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Roban claims Premier ‘hiding’ information

Police and protesters clash outside the House of Assembly on December 2 (Photograph by Akil Simmons)

Shadow national security minister Walter Roban alleged yesterday that Michael Dunkley was “hiding” information about his knowledge of the police’s plan for dealing with protesters on December 2.

The Opposition MP claimed fresh information shared by the Premier during parliamentary questions on Friday about his conversations with senior police contradicted earlier answers he gave the media.

“What is the Premier hiding?” asked Mr Roban. “Why won’t he fully disclose who he spoke with in the BPS [on December 2] and what the substance of those conversations was?”

Mr Dunkley told MPs on Friday that “no tactical options were discussed by myself with members of the Bermuda Police Service on December 1 or December 2 regarding the protests at the House of Assembly”.

Two days earlier, Michael DeSilva, the Commissioner of Police, told a press conference he did not tell Mr Dunkley on Friday, December 2 about any planned “tactics” before officers in riot helmets used pepper spray on protesters outside Parliament.

“There was no discussion between myself and the Premier about tactics, there was no directions given, no directions received,” said Mr DeSilva. “And the reason for that, quite frankly, is because the police work independently of the Government in that regard.”

He added that though he did speak to Mr Dunkley that day, discussion about the use of pepper spray and riot helmets “wouldn’t have worked itself into the conversation and it didn’t”.

Mr Roban said: “The PLP has no issue with the commissioner’s comments.”

He added: “The PLP’s statements have been consistent. We have, from the start, repeatedly asked the question of who in authority knew and we will continue to ask for this information.”

The MP repeated his party’s call for “vital information” to be made public about who “in authority” outside of the BPS knew in advance how the police planned to deal with demonstrators. Mr Roban said Mr Dunkley was asked several times at a December 6 press conference about conversations with the commissioner and others and the answers he gave to reporters contradicted his remarks in the House on Friday.

“[At the press conference] he denied speaking with the commissioner,” alleged Mr Roban. “We learnt, in Parliament, that he did speak with the commissioner and possibly the deputy commissioner.

“In fact, he says that several discussions with officers took place; so many that he can’t be certain as to who he spoke with [and] that he has to examine his phone records to determine the identity. He avoided this disclosure during his December press conference and the question is why?”

Footage of the entire December 6 press conference is available on The Royal Gazette’s website and on YouTube.

The questions and responses on this issue were:

Q: What conversations did you have with the police commissioner on Thursday night and during Friday?

Premier: “I had no conversation with the commissioner on Thursday night. The police operations, as the commissioner has said on at least two occasions since that time are at the remit of the police. This government has never been involved in police operations.”

Q: So you weren’t told before pepper spray was used?

Premier: “I was not informed of police operations. And we don’t get involved.”

Q: Was there any point [that you were told] before [pepper spray was used at]1.15[pm]?

Premier: “We don’t get involved in the police operations.”

Q: Was it frustrating for you as Premier not to have a dialogue with the commissioner over such an important decision and would you like your Minister of National Security to have been involved?

Premier: “At this time we are reflecting back on the responsibilities under our constitution and the way we govern ourselves. I’ve been very clear since the time I was Minister of National Security what my responsibility is.

“I have never questioned the commissioner in advance of what he’s going to do. We were assured that the access would be allowed to the House. That didn’t work.”

Q: When did you first learn about the possible use of force by the police?

Premier: “Police operations are at the remit of the commissioner and his team.”

Q: If you’d been asked, could you have intervened in some way?

Premier: “Until we change the structure of responsibility in Bermuda, it’s going to be very difficult to pick, choose and refuse when you want to be involved.”

On Friday, Mr Dunkley said he’d had a “few conversations” with members of the BPS on December 2 and attended a meeting with them at Government House at 3pm, after the most violent clashes between police and protesters.

He said he was reviewing his call log to determine who exactly he had spoken to and would “revert” once that was done.

Mr Roban detailed yesterday why the Opposition was dissatisfied with the inquiries under way into December 2, including one being conducted at the request of the Governor by a senior police officer from the United Kingdom.

He said in an e-mail that what was needed was “appointed, independent, experienced investigator(s) with full and complete access to the evidence” and that wasn’t in place.

Mr Roban said: “The [UK] peer review is limited to the police response to the December 2 events. The UK peer reviewer has not been asked to conduct an investigation. In addition, the Governor has not assured the public that the review will be made public.”

He said a separate review by the independent Police Complaints Authority into 26 complaints about police behaviour could not be termed an “investigation” as the authority had no investigators of its own.

“It is the BPS who complete the investigation and report their findings to the PCA,” said Mr Roban.

“While the PCA’s overview can be considered independent, their role does not meet the test for an independent investigation.”

Acting Governor Ginny Ferson told this newspaper the UK officer “has visited Bermuda and his report will be submitted as expeditiously as possible”.

The PCA’s review, meanwhile, is likely to be completed by the end of March, according to its chairman.

Jeffrey Elkinson said members had already met to discuss the grievances and scrutinise video footage of the scenes that unfolded outside Sessions House.

He said another meeting for members was likely to take place later this month or early next month.

The authority’s findings on whether there was any “misconduct, neglect of duty or negligent performance” by officers would soon follow, he said.

“We are investigating the complaints made by members of the public that there were individual breaches of police discipline,” he said.

Mr Dunkley was returning to Bermuda from the UK yesterday and it wasn’t possible to reach him for comment.