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Tokunbo slammed over Rodney Smith case: Trainee Crown counsel `seeking legal

The lawyer tipped to be Bermuda's first Director of Public Prosecutions attempted to interfere in the handling of an assault case against one-time PLP candidate Rodney Smith, it was claimed yesterday.

Now a trainee barrister in the Attorney General's Chambers has sought independent legal advice amid claims of interference in the case by Principal Crown counsel Khamisi Tokunbo -- likely to be appointed DPP in the next few weeks.

Pupil barrister Cindy Clarke is understood to be concerned at Mr. Tokunbo's role in the proceedings -- and has kept notes on the case.

And Crown counsel Leighton Rochester -- who on Monday appeared in the case against Mr. Smith, accused of assaulting a former tenant -- is said to have contacted Government House to protest at his being landed with the case. A legal source said yesterday: "My information is that a pupil in the Attorney General's Chambers has sought legal advice.

"She has made a full documented notation of how this matter has been handled.

"And it appears Khamisi Tokunbo brought influence to bear as to how this case was dealt with.

"The pupil has kept an extensive note as to what was said and they were instructed to keep it out of the press.'' Smith bound over; Page 2 Tokunbo slammed over Smith case And the insider claimed: "Two senior counsel were approached with regard to this -- and wanted nothing to do with it.

"This was a politically motivated operation to ensure Rodney Smith avoided the limelight -- and there is a lot of dissension in the camp over this.

"The word is out in the AG's Chambers over this and in a lot of other places.

"It is simply a case of a proposed Director of Public Prosecutions bringing political influence to bear.'' The source added that Mr. Tokunbo -- currently head of the civil law section of the AG's Chambers -- "should not be involved in criminal matters at all''.

Mr. Smith first appeared in court on Monday morning -- at 9 a.m., earlier than the usual starting time for cases -- and ahead of the scheduled December date for the case to go to trial.

The insider said: "It's unusual for people to go to court at that hour unless it's a major matter like murder or something.

"There are a lot of people who were particularly unhappy about how this has been handled.'' The source added: "People are saying they're not surprised at all -- the concept of the apolitical appointment has taken a major knock.'' Smith told Magistrate Archibald Warner on Monday that he understood the case would be "dispensed'' with -- and that he would be bound over, which would avoid a conviction being recorded against him.

But Mr. Rochester said he had no knowledge of that and asked for the case to be "delisted'' and adjourned until the original trial date of December 1.

The Crown case yesterday was handled by another AG's lawyer, Crown counsel Larry Mussenden.

Yesterday, Mr. Warner bound Smith over for 12 months -- but stressed he had reached his decision based on the facts and that the courts were independent.

But he added: "Somewhere along this process somebody tried to interfere with this process.'' Neither Mr. Tokunbo or Ms Clarke could be contacted for comment last night.

The Royal Gazette revealed in February that Mr. Tokunbo had emerged as favourite for the new post of DPP -- caused by the PLP Government's decision to appoint PLP MP Dame Lois Browne Evans as the Island's first political Attorney General of modern times.

Public service AGs previously combined criminal work with the job of Government's main legal advisor.

Dame Lois' role is to advise Cabinet on the law and appear for Government in civil cases.

The new-style Director of Public Prosecutions post was created to avoid a potential conflict of interest.

Mr. Tokunbo emerging at the head of the pack caused some rumbles in the legal profession.

It is understood some members of the legal profession questioned his experience -- while others said Mr. Tokunbo's close links with the ruling PLP could be a problem.

But Mr. Tokunbo insisted when his name first came up that his politics -- "whatever they were'' -- were "private and personal'' and would not influence his role as a civil servant.

Mr. Tokunbo has worked at the Attorney General's Chambers for several years and attended a major UK/Commonwealth conference on money laundering -- currently a hot international issue -- and has undergone specialist training in the handling of child abuse cases.

Centre of Controversy: Former PLP candidate Rodney Smith