The Police Complaints Authority (PCA) has defended its decision to drop the unresolved case of a lawyer who was wrongly accused of committing indecent exposure.

However, the complainant, Simon Farmer, said the decision showed the PCA needs to be given more power to hold the Police to account.

A year ago, the authority said a formal apology plus disciplinary action was needed from the Police over "glaring inadequacies" in the investigation.

Mr. Farmer was arrested and charged over an incident in November 2009 where a man was said to have peered in through a window at a residential complex in Paget while masturbating.

He pleaded not guilty and Magistrate Will Francis acquitted him on the basis that there was no case to answer. Three weeks later another man was arrested for a similar offence in Paget.

That man was subsequently charged and convicted over a string of sex offences, including the one Mr. Farmer was falsely accused of.

Mr. Farmer launched a Supreme Court action for malicious prosecution but this failed on the basis that malice, which is something which goes beyond negligence in the eyes of the law, was not proven.

The PCA also investigated his complaint and in October 2008 it recommended disciplinary measures over an "abuse of process" and "glaring inadequacies in the Police investigation". It also strongly recommended "an immediate formal apology be made" to Mr. Farmer for what he endured.

The apology never came, and Mr. Farmer, 53, has never been told of any disciplinary measures taken. Despite this, the PCA recently dropped his unresolved complaint, with Mr. Farmer telling this newspaper last week that he'd been left ""amazed, exasperated and completely unsatisfied" by the move.

Speaking out yesterday, PCA chairperson Michelle St. Jane said in a statement: "The Police Complaints members serving between 2004 to date have taken a personal and deep interest in Mr. Farmer's complaint and this includes current member the Worshipful Mr. W. Francis, then Magistrate in 2004 who heard his case and acquitted Mr. Farmer. The Police Complaints Authority has diligently pursued this complaint over the years between 2004 and 2009 and made a strong recommendation to The Bermuda Police Service."

It said it had organised a meeting between Mr. Farmer and the Police so he could view their new Promat identification procedure, since identification was an issue in his complaint. The PCA also said the Police service has conducted former reviews, there has been an "exhaustive" inquiry through the courts and the PCA had "followed up" its recommendations with the Police. On that basis, it said it resolved "with regret" that no further action should be taken.

Speaking yesterday, Mr. Francis said it was clear Mr. Farmer was not guilty, and his opinion as the magistrate in the case was that a more thorough investigation would have shown this.

Under the Police Complaints Authority Act, it has power to take action against the Commissioner of Police over unresolved complaints if it wishes to, by sending a report to the Minister of Public Safety and the Governor. It can even ask for the matter to be tabled in Parliament if it deems fit.

Asked why this was not done in the Farmer case, Mr. Francis replied: "We've never gone that far on anything. We've leaned pretty heavily on the Police to do something and sometimes we've even gone back and forth to them. As Ms St. Jane is saying (in the statement) we've made some pretty strong recommendations to the Police but they've not taken up on it."

Mr. Francis also explained: "Our powers are limited as to what we can actually force the Police to do. We do not have the powers of the court to make an order that the Police could obey."

Responding to the comments from the PCA, Mr. Farmer, who now lives back in his home country of England, said: "The Police say they have a policy that they don't make apologies, which is completely ridiculous and the legal system doesn't allow for any accountability. The PCA needs more powers to hold the Police accountable if they don't do their job, which they didn't in my case. There should be accountability but there really isn't."