I wanted Clarke for DPP — former prosecutor
A former prosecutor who supported Bermudian Cindy Clarke as the successor to Director of Public Prosecutions Rory Field said the stand cost her her job.
Susan Mulligan, now with law firm Christopher’s, stands by her decision and vowed to fight with the defence bar against unconstitutional laws.
“Back in 2013, most Bermudians are aware there was an issue with the reappointment of Mr Field,” Ms Mulligan said.
“At that time, I took a position supporting Ms Clarke for the post because I felt she had earned it, she was capable of doing it and was Bermudian.
“She wasn’t appointed and ultimately, after a series of issues related to that, my contract expired and there was no effort to renew it.
“The good thing that has come out of it is I can now probably contribute more to Bermudians and more to the development of the law and the respect for civil liberties and equality by training Bermudians on the defence side to bring constitutional challenges, to move forward with human rights legislation and law.
“That’s what I’m looking forward to do here, bringing applications myself and working with the defence bar to bring those applications.”
Prior to coming to the Island, Ms Mulligan worked for 16 years as a defence lawyer and later a special prosecutor, focusing on cases of large fraud and organised crime in her native Canada.
She decided to apply for a post with the DPP for an “adventure”, and said she enjoyed working with her colleagues in the Department and the Bermuda Police Service.
Asked if there was anything she thought could be changed to improve the department, she said that additional resources would be a benefit.
“They are working very hard, and the Crown work long hours outside of the office and on weekends,” she said. “Obviously if they had more resources and more Crowns, they would be able to be a little less stressed and able to focus more on preparation for each case.”
Ms Mulligan said the position at Christopher’s was a natural fit as Elizabeth Christopher was looking for someone to help train junior counsel on constitutional law.
“Canada’s constitution is very similar to Bermuda’s, and I have vast experience bringing applications under the constitution,” Ms Mulligan said.
“The constitution is the supreme law of Bermuda and it recognises individual rights.
“Not all of our pieces of legislation are in compliance with those rights that are recognised in the constitution, so challenges need to be made.
“Certainly any laws that promote inequality between Bermudians, whether it be on the basis of race, sexual orientation or age, any laws that aren’t in compliance with the constitution should be challenged. Any laws that allow for a person to be arrested arbitrarily and detained in my view should be challenged. Laws that permit people to be convicted of offences even though they may not have intended to commit them need to be challenged. It will be for the courts to decide whether those laws are appropriate or if they should be struck down and we’ll need to come up with another set of laws.”
While she said it might seem odd for a lawyer to go from the prosecution side to the defence, the two sides both share the common interest of justice.
“A prosecutor should never be going to court solely to get a conviction, and should only be concerned with ensuring there’s a fair trial.
“The defence lawyer should be concerned that the defendant has a fair trial too.
“It’s different in that as a Crown you serve the public and as a defence lawyer the only interest you should be serving is your client’s, of course doing it properly and within the limits of the law. It’s a different mindset, but the bottom line is no one wants to see anyone wrongly convicted.”
“Ms Christopher and I fought some tough trials, but I think through that experience we gained a good deal of respect for one another.
“There’s a way to prosecute that’s fair and responsible, and I think Ms Christopher felt that I was one of those prosecutors.
“There’s a way to defend too — fairly, properly but pushing as hard as you possibly can for your client — and I felt that about Ms Christopher.
“I think we will be able to make some meaningful changes in the laws and challenge some laws that need to be challenged.”
Former prosecutor Susan Mulligan has voiced concerns about the hiring of British lawyer Alan Richards by the Department of Public Prosecutions.
While Mr Richards was hired as a consultant, lawyers have noted that he appears to be carrying out work usually done by Crown counsel.
Ms Mulligan, a Canadian national who recently left the Department after her contract was not renewed, said: “It’s a concern not for any petty reason. It’s a concern because there are Bermudians, highly qualified Bermudians looking for work in our courts, in our justice system, who cannot find it.
“If this consultant is going to be doing Crown counsel work, there are people here who are capable of doing that. I don’t know how he got the job, I don’t know if it was advertised, and that would also be a concern.”
Echoing concerns voiced last week by defence lawyer Elizabeth Christopher, Ms Mulligan questioned Mr Richards’ recent secondment to the Department as a consultant.
“A consultant, the way I see it, is usually someone very senior with very specialised skills,” Ms Mulligan said. “I don’t know that to be the case here.
“Secondly, the work I have seen the consultant doing is regular plea court work including taking pleas on dog licencing cases and showing up to set dates, showing up for bail matters. Those aren’t things that require a consultant. That’s Crown counsel work and I question if it shouldn’t be done by a Crown counsel.
“I also query, he was called to a bar presumably under the ground that allows Crown to be called without having spent 12 months here and meeting other requirements. If he’s not a Crown counsel, I question how he was called under those provisions, and how is he appearing in court.”
