The panel to nominate Bermuda's new Director of Public Prosecutions should complete a review of its decision next week after being informed of the results of a report into the handling of the Rodney Smith case.

In his inquiry into the conduct of the Attorney General's chambers and the office of the Department of Public Prosecutions, John Roberts QC found the case against Smith "was not handled in the customary way''.

Dr. Roberts said contact was made between the Attorney General's chambers and former PLP candidate Smith "which left individual officers open to criticism and suspicion''.

But he found no evidence that the process was "manipulated for political reasons or to give Mr. Smith an advantage''.

Principal Crown counsel Khamisi Tokunbo is understood to have been the candidate nominated by the selection panel last year and forwarded by Governor Thorold Masefield to British Foreign Secretary Robin Cook.

It is thought the recommendation was on Mr. Cook's desk in London in October last year when the controversy surrounding the case emerged.

The Foreign Office ordered Dr. Roberts to review the handling of the case and asked the Governor whether he wanted to review his nomination following the report.

The Governor in turn has asked the board set up to recommend the new DPP to review its nomination.

The Royal Gazette understands the nomination board -- Deputy Governor Tim Gurney, Chief Justice Austin Ward, Bermuda Bar Association president Richard Hector, and Government director of personnel services Judith Hall-Bean -- is expected to complete its review next week.

If it again recommends Mr. Tokunbo -- and the Governor approves -- his appointment could be announced later this month.

But if the board rejects him, the post will have to be re-advertised and the recuitment process will drag on for months.

Mr. Gurney said yesterday: "The board set up to recommend an appointment is scheduled to meet in the near future and will be making its recommendation to the Governor shortly thereafter.

Dr. Roberts' report will not be made public and the review panel will only see excerpts of his findings.

Dr. Roberts had no powers to compel people to give evidence, but it is understood that every person he wished to interview was co-operative.

Controversy emerged in October when Smith, who was charged with assaulting a former tenant, told Magistrate Archie Warner he was told by someone in the AG's chambers to attend that day and that he understood his case would be disposed of with a section 64 bind-over, meaning no conviction would be recorded against him.

Crown counsel Leighton Rochester said he knew nothing about this and had only been informed about the case the previous evening by acting DPP William Pearce. Mr. Rochester asked for the case to be delisted to its original trial date of December 1.

The case continued the following day with a new Crown counsel, Larry Mussenden. Mr. Warner said the case against Smith was proven and bound him over for a year.

But Mr. Warner said: "Somewhere along this process, someone tried to interfere with this process.''