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Commissioner Jackson: US Secret Service examining seized documents

Commissioner of Police George Jackson, leaves the Privy Council, 9 Downing Street, London yesterday.

The United States Secret Service is examining documents seized during a Police investigation into how the BHC files got leaked to the media.

It has already been reported that the master copy of the dossier detailing the probe into alleged corruption has gone missing.

Yesterday's Privy Council hearing heard from Police Commissioner George Jackson that 246 documents appearing to be the source for media stories were recovered from a utility room at Cavendish Apartments, Devonshire, on June 11.

These are now being examined in America by the Secret Service, as are copies of BHC inquiry documents handed over to detectives by the Auditor General's wife after his arrest in June.

In testimony to the Supreme Court in June – which The Royal Gazette has previously been unable to detail for legal reasons — Mr. Jackson explained that around 15 Police staff were directly involved into the two year probe into alleged corruption at the BHC.

Of these, he said it was unlikely that more than four had access to the segment of the investigation that found its way to the media.

Mr. Jackson further outlined how nine containers of files were deposited at the conclusion of the investigation at AF Smith Central Filing Services in Paget in April 2006. He told the court some "sensitive files" – the documents upon which he believes the media articles were based — were stored prior to this by a former Police officer who has since left Bermuda.

The files, stored by the officer in a safe in offices in Burnaby Street, Hamilton in preparation for being sent to AF Smith, were the investigating officers' working papers including policy decisions and intelligence documents, Mr. Jackson claimed.

"The sensitive files were not subsequently deposited by the Police at AF Smith Central Filing. It is unknown where they are currently located," he told the Supreme Court in a sworn statement on June 12.

He said that on June 11 the Police recovered documents believed to be photocopies of the original documents which were maintained and stored by the former Police officer.

"After an initial examination of these documents, I am of the belief that they or copies of them are the documents from which the various articles in the media have been sourced," said Mr. Jackson.

"I am also of the belief that the information circulated by the defendants (the media organisations) together or collectively was not reproduced in its entirety in any place outside the sensitive files.

"We are vigorously pursuing lines of inquiry to establish the source of these documents. We believe the original documents continue to be unlawfully held by an unknown source."

Mr. Jackson told the court a senior Police officer interviewed Auditor General Larry Dennis on June 1.

Mr. Dennis confirmed he was in possession of Police documents relating to the investigation as reported in the Mid-Ocean news article.

Mr. Dennis suggested these were copies of original documents, and said he believed there were several copies in existence.

Delroy Duncan, lawyer for the Police Commissioner and Attorney General, told Supreme Court an international investigation had been launched into how the original documents went missing and where copies were made.

In an update on the investigation given to the Privy Council through an additional statement sworn on October 22, Mr. Jackson revealed that 246 documents appearing to be the source of the media stories had been found at the apartments in Cavendish Close, Devonshire.

"These documents were found by a resident of the apartments who alerted the Police to their presence. They were in a banker's box, found in a communal utility room at the complex," said Mr. Jackson.

"No arrests have been made in connection with the recovery of the documents from the Cavendish Apartments. On June 13 2007 they were sent by the Bermuda Police Service for forensic examination to the United States Secret Service Headquarters in Washington DC."

Analysis to detect the type of photocopy machine and fingerprint examinations are being carried out, he said, with the final results still awaited.

Mr. Jackson's affidavit presented to the Privy Council said Mr. Dennis's Victoria Street office was searched by Police on June 18 after the interview outlined in his earlier testimony. Detectives recovered a manila folder containing 77 photocopy documents relating to the BHC inquiry and Mr. Dennis was arrested in connection with his possession of these copies.

As a result of further inquiries, his wife Nancy Dennis attended the Victoria Street Office later that day and handed 1,597 copy documents relating to the BHC inquiry to the Police, said Mr. Jackson.

These, too, have been sent to the US Secret Service for analysis.

"Preliminary results have indicated that some of the colour documents in the manila folder were produced from the same copying machine as the colour documents that were recovered from the Cavendish Apartments," said Mr. Jackson, noting that the US Secret Service was still working on the final results.

Mr. Dennis remains on Police bail until December 4. Two other people have also been arrested by Police in connection with the leak.

Mr. Jackson did not name them in his statement, but said one has been released from bail and the other remains on bail until November 28.

"A number of other persons are under investigation. English police officers from Kent Police have been brought in to conduct a review of the inquiry. However, as yet no charges have been brought," Mr. Jackson told the court.