which he released yesterday.

Section 71A of the Constitution Order 1968 refers to the appointment and conditions of the appointment of the Director of Public Prosecutions whose conditions of independence are not subservient and whose function is to deal with criminal matters, that are in contradiction of our legal system, be it the law or Constitution.

The Director of Public Prosecution is the one and only person whom our Constitution says has the authority to decide whether or not to proceed with criminal proceedings without political interference.

Our Constitution also makes provision for a Solicitor General whose job it is to advise Government on all legal matters and is subject to a certain amount of political direction.

The Director of Public Prosecutions has a very special role to play. His job is to be independent of all political interference, be experienced in his knowledge of the court proceedings and to advocate justice that is not only fair but is seen to be fair by the public.

My view is prompted by my concern for Bermuda both internally and externally and I comment as a result of a recent article by The Royal Gazette about gambling in Bermuda and what has been alleged to have been said about how the matter might be dealt with.

From what I am made to understand there is a broad opinion that gambling in Bermuda except for certain authorised games is illegal if not under the Gaming Act, certainly it can be controlled under the Liquor Licensing Act.

The Government appears to have taken a decision not to prosecute which is not its role. It is the role of the Director of Public Prosecutions to look at the law and determine if there appears to be a violation of the law and to take such appropriate steps to ensure there is compliance by the law and, his action must by the Constitution be unfettered. In other words there is to be no political interference. The Legislature, by way of the Premier and the Cabinet, or by a private members bill, can make changes in the law but not try to control how or when it is enforced.

Now that the role of the Attorney General has changed to that of a politician, it becomes imperative as written in our Constitution under section 71A that the Director of Public Prosecutions must not under any circumstances be directed by a politician, only by the laws of the land.

At the moment the Solicitor General who is an advisor to Government is the acting Director of Public Prosecutions, therefore he is unable to act without some political interference and the decision as to whether the law is being violated is being clouded by the pronouncements of the politicians.

The prevailing attitude on the question of illegal gambling seems to be that it is acceptable to break the law and we will fix it by letting those who have broken the law continue and we will protect them by no prosecution. When there was an outcry as to how the legal system was treating our young people, the politicians said that they were in no position to interfere as it was a matter for the judicial system, but now seem to contradict this when it comes to white collar crime. Does the Government endorse two different sets of legal standards? I therefore call upon the Governor who has the responsibility in the appointment of independent office holders, such as the Director of Public Prosecutions to proceed with the appointment of someone who has no political affiliation and has established a record of competence and experience and is capable of acting independent of any political interference, so that justice is not only done but is seen to be done.

It is absolutely imperative that Bermuda's image as a civil society must be just, fair, unfettered and offer due process without political interference.

The Director of Public Prosecutions must command the respect of both the legal profession and the public at large.

If we compromise this very important imperative, we will compromise our destiny.