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Warner heading for the bench

murder trial would be his last case as a barrister.Barbados-born Mr. Warner said he would clear his legal files at Juris Law Chambers and start as a full-time magistrate on January 5.

murder trial would be his last case as a barrister.

Barbados-born Mr. Warner said he would clear his legal files at Juris Law Chambers and start as a full-time magistrate on January 5.

The appointment means three magistrates' positions are now filled by Barbados-born lawyers.

Mr. Warner, 50, is currently helping John Perry QC in the legal battle to clear Justis Smith of the Canadian teenager's murder in July 1996.

But he told The Royal Gazette he was looking forward to a quieter life sitting on the bench instead of standing before it.

"This will be the last case I take on and it certainly ranks among the most high profile,'' he said.

"One of the reasons I am changing is because I no longer want to be tired of the constant cut and thrust.

"Or, put another way, the continuing battles between defence and prosecution can be extremely hectic.

"Although a magistrate is more or less interposed between the two positions, the role is more sedate.'' Mr. Warner was called to the bar in 1984, becoming a partner at the Lord, Simmons and Warner firm before it changed to the Juris Law Chambers earlier this year.

And he said his new role as Bermuda's fourth permanent magistrate offered him a series of fresh challenges.

"The roles of defence lawyer and magistrate are two completely different jobs,'' he added.

"They are two completely different facets of the legal system and they cannot really be compared.

"One calls for simply applying one's knowledge and doing justice to all.

"The other is based on taking instructions and presenting the best case for the client.'' Mr. Warner has represented defendants in some of Bermuda's biggest crime cases.

He was even tipped as a candidate to take over the Attorney General's position when it emerged that Elliott Mottley, also a Barbadian, was due to retire.

"Now my role will be entirely different again,'' he said. "My objective now is simply to make sure that every person who comes before Magistrates Court is listened to.

"More importantly, I want it to be his perception that he is listened to and gets a fair trial.

"That's important whether or not it's a trial in the Magistrates Court or the Supreme Court.'' Mr. Warner replaces Arthur Hodgson, who quit his role as a magistrate to become a Progressive Labour Party MP.

Supreme Court Registrar Charles-Etta Simmons added: "We are now at a full complement of four magistrates.'' They include Senior Magistrate Will Francis and Barbados-born magistrates Ed King and Carlisle Greaves.

It is believed a fifth magistrate will have to be appointed when the new drugs court opens in 1999.

And Government House will be looking for a new Senior Magistrate when Will Francis, now 65, retires next year.

Into public service Archibald Warner