completed our meetings with the Chief Justice. We were raising not only matters about Ed King and Larry Mussenden, but matters of general concern at Magistrates' Court.

"We have a responsibility to look into matters that affect the administration of justice and we have not yet completed our duties and responsibilities.''