Reforms to corruption laws unlikely
Attorney General Larry Mussenden has indicated that the type of anti-corruption legislation called for by top prosecutors in the light of the Terrence Smith case is not on the cards at present.
He has also said that further cross-Ministry work is needed before a decision on whether to introduce ?whistleblower? legislation to protect those who inform the authorities about fraud.
Smith, a Bermuda Housing Corporation worker who defrauded the Corporation of more than $1.2 million, was convicted on March 29. Consultant to the Department of Public Prosecutions Kulandra Ratneser told that others might have been charged over the scandal if Bermuda?s Criminal Code had more modern anti-corruption legislation of the type found in most Western countries.
Following previous comments about this by Mr. Ratneser in 2004 ? which were echoed by the Police and later by Auditor General Larry Dennis ? Premier Alex Scott pledged to update the 100-year-old laws relevant to the BHC saga.
Mr. Dennis has also in the past backed the enactment of ?whistleblower legislation? to protect those who inform the authorities about suspected fraud. The United Bermuda party has called for the enactment of both anti-corruption and whistleblower legislation. put a number of questions to Sen. Mussenden through the Department of Communication and Information about these issues ahead of the conclusion of the Smith case, but received no response.
In answer to a further call from this newspaper yesterday, that Department released a statement from the Attorney General which he had apparently prepared in response late last month.
In it, he said: ?The Government has recognised that our criminal law is in need of reform. This has been highlighted in the Justice System Review Report 2004 and by other recommendations.?
Sen. Mussenden cited a number of criminal law reforms embarked on by the Government. These include the Police and Criminal Evidence Act legislation that rewrites Police procedure, plus amendments to the law regarding violence at sports grounds, drugs, and bladed weapons.
The Attorney General also pointed to the Criminal Code Amendment Number Two Act 2005 which, among other things, modernises the law on theft and covers all modern forms of stealing.
?This came into force on April 1, although it does not encompass the type of anti-corruption measures spoken of by Mr. Ratneser and Mr. Dennis.
He said that he and his his team are now working on items such as a programme to divert first time offenders away from the criminal justice system and electronic tagging for convicts.
However, of the type of legislation spoken of by the Consultant to the DPP and the Auditor General, he said: ?Last year the House debated a motion on whether Bermuda required more anti-corruption legislation similar to that which exists in other countries.
?The Government argued that the internationally recognised institutions that by their presence in a modern democracy combat corruption, were already present in Bermuda; such as a high standard of living, a free press, an effective judiciary and justice system and proper reporting.?
He added: ?In relation to whistle blowing a number of controls are already in place and further cross-Ministry work is required before a definitive position can be reached on whether there is a need for such legislation.
?In summary, criminal law reform requires considerable work and resources. It is a continuous exercise and the Government is committed to ensuring that we have in place law that is both current and relevant.
?The Government has enacted a raft of criminal law legislation over the last few years and the same brisk pace of reform will continue.?
