Attorney General Elliott Mottley should remove himself from representing Government in the looming court battle over hamburgers in favour of an overseas Queen's Counsel, Opposition leader Jennifer Smith said yesterday.

But when The Royal Gazette contacted Mr. Mottley yesterday afternoon he heaped scorn upon the suggestion.

He said: "That's rubbish, absolute rubbish.'' Mrs. Smith said that Mr. Mottley had played a role in the process that led to the signing into law of the Prohibited Restaurant's Act since he advised the Premier, the Governor and Speaker as well as other Government ministers.

"I think we send a message to the people of Bermuda about the seriousness of certain cases in the way that they are handled,'' Ms Smith said.

"A QC was brought in to handle the Operation Cleansweep cases. We did not think that was necessary, but the point is that Government did and they have brought QC's in on other occasions.'' Moreover, Ms Smith pointed out that since the Attorney General had counselled MPs on the Government side at earlier stages of the legislation's journey through the Upper and Lower House, it was better to have someone who had not been involved to present the case.

"There is the old statement that says that justice must not be done but be seen to be done,'' she continued.

"Certainly in a case like this which is of public concern, and explores constitutional issues, it is important that everything is handled in the most above board manner possible.'' Active UBP supporter Joyce Hall echoed similar sentiments. She said that a great many people are unhappy that a Queen's Counsel, well-versed in constitutional matters will not be brought in to argue the Government's case.

She suggested that the hearing, which begins tomorrow, should be adjourned so that a foreign QC could be instructed and brought in to argue the issues.

Another UBP source who did not want to be identified, said that the Grape Bay case raised important constitutional issues.

"This is a rare case in that it originated as a constitutional case,'' the source said.

"The difficulty is that the Attorney General has advised people like the Speaker that the bill is retroactive and unconstitutional which places (the Attorney General) in a difficult position because now he has to get up and defend the case.'' The source said that it would be far better for Mr. Mottley to bring in an outsider because it would remove any accusation that "he did not try his best''.

Grape Bay Ltd. announced that it would sue Government only days after Governor Thorold Masefield signed the Prohibited Restaurants Act into law. The Act was designed to outlaw fast food restaurants with a foreign flavour -- and scuppered Grape Bay's plans to set up a fast food franchise at the airport.