Court Case Creates Conflict Of Interest For Gibraltar's Attorney General

by Robin Pilgrim, LawAndTax-News.com, London

03 June 2005

A dispute between the Ministry of Defence and residents of military properties in Gibraltar has raised questions over the constitutional position of the Rock's Attorney General, Ricky Rhoda.

The Attorney General has traditionally acted as advisor to the Gibraltar government as well as to the Governor on UK interests in the jurisdiction, in addition to acting as the director of public prosecutions. However, a complex situation has recently arisen whereby Mr Rhoda could, theoretically, end up opposing himself.

A lawsuit has been filed in the AG's name against a number of residents in military properties, as the MoD wants to repossess the houses, and has argued that they are trespassing. However, the Gibraltar government could end up being drawn into the argument as a result of an agreement with the MoD over the rehousing of the tenants.

Although lawyers for the tenants have argued that this would create a conflict of interest as he would be both pursuing and defending the case, Mr Rhoda has sought to distance himself from the suggestion that he is obliged to represent the British government in every instance.

"That argument will not run in my name and I have made that clear," he stated this week, according to the Gibraltar Chronicle.

The case, and its constitutional implications, will be further examined in July.

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