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Pressure mounts for corruption law to be modernised

Fresh calls have been made for the law on official corruption to be modernised, after news that a relevant section of legislation has apparently resulted in just one conviction in 99 years.

As previously reported in , former Transport Control Department clerk Kishi Trott was jailed for a year on Friday after taking cash bribes in exchange for handing licences to unqualified drivers.

Crown Counsel Cindy Clarke told the court it was the first conviction for official corruption under section 111 of the Criminal Code Act 1907 since records began in 1936. The section deals with those in public office who take bribes in exchange for favours.

?Official corruption strikes at the health of society, and unless strongly deterred has a ready capacity to spread,? she said in court.

Chief Justice Richard Ground appeared surprised when informed this was the first conviction under section 111 and commented that the maximum penalty for the offence of three years imprisonment appeared low, given its serious nature.

In answer to questions from on why this appeared to be the first conviction, former Acting Director of Public Prosecutions Kulandra Ratneser said the wording of the law made it hard to prove charges against corrupt officials.

He said the crime of official corruption does not have a ?victim? since both people involved benefit from the favour and are therefore unlikely to confess to involvement.

?That?s the reason why you don?t find cases being brought to court easily. It?s a unique type of offence where you don?t have a victim and both parties are guilty,? said Mr. Ratneser, who now works as Senior Consultant Counsel to the Attorney General.

?In many parts of the world the law is that if you are seen to have received money when you are a public servant it?s deemed it was received corruptly unless you can come up with a reason otherwise.?

Mr. Ratneser has previously said that if Bermuda had more modern laws of this type, others might have faced charges over the Bermuda Housing Corporation scandal which saw Terrence Smith jailed for fraud earlier this year. His comments were later echoed by both the Auditor General Larry Dennis and the Police, but Attorney General Larry Mussenden signalled in April that a move to change this aspect of the law is unlikely at present.

?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 said. Minister of Labour and Home Affairs Randy Horton has, however, indicated that a law to protect staff who highlight fraud and corruption ? so-called ?whistleblower? legislation ? is on the cards in future.

Speaking in the light of the Trott case, Opposition House Leader John Barritt called for both whistleblower and anti corruption legislation to be tabled. ?In the light of what Mr. Ratneser and Mr. Dennis had to say, this ought to be done as a matter of course,? he said.

Shadow Attorney General Trevor Moniz said he did not accept that the wording of the law made it hard to secure a conviction, and said he felt there was a lack of desire on the part of Government to tackle the issue. ?If there was any will to do it, it would have been done five years ago,? he said. was unsuccessful in attempts to reach Mr. Mussenden for comment.