Opposition Legislative Affairs Spokesman John Barritt slammed Government for a delay on a review of judges' salaries after Puisne Judge Dennis Mitchell quit the high-stakes Thyssen case.

His resignation from the lengthy court fight over a $2.7 billion family fortune could cost Bermuda dearly as one party in the case is set to sue the Government for millions in lost legal expenses.

Mr. Justice Mitchell said he had been mislead about the cost of housing, which he had to pay for out of his $117,227-a-year salary and had wanted to leave immediately upon starting his three-year contract in December 1998.

Mitchell also said promised improvements for judges' pay had also been reneged on.

Judges earn about $20,000 more than ordinary prosecutors. Prosecutors earn around $98,000 while judges earn $117,000.

In court on Tuesday he said: "The Governor entreated me not to leave but to stay.'' Mr. Justice Mitchell asked for his pay to be nearly trebled to stay beyond his three-year term and finish the Thyssen case, but resigned this week when Government refused to match his terms.

He told The Royal Gazette that low pay was the reason why local lawyers were not opting to make the step up, despite the Bermudianisation policy of the current and former Governments.

He said: "Did it ever occur to you why are there no Bermudians in the High Court? They are grossly underpaid...'' Mr. Barritt backed up this point and attacked delay in the review of judges' salaries.

He said: "It's been two years on and nothing has come about. I think that reflects poorly on the Government.'' He said the fallout of the case would do serious damage to Bermuda's standing as a jurisdiction capable of dealing with important legal cases.

He said Mr. Justice Mitchell was right to complain when promised improvements in judges' packages had not materialised.

Mr. Barritt, a lawyer for Appleby, Spurling and Kempe who are set to sue the Government over the debacle, stressed he was speaking for the Opposition and that he had nothing to do with the Thyssen case.

Deputy Governor Tim Gurney confirmed a salary review was underway and he said Mr. Justice Mitchell's demands might have been covered by the review which had yet to conclude.

He said: "It's taken a very long time, it's still going on. It's frustrating.'' The Royal Gazette sought input from the Attorney General on this matter but Dame Lois Browne Evans was off the Island yesterday and Michael Scott who is acting in her stead, had not returned calls by press time.