DPP Re-Appointment An “Insult To Bermudians”

January 6, 2015

“To simply roll over Mr. Field’s work permit while qualified Bermudians are left in the cold is an insult to Bermudians and yet another confirmation that our country is headed in the wrong direction,” Shadow Attorney-General Michael Scott said today [Jan 6].

The follows after the Governor’s announcement yesterday that Rory Field has been re-appointed as Director of Public Prosecutions [DPP], with the extension set to run until December 31, 2016. Mr. Field has held the position for over seven years, having formally taken over the role of DPP of Bermuda in September 2007.

Cabinet Office’s Comments

Following the news that Mr. Field was reappointed, a Cabinet Office spokesperson said, “Naturally the Premier is disappointed that a suitably qualified Bermudian has not been appointed.

“After expressing every intention to appoint a Bermudian DPP in 2007, 2010 and 2013, it is most unfortunate that the process adopted by Government House appears unable to make those intentions a reality.”

“The Cabinet Office noted that concerns regarding this matter have been raised previously by the Premier,” the spokesperson added.

“The Cabinet Office confirmed that the Premier had ‘strongly expressed’ his concern to the Governor and further indicated that he would once again raise the matter with Minister James Duddridge MP, Parliamentary Under Secretary of State in London, who is responsible for Bermuda and the Overseas Territories.

“The Premier is expected to re-emphasize the Govermment’s position that suitably qualified Bermudians be properly considered, and where appropriate appointed to these important constitutional posts.”

Shadow Attorney-General Michael Scott’s Comments

Mr. Scott said, “The reappointment of Rory Field is a slap in the face to not just the qualified, capable Bermudians who have been overlooked, but to everyone who believes that Bermudians should come first in jobs and opportunities in our own country.

“To simply roll over Mr. Field’s work permit while qualified Bermudians are left in the cold is an insult to Bermudians and yet another confirmation that our country is headed in the wrong direction.

“The PLP’s position is clear. There has been a lack of openness, accountability and transparency in this process and there must be justification by the Governor why qualified Bermudians are being denied the opportunity to fill this post. Furthermore, the following questions must be asked:

  • 1] The Governor has previously stated that Cindy Clarke’s proposed appointment as DPP was “untenable,” yet Ms Clarke has continued in her role as Deputy Director, and has done so with the highest degree of professionalism. If Ms Clarke is good enough to do the heavy lifting as Deputy Director, then why has she been denied the opportunity to fill this role?
  • 2] Will the Advisory Committee on Judicial and Legal Services in its advisory role have its reputation tarnished by the Governor’s decision?

“The Governor has demonstrated repeatedly that he is not a friend of Bermudians or Bermuda. The Premier’s plan to appeal to the Foreign and Commonwealth Office is fruitless as the Governor takes his direction from the FCO. The Premier knows that this is nothing but a meaningless PR gesture.

“For the Governor to re-appoint Mr. Field just weeks after he approved charges in the Prince Edness murder trial which were dropped within 48 hours, demonstrates that it is long past time he stepped aside, returned to his home and made way for the Bermudians who are fully capable to be DPP,” concluded Mr. Scott.

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Comments (91)

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  1. watching says:

    Well said Mr. Scott.

  2. Micro says:

    Where are the qualified experienced Bermudians tho? Name them.

    • watching says:

      Cindy Clarke’s name has been mentioned by everyone. yet we have no reason why she hasn’t been given the job.

      • hmmm says:

        Did she apply?

        • BETTTYTRUMP says:

          When will Bermudians be valued in their own country? No matter how much qualifications a Bermudian obtains, it seems never to be enough. The goal post is always moved.

          The job of Commissioner of Education is another example of such disregard for qualifield Bermudians. This time the government has the control but instead the Minister seeks to hire a nonBermudian. The goal post has be moved to prevent a Bermudian from applying!

          What message does this send to our young people? Bermudians are not valued in their homeland.

          Once again a negative decision that should be a concern to all.

          Well said Minister Scott

          • Lebron says:

            Hang on a minute, do you know these people, do you know who is more capable than the other?

            Is the Governor – who knows these people, more qualified to say, or someone who doesn’t know them from Adam, but happens to fancy a moan on bernews?

            This is about 2 people’s merits for a job, not a political points scorer.

            • sally says:

              It’s not Rock Science dearest LeBron. Guess who puts the application files together for submission to the Governor? A file is merely put to the Governor in regards to each Applicant and he reviews it. He has no more info than what is given to him and whatever questions he decides to ask of certain individuals. He merely gets paid for doing nothing. Seek out more and you would know more!

          • jt says:

            Where was your outrage in 2007?

          • John says:

            I guess grammar wasn’t one of your Qualifications “how much qualifications” hmmmmm

          • Sickofantz says:

            The trouble is that Bermuda is so full of pedantic petty squabbling that I think that in itself is why an outsider (who by the way has decades of experience over Ms Clarke) is better to fill this apolitical roll.

      • Micro says:

        Maybe its that experience bit. Has she applied recently? Is she suitably experienced?

        • watching says:

          she is the Deputy director and has plenty of experience.

          • BETTTYTRUMP says:

            It is highly likely that the goal post was moved again like with the post of Commissioner of Education requiring more than 15 to 20 years experience. Anything or method employed to keep a Bermudian out of the post. The goal post moved p…..again and again…

            • BETTTYTRUMP says:

              The DDP IS A POST APPIONTED BY THE GOVERNOR ONLY. WE ARE NOT WILLING TO LET GO OG MOTHER’s coat strings…..so here it is….

              The Commissioner od Education is a post the government can have a say in,yet there is a push to give it to a non Bermudian…..

              • Kunta says:

                Bermuda for Independence

              • SMH says:

                BETTYTRUMP: The appointment was based on the recommendations of a committee made up of Bermudians. Shouldn’t you be directing your comments to them (their names are listed below) or are some of them friends of yours??????????

              • Inspector Gadget says:

                So why give it to an American?

        • Infidelguy says:

          @Micro

          What a stupid question!

          She has been holding the post of Deputy Director. How much more experience does she need in your eyes??

          Stop being be a ****!

          • Creamy says:

            Being a deputy doesn’t automatically qualify you for the top job. Not in this case, and not in any case.

            • frank says:

              Every one knows that the present guy will stay because he is white and in the next 2 years will leave with a fat pension
              It is time for this governor to go
              It is also time for Bermudians to stop sitting back and put a stop to all this. Be
              If not now. When

          • Experience Matters says:

            Experience outside Bermuda would help.

      • Cleancut says:

        Has anyone thought that maybe Cindy Clarck “ain’t got it”

  3. somuchless says:

    Sad. Locals deserve a chance but at the same time do we have locals who are qualified and if there are, now is the time to speak up.

  4. Expat says:

    What qualified Bermudian??!! There is no comparison … Only other candidate is Cindy Clarke who per the BDA bar association was first called to the Bar in 1999 – Rory has almost 20 plus years experience advantage, plus he was also DPP of Belize. Pretty clear cut.

    # Seniority Name Date of Call in Bermuda First Call Place
    159 Cindy E Clarke 25-Aug-00 22-Jul-99 England

    • BX to BDA says:

      As far as we know, when the job was advertised it didn’t require all of his years of experience. To imply such would be an abuse of the system and current immigration policies. Furthermore, if we continue to play the game of “this person has more experience” you will never promote locals into available executive positions. It destroys any sense of succession planning, because eventually you will lose internal talent through attrition. A candidate’s selection should be based upon basic qualifications, capability, and competency to perform the role to the highest level of professional quality. Ms. Clarke’s application had been previously endorsed by the selection committee but she is still being sidelined. What is not clear is why? The Governor appears to be acting independently in contravention to the wisdom of the committee that charged with the responsibility for selecting the DPP. The Governor needs to explain why.

      • Sandgrownan says:

        Er, no he doesn’t. It’s actually a private matter

    • Self says:

      Just because somebody has more years doing something, that doesn’t make them more experienced.

      I have people on my job that have been there many more years than I have, yet they come to me for assistance. Some of them you wouldn’t believe they’ve been there so long as they are totally clueless.

      I am not saying that Ms. Clarke is more experienced, nor am I saying Mr. Field is more experienced. I don’t have knowledge of what goes on in the DPP’s office, so I cannot comment one way or another. I just wanted to point out that just because somebody has been doing something longer, it doesn’t necessarily make them better at it.

      • Creamy says:

        Agreed. It sounds like ypu also agree that the best person should have the job.

        • Self says:

          Of course.

          As a Bermudian, naturally I’m going to be pro-Bermudian. However, I’m not going to make a whole pile of unnecessary noise just for the heck of it. Clearly, the Governor and his advisors know much more than we do. That’s why I said I’m remaining neutral, since as an outsider I’m not privy to all of the facts.

    • frank says:

      So what again when he worked. There some one in that. Sunny place got overlooked
      The hell with fields he has to go

  5. Sandgrownan says:

    Calm down Michael. Yeah, all the Governor does is think of dastardly ways to “insult Bermudians”. Give it rest, and when you’re done with the politics, perhaps consider that the decision was taken under advice, knowing the inevitable gnashing of teeth, and perhaps that the closest possible Bermudian canddiate might not be ready just yet. Who knows? I don’t and you certainly don’t.

  6. Huh says:

    May be Mr. Fields is still working on a certain cases surrounding a certain person?

    • Lois Frederick says:

      Quite possibly.

      • Kunta says:

        So Scotland Yard wasn’t good enough, no surprise with de Gov. decision, look how he handled de Tuckers town issue.
        Birds of a feather.

    • LOLOLOLOLOLOLOL says:

      That may be true, but it still makes no sense. He could easily hand off all the documents and advise the next DPP on what he has been doing. Just like with the Ombudsman. Im just saying.

  7. Terry says:

    “Prince Edness trial”.

    Garbage.
    That’s why the charges were dropped. He (one would think) would have told Police their was not enough evidence to support a prima face case; plus other evidence of whereabouts at the time.

    Police act on information and at times it is wrong.
    Justice served.

    Great work by the DPP.
    Shalom.

    • Grizz says:

      @Terry ya serz with that last comment?! How can you say it’s great work by the DPP when the charges are set by the DPP not the police. The DPP should have been the ones to tell the police that there wasn’t enough evidence to proceed. Gosh, you have me so confused with your post!

      • Terry says:

        Well you will stay confused.
        The charges are set by law against a certain section of the Criminal Code. Nothing to do with the DPP. He does not write the law.
        Being arrested on suspicion of something are grounds for such. There must be some related facts to act i.e reasonable grounds to suspect.

        I am not up to date like most but it does not take the DPP/Attorney General to drop charges.
        The police can do same with new evidence to support that they have no case.
        Shalom.
        Outta here.

        • Bermuda Jake says:

          You are wrong. Section 71 Bermuda Constitution – the DPP is the only person who can stop a prosecution. He also decides to file charges in a Court room. The Police provide the investigation and evidence. The decision on charges is for the DPP.

          • Grizz says:

            @Bermuda Jake…..thank you cause he still don’t get it

          • Terry says:

            Your wrong.
            They were not prosecuted.
            They were arrested.
            Get your bloody facts straight before you decry others dood.
            Shalom.

            • Grizz says:

              @Terry….seriously dude stop drinking. He did not say they were prosecuted he said that the DPP is the only one that can stop a prosecution, which he did. Yes, they were arrested but how do you think they got into court….charges were brought against them by the DPP….WHAT PART DON’T YOU UNDERSTAND?!

              • Terry says:

                You don’t understand the law.
                Period.
                If I arrest someone I don’t need the DPP to say yes.
                Get it right

                • NO MORE WAR says:

                  Terry, you are correct in that the police arrest and investigate. If the offence is serious the police seek approval of charges from the DPP. which obviously was done in the Edness case.

              • Truth is killin' me... says:

                Terry used to be a good policeman. Stop arguing with him Grizz. He knows the laws in Bermuda. Shalom!

            • NO MORE WAR says:

              Terry, once you enter a court room it becomes a DPP matter. Get your facts straight. You are misinforming people and have no clue at all.

  8. js says:

    Michael Scott is talking out of both sides of his mouth

    when he was AG he was in a position to ensure that Bermudians in the DPP’s office were receiving the necessary professional experience to ensure a succession to the top post was possible

    clearly receiving on island experience isn’t good enough as it is fraught with an attitude of who you know not what you know as well as sitting down quietly and looking good

    one look at Mr. Fields’ CV and you can see the multijurisdictional experience he has garnered over the decades and the clear reasons why the Governor would have picked him over any other local candidate

    Mr. Fields knows no one and has worked his way up through the professional trenches

    The PLP a decade ago should have had in place a secondment program with other DPP offices or even a stint with the European Court of Justice to try to give potential future applicants the breath of experience necessary to make them suitable for the post

    apart from that it is asking the Governor to lower standards for the post which thankfully he wont do as he is above small island politics and social drama

    • BETTTYTRUMP says:

      The plp did, however this decision is made by the Governor not the government or any MP. WE MUST BE INDEPENDENT TO GOVERN OUR COUNTRY OR APPIONT A DDP. GET IT RIGHT NOW….WILL YOU AND THE OTHERS LET GO OF MOTHERS COAT …….IF NOT LITTLE CAN BE DONE IN REGARDS TO THIS DECISION….

      • Creamy says:

        It’s the DPP thst should be independent.

        It’s better that it’s someone from overseas. It should be a person with no fear or favour here. He should be willing to prosecute anyone if needed. No one should be above the law.

        That’s why it should not be (and isn’t) a political appointment.

  9. Cranberry says:

    Has anyone asked Ms Clarke? Just sayin… Maybe she doesn’t want the job..?? Not every CFO/CIO/Coo wants to be the CEO…

    • Cleancut says:

      I’m sure with all the hype going on, if she didn’t want the job we would know by now. If the DPP doesn’t think she is capable of the job, he cannot give reasons to the media.

  10. Cranberry says:

    Oh and ‘BTW’ I’m Bermudian and I don’t think the “DPP Re-Appointment An “Insult To Bermudians”…’ So Mr Scott – who are all these Bermudians who are insulted ‘cos a Bermudian did not get a job..?? If we all went around being insulted every time someone didn’t get a job, we’d be a pretty sorry lot wouldn’t we..?? I mean more people don’t get jobs that they apply for than do get them..!!

    • Grizz says:

      @Cranberry, its not being insulted EVERYTIME someone doesn’t get the job. This job in particular was given to a non-Bermudian and when it was questioned we (the public) were told that a Bermudian would be groomed for the post. This is the fourth time an extension has been given…what’s the problem?

  11. Mutual Respect says:

    Interesting how the Premier is “disappointed” but the PLP are “outraged” or “slapped in the face”. Truly shows the extent of their emotional manipulation of voters.

  12. Cow Polly says:

    As I recall the DPPs office was a bit of a shambles before Mr Fields stepped in. Obviously he has sorted the place out and kudos to him. I think we should wait for Ms Clarke’s comments before we draw conclusions or ‘be insulted’ for her, may be as others have suggested, she doesn’t want the job or doesn’t feel ready yet.

  13. Scotty says:

    Best qualified for the job, plain and simple. Does Mr Scott not get the ‘untenable’? Congratulations on your re-appointment Mr Fields. The General Public does not know what goes on behind the scenes. Just because you are Bermudian and work in an assistant capacity, most certainly does not qualify you for a position.

    • watching says:

      If Ms Clarke is ‘untenable’ to be DPP then why is it ok for her to be the Deputy?

  14. Age Bees says:

    as a Bermudian, I am disappointed that there isn’t (or is there?) a qualified Bermudian to undertake this job, but the reality is, with a very small jurisdiction such as ours, we have all the laws and intricacies of a larger jurisdiction, but our prosecutors, who mostly just come straight back to Bermuda, don’t get the breadth of experience that you would practicing abroad. So I would like a Bermudian in the position of course, but only if that person has had a lot of appropriate experience, not only litigating, but running a department that is so important…kudos to Cindy Clarke for still working away. We don’t know the facts on who else applied…it could have been none…we have to stop getting crazy just because a Bermudian isn’t appointed. Let’s be honest, there are probably a number of Bermudians who are ‘qualified’ but aren’t suitable!

  15. serengeti says:

    I am a Bermudian and I am not in the slightest bit offended.
    I think the DPP position should be filled by the best possible person, which is what I think happened.

  16. Smart Gal says:

    Does anyone know who is on the Advisory Committee on Judicial and Legal Services?

    Does anyone know for certain that Ms Clarke is indeed qualified? And even whether she desires the post?

    What does it take to have the special qualifications for this post?
    If they are unique to the DPP post why is Bermuda or for that matter Bermudian legal personal not getting the credentials/experience overseas.

    How many Bermudians applied for the job? Why didn’t they get the post?
    We do have plenty of Bermuda legal talent if they are not applying for the post why not?

    Should the DPP really be a Bermudian considering how so many of us are cousins, neighbours etc? This is a very real problem for us – I was called up for Jury duty and every other person said no can’t serve, cousin, family inlaw, work with the guy etc..

  17. sebring says:

    all lawyers could have gotten experience abroad and come and apply for the job! simple ! not only that but in Bermuda the law is different for many involved ! example what explanation can be giving to all those driving pick ups with ha, hc license plates or suv with intermediate license plates ! those laws were made with the idea of providing work vehicles large enough for heavy loads but all I see is a group of people that had the 65000 plus to buy the permit ! so again Bermudian laws are interpreted differently depending on your net worth ! having a foreigner can and hopefully will continue to exclude favoritism when a person known is in trial ! just google some political names from both sides and the mud that comes out rises a lot of questions! so having said this maybe and hopefully all those unanswered questions about missing monies can soon be answered!

  18. Rhonnie aka BlueFamiliar says:

    As a Bermudian, I’m not insulted by the appointment, Mr. Field has done the job quite well up to now.

    Of course, it’s a disappointment that a Bermudian wasn’t chosen as it had seemed that Ms Clarke would be a very good choice. Which leads me to wonder what circumstances came to light that changed this perspective.

  19. SMH says:

    Michael just wants to be important for the day on this. Talk about taking out of both sides of your mouth!

  20. Alvin Williams says:

    When Bermuda decides that it is tried of paying more than a million & half dollars a year to finance Britain’s diplomatic presence in this country and gets tried of having a governor that can veto the national aspirations of Bermudians; than we would had matured as a country and join the forward movement of the rest of the world.

    • sebring says:

      I guess you must have some sort of suggestions as to how Bermuda can back up it’s currency to do away with the mother country ?do you suggest we use onions? and may that be our national currency really? sir I don’t know you but I am sure your background is from somewhere else and more you must be British before being Bermudian even if you are a born Bermudian !So stop beating the independence drums and take the blindfold off we are not now or have ever been a country we are nothing more than an extension of the mother country with out them we would be nothing more than a bigger ghetto !

    • Sickofantz says:

      Good luck with the Bermudian dollar being worth 10 cents to the US dollar and good luck with all these empty offices and even emptier stomachs. What’s your plan Alvin?

  21. Strike fund says:

    It’s a bigger insult to Bermudians when under qualified and inexperienced Bermudians are shoehorned into positions they are not ready for.

    This then creates a glass ceiling for upcoming more capable Bermudians (often leading to sabotage and protection of position) and a toxic work environment. Welcome to KEMH.

    • Terry says:

      21 square miles of family and friends.
      I rest my case.

  22. dit says:

    why all the stress?. don’t Bermudians hold prestigious jobs in other countries?. i bet you guys would praising a person who got a prestigious job somewhere out of Bermuda so please condemn people on their work and not their appointments

  23. Cafe Au Lait says:

    I am Bermudian and not insulted at all. Trust PLP to add D R A M A.

    Grasping at straws as usual.

    Don’t worry PLP, now you can do the famous death scene.

    Cos nobody wants to hear from you. Worse still, nobody needs to hear from you.

    R I P

  24. Dread says:

    I am Bermudian and I’m not insulted by Mr.Field’s appointment!

  25. North Shore says:

    Imop a Bermudian should not hold the position anyway, who is Cindy Clark anyway??

    • mixitup says:

      You sound ridiculous!

    • Self says:

      Who is Cindy Clarke? If you have to ask that then clearly you aren’t very bright.

      Stop trolling.

  26. best international candidate says:

    Dear Bermuda,

    Please don’t let this one go.

    Since their are no qualified locals hire someone from a Common law jurisdiction who is more qualified and a better team leader and Manager than Rory FIeld who can leave a real legacy and energise a properly trained and equipped DPP office at the end of his 3-5 year term

    Full time for Mr FIeld to leave as we have funded his 3rd Pension

    Ridiculous choice by Governor Ferguson, much better Canadian, UK and Irish talent out there since Deputy is not yet ready

  27. UK Silk says:

    Very sad that this so called experienced Prosecutor with all this global experience (on secondments I might add) is not talented enough to find a similar plum position in another offshore jurisdiction or back home, as the Brits say time to know when you are washed up and got no bottle left in you old son

    Amazing how Bermuda attracts these has been professionals all the time who can’t cut the mustard and be successful in a major city like London, Manchester or Birmingham yet all end up here as Key Workers and irreplaceable

    Please don’t let me endure the grant of Permanent Resident Certificate or Job Creator status to this Gentleman as he could not cut mustard at the CROWN PROSECUTIONS SERVICE (CPS) let alone all these secondments spoken of so fondly in his memoirs

  28. Lone Wolf says:

    I know Cindy Clarke and I know that she is indeed qualified and capable of holding the top position there. What I don’t know … and correct me if I am wrong but I don’t think anyone else commenting here knows either … is whether or not Cindy actually wanted the job?

    It may very well be that Cindy chose to stay as Deputy for another term due to whatever reasons? If that is the case then I don’t see anything wrong with what has happened.

    However, IF .. IF .. Cindy did apply for and wanted to take on the role as Director then I believe she should have been appointed to the top post because, as I said, she DOES have the qualifications necessary to hold that position AND she is a Bermudian.

    • Experience Matters says:

      It’s always better to have someone who has experience elsewhere, particularly larger jurisdictions.

  29. Navin Johnson says:

    If the current non Bermudian DPP is involved in the alleged corruption investigations of certain members of Government would it not be appropriate to have him continue

  30. Legal Eagle says:

    All these comments about Bdn/non-Bdn-+ whether Cindy’s'qualified/less’qualified’ distract from the issue! ‘The Gov said he didn’t appoint her as she is ‘untenable’-but without explaining how/why! Without that explanation, SHE could become the ‘best qualified’ DPP worldwide–but never ever get the job if SHE is ‘untenable’–which is quite different from ‘qualified’