Police Commissioner Michael DeSilva has launched legal action against three officers who have been off sick for years, but won't let him see their medical records.

One of those named on the writ is his ex-wife, Constable Susann DeSilva. The others are Sergeant Eulene Nurse and Constable Dayna Sampson.

The Royal Gazette understands the officers have all spent more than two years on medical leave, although one has now returned to work.

"It has to do with the officers being requested their medical records by the Commissioner and they have refused to offer those records," explained a source. "They have been off sick for quite some time."

According to The Royal Gazette archives, PC DeSilva has served within the Bermuda Police Service for at least seven years. Sgt. Nurse has been with the service for around 12 years, mainly working in the east of the Island.

The legal action was filed with the Supreme Court on August 20. The Commissioner is being represented by the Attorney General's Chambers, but there are no lawyers listed for the defendants.

Mr. DeSilva declined to discuss the case, stating: "This remains an internal matter, despite the writ being filed, and as such I am not able to comment."

It's the second time he has engaged in a legal clash with his officers in the space of three months.

In June, five policemen from the Caribbean won their fight to keep their jobs after Mr. DeSilva terminated their employment just two days before they reached ten years of service.

Supreme Court heard the move was part of a new policy under the Commissioner, who took over in December 2009, and decided that previous disciplinary issues and negative reports should be taken into account when deciding whether to keep officers on.

Mr. DeSilva's decision was said to be based on concerns about the way the five officers were performing in their jobs.

However, Puisne Judge Ian Kawaley ruled that the Police Service should keep the officers on.

He said there was no evidence their conduct or job performance had been so deficient that it justified not renewing their contracts.

Neither, he said, was there any other identifiable factor to demonstrate that terminating them was in the public interest.

He awarded the officers the costs of the case, which The Royal Gazette understands were around $20,000.

Asked about the latest court action, Acting Detective Sergeant Carl Neblett of the Police Association (BPA), which represents the interests of officers, said: "As far as the BPA is aware, this is a civil matter between the Commissioner of Police and the plaintiffs.

"The Bermuda Police Association is not involved in this upcoming case in any way. Two of the officers involved in this upcoming case have not notified or approached the BPA and we do not know who their respective lawyers are."

The Royal Gazette was unable to reach the officers in question for comment.

Governor Sir Richard Gozney said he was not sufficiently familiar with the case to be able to comment until he's had chance to get an update from the Police leadership.

A spokeswoman for Minister of Labour, Home Affairs and Public Safety David Burch said: "The Minister has declined comment as it would be inappropriate to publicly discuss a matter which is anticipated to be before the courts."

Shadow Minister Michael Dunkley said it would be inappropriate for him to comment when it is an internal matter and he does not know the facts.

However, he said he is glad steps have been taken to address the issue.

"I think to ensure the Police has a good working relationship between all the ranks I think people need to be open and communicate," he said.

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