The top London lawyer brought in to investigate the handling of the case against former Progressive Labour Party candidate Rodney Smith has concluded that it was "not handled in the customary way''.

John Roberts QC said contact took place between members of the Attorney General's chambers and Smith which left officers open to suspicion and criticism.

But Dr. Roberts said there was no evidence that the process, involving the office of the Director of Public Prosecutions and the AG's chambers, was manipulated for political reasons or to give Smith an advantage.

Dr. Roberts' report will now go to the board recommending the appointment of a new Director of Public Prosecutions to see if it wishes to review its nomination. Principal Crown counsel Khamisi Tokunbo is understood to be the name recommended by the panel to Governor Thorold Masefield.

The Governor has to forward the recommendation to the Foreign and Commonwealth Office in London to be ratified.

Controversy erupted in October when Smith appeared at Magistrates Court on charges of assaulting one of his former tenants. Smith told Magistrate Archie Warner that he was told by someone in the AG's chambers to appear and that his case would be "disposed'' of with a binding over under section 64 of the Criminal Code, meaning there would be no conviction recorded against him.

Crown counsel Leighton Rochester said he had no knowledge of this and asked for the case to be delisted to its original trial date of December 1.

Another Crown counsel, Larry Mussenden, took over the prosecution the next day and Smith admitted the facts of the case.

Mr. Warner bound Smith over for 12 months but said: "Somewhere along this process someone tried to interfere with this process.'' Dr. Roberts was called in by Government House to review the handling of the case within the office of the DPP and the AG's chambers.

In a statement yesterday, Deputy Governor Tim Gurney said: "Dr. Roberts reported to the Foreign and Commonwealth office that the case was not handled in the customary way and, in particular, contacts took place between members of (the AG's) Chambers and Mr. Smith which left individual officers open to criticism and suspicion.

Rodney Smith report "However, Dr. Roberts found no evidence that the process was manipulated for political reasons or to give Mr. Smith an advantage.

"The board set up to recommend on the appointment of a DPP is being made aware of Dr Roberts' findings and has been asked if it wishes to review its recommendation to the Governor.

"A considered recommendation will then be forwarded to the Governor for him to advise the Secretary of State (for Foreign Affairs).'' The selection board is understood to include Chief Justice Austin Ward, Bermuda Bar Association president Richard Hector and Mr. Gurney.