A former Crown prosecutor has claimed there was "political interference'' when legal advice was sought over whether pyramid schemes were illegal.

Peter Eccles said one of the reasons he left the Department of Public Prosecutions was because he could not stomach having to worry about whether decisions to prosecute criminal cases would be politically popular.

He said he was concerned that politically-appointed Attorney General (AG) Dame Lois Browne Evans was interfering by offering legal advice in a criminal matter which was clearly outside of her constitutional mandate.

In an exclusive interview with The Royal Gazette , Mr. Eccles, who returned to his native Canada last month, said it was unconstitutional for Dame Lois to give a legal opinion to Premier Jennifer Smith about the schemes because criminal matters were the responsibility of the Director of Public Prosecutions (DPP) and his staff.

He said it appeared that the question of whether the schemes were illegal was being "shopped around'' for a favourable opinion because the Progressive Labour Party was under pressure to make the issue go away.

Mr. Eccles said the handling of the pyramid scheme issue showed political influence was being brought to bear on the administration of justice in criminal matters.

The schemes came to light in January and Police carried out a lengthy investigation. Police announced last week that DPP Khamisi Tokunbo would be given a file on the schemes before deciding whether to prosecute.

In January, Mr. Eccles, who had previously prosecuted a pyramid scheme, gave a legal opinion that pyramid schemes were illegal.

He told The Royal Gazette : "The pyramid schemes caused great concern.

Browne Evans criticised "It is not as if someone is trying to make a murder charge or a serious fraud charge go away, but is an indication that political pressure can be brought to bear to make a charge go away and possibly that political pressure will be successful.

"I can't perform in an office where I have to be concerned whether my decisions in charge approval are politically popular. If I have to be concerned about whether decisions are politically popular, it is time to stop working and move on.'' Mr. Eccles said he successfully prosecuted a pyramid scheme in Bermuda and that at least two cases had clearly established that the schemes were illegal under the Lotteries Act.

He said he and Acting Director of Public Prosecutions William Pearce did not know the Attorney General was reviewing the legal opinion until they read about it in The Royal Gazette .

"There is no doubt that pyramid schemes are illegal. There is no issue. For the politically-appointed legal officer to then say `we are taking a fresh look at it' without consulting the legal officers who rendered an opinion and successfully prosecuted it raises concern.

"Her staff and counsel have no role or right constitutionally to advise anyone on what is a criminal matter. That's the DPP's job.

"When the AG goes on record publicly saying we are taking a fresh look to decide if something is criminal in the face of the DPP, who has indicated it is criminal and in the face of prosecutions that have determined it as a matter of law that it is criminal, what is there to look at? What is the issue? "To say we are going to `crack open the books' and look at it, what are the implications? That myself and the DPP have offered an opinion without bothering to look at the law? "There is no issue that under the Lotteries Act you can't run a pyramid scheme. If there is a matter of fact, not a matter of law, it has absolutely nothing to do with the AG, and her staff can't be seen to be concerned. As a prosecutor, that level of interference I cannot deal with.

"The Premier should not ask the AG for an opinion if she does not like the opinion of the DPP. You can't shop around for different answers and that's one interpretation of what happened.

"It happened because there was a tremendous political backlash with pyramid schemes. There was a perception that was being spun that it was an investment plan for members of the black community and, now that it was successful, the business establishment was trying to crush it.

"The Premier has the right to be concerned about these schemes and sees the AG as her legal advisor. The problem is the AG should be saying `this is a criminal matter, go see the DPP'.

"That's what did not happen. No one said to the AG or the Premier `hold on, this is not our concern, this is the DPP's concern' until it was too late.

"I didn't understand why anyone would try to second guess my opinion. That is indicative that there is something that isn't quite working.'' Dame Lois said yesterday: "I don't think (anything I) say about Peter Eccles' opinion and what he said to you is printable so I'd better not say anything.''