DPP row: Timeline of high level legal row

Timeline 1 / Background - Was someone motivated to thwart Clarke’s promotion?

Disquiet in the Department of Public Prosecutions — detailed in a controversial letter sent to the Attorney General (see story here) — appears to stretch back several years and provide a backdrop to the lingering controversy surrounding Cindy Clarke.

She was denied an immediate promotion that many felt she deserved but the specific reason/s why remain unclear.

Some of the key players at the centre of events — including Ms Clarke herself — have declined to make any public comment, which has made the reporting of this sensitive matter all the more difficult.

But we have spoken to several senior figures in both legal and political circles who helped us to piece together a rough timeline of events leading to the re-appointment of Rory Field as Director of Public Prosecutions. 

We have also seen legal documents that detail some of the most pertinent developments.

Feedback from our readers — and posts on various media websites and blogs — suggest Bermudians are struggling to fathom why Ms Clarke, a seemingly qualified Bermudian, was not given the post for which she was being groomed. 

Some observers suggest that, for the Governor to use the word ‘untenable’ in his December 2 statement (see story below), he must have felt convinced she had done something untoward but has been duty-bound to retain his silence. 

Others suggest Ms Clarke fell victim to an ‘old boys network’ scenario while some are satisfied with the explanation that Ms Clarke was deemed by the Governor to be unready for the role and in need of experience overseas. 

Time and again we have heard the refrain ‘this kind of thing happens all the time’, where Bermudians are inexplicably passed over for senior posts and the aim of today’s coverage, in the absence of definitive information from the authorities involved, is to inch closer to the truth. 

September 5, 2007

• Rory Field appointed Director of Public Prosecutions (DPP)

2010 

• Rory Field re-appointed DPP, at which time a Government spokesperson said that there was “every intention” to appoint a Bermudian to the post of DPP in 2013

Date unknown
• A lawyer — whom we’ll call Lawyer X — reportedly makes it known within the department that Magistrates’ Court work is not the best use of Lawyer X’s time. [Most prosecutors are required to conduct Magistrates’ Court trials]. Lawyer X’s alleged key role in affairs would become apparent later (see story below)

July 2013

• Mr Field advised staff that Lawyer X would not be appearing in Magistrates’ Court any more as Lawyer X needed time to work on other matters


October 2013

• Advert for the DPP job posted on the government website
• Lawyer X reportedly approached Ms Clarke and asked, if she was appointed, would she allow Lawyer X to continue to avoid Magistrates’ Court work. ‘No’ was the answer from Ms Clarke


Dates unknown
• Ms Clarke interviewed by a panel handpicked by Governor Fergusson for the Director’s post. Panel was chaired by then-Deputy Governor David Arkley and included Chief Justice Ian Kawaley, former Assistant Cabinet Secretary Judith Hall-Bean, Assistant Police Commissioner Michael Jackman and Huw Shepheard, former AG of Turks and Caicos 

• The panel recommends Ms Clarke for the job

November 12, 2013

• Ms Clarke met with the Governor and was told Mr Field’s contract was being extended by a year, after which time she may be promoted. But she was not named designate. Her relative youth and lack of overseas experience were reportedly raised as factors and Ms Clarke was also told that a six-month secondment had been arranged for her (by Mr Field) at the Serious Fraud Squad Office in London

• Once the Governor’s decision became known, events took some intriguing twists and turns (see story below).

 

DPP Row / Timeline 2: fallout from Governor’s decision - Clarke’s appointment deemed ‘untenable’. But why? 

Once Cindy Clarke was informed that she was not going to be immediately appointed Director of Public Prosecutions, events took some eye-opening twists and turns.

We spoke to several senior figures in both legal and political circles who helped us to piece together a rough timeline of events.

We also have documentary evidence detailing the most pertinent developments. 

November 12, 2013

• Cindy Clarke met with the Governor and was told she would not be promoted immediately and would not be named designate (see story above)


November 13
• A letter is drafted collaboratively at the Department of Public Prosecutions (see story here) and staff are asked to sign. The letter details reasons why Rory Field’s contract as DPP should not be extended, and suggests Ms Clarke should be his successor
•Among those who refused to sign were Lawyer X (we first refer to Lawyer X in the above story)
• Our sources state that neither Ms Clarke nor Mr Field were notified of the letter or its contents prior to its delivery
• 1.15pm: The letter has been signed by eight members of the DPP staff — five lawyers and three support staff — and a request is sent for a meeting with Attorney General Mark Pettingill

November 14

• 9am: Five DPP staff members present the letter to the AG. The AG reportedly asked few questions, promised that the names of the signatories would not be revealed by him and that he would alert the Premier and the Governor


November 15

• Early morning: DPP staff are approached by two, senior figures in the department (both of them non-signatories to the letter) demanding to know if they signed the letter and in at least one instance, told that a letter of apology should be written to Mr Field

• Time unspecified: Ms Clarke is notified about the letter

November 18

• Mr Field returns to the office and Ms Clarke is notified that he is now involved in the questioning of staff members about the letter. Some staff, according to a department source, “appeared to be visibly shaken”
•A Permanent Secretary reportedly received calls from DPP staff “expressing unease over being questioned”. The PS subsequently met with staff and assured them their jobs were not in jeopardy. [The Bermuda Sun has been reaching out to speak to the PS for a week, but we have received no reply]


Date unknown

• In what appears to be a major development, Lawyer X informs a senior DPP figure that Ms Clarke solicited Lawyer X’s signature on the letter. An email is sent to the Governor by the senior DPP figure with this information


November 22
•The Governor reportedly has a pointed telephone conversation with Cindy Clarke. The Bermuda Sun has been provided with a brief summary of what transpired but, in the absence of direct verification by either party, has decided not to print it  


November 27

• Bermuda Sun publishes a page one story headlined ‘High-level row over senior legal role’. Among those expressing disquiet over events are Shadow Attorney General Kim Wilson


December 2

• Government House issues explanatory statement: “A panel was convened by the Governor and chaired by the Deputy Governor, to advise him on the appointment. This panel recommended, after some consideration, that the candidate would be qualified for the appointment, subject to a suggested transitional period.

“The Governor accepted this recommendation and had begun to set its implementation in train. However, in the light of certain subsequent developments, it became untenable for the appointment to proceed.”


December 4

• Bermuda Sun publishes follow-up story headlined: ‘DPP legal row escalates’. Premier Craig Cannnonier reveals that he has written to the Governor to share his displeasure with his decision not to appoint Cindy Clarke, giving the first hint of a potential constitutional crisis. Several members of the Bermuda Bar also publicly come out in favour of Ms Clarke for the role


January 10, 2014

• Bermuda Sun publishes a front page story revealing that Premier Craig Cannonier and AG Mark Pettingill had talks in London with the Foreign and Commonwealth Office (FCO) about resolving the dispute. A senior Government source tells us mediation was recommended. We had sought comment from the Governor but none was forthcoming
•11.56am: A statement by the Governor is released via DCI in which he says the FCO “has not called for mediation”.  He added: “I see no role for mediation on this issue. I have appointed Mr Field in line with my constitutional responsibilities and mediation cannot reverse this. He has my full confidence.  

“As already announced, I am expecting to make an appointment to the position of DPP at the end of this year. Once again, I would intend to try to appoint a Bermudian candidate if possible, and subject to the advice of an independent panel. But, like judicial posts, this is not a job which should or will be filled according to political or other pressures”


January 16

• A highly placed Government source confirms to the Bermuda Sun that the issue of mediation was discussed as a means of resolving the DPP dispute at the meeting with the FCO in London.

The source added: “There is no question that the issue of mediation was raised at the FCO meeting in London.” 

Additional reporting on these stories by Tony McWilliam