Continued from Thursday's newspaper 5. Looking at the backgrounds of the 33 detective constables, it is blatantly clear that the majority have received NO TRAINING WHATSOEVER to assist them to perform their duties in support of criminal investigations in this country. Of those who have had the good fortune of a 2-week local investigation course, they can justly be viewed as a poor relation to their colleagues in the United Kingdom who would not be allowed to undertake the same duties without having successfully completed an initial detective course of 10 weeks and a demanding examination at its conclusion.

6. The Commission is strongly of the view that the training needs of officers performing duties in the Criminal Investigation Department must be vigorously and urgently addressed.

*** CONCLUSION The Commissioners appointed to this Commission of Inquiry are of the unanimous opinion that its commencement has been most timely in the ongoing devolvement of this wonderful country and the criminal justice system striving to support its fine reputation and the care of all persons within Bermuda.

Throughout the period of receiving evidence and opinion in public session, and the meetings held in private with victims of crime, there has been a noticeable and very welcome theme of trust in our endeavours to meet the demanding terms of reference. This attitude of openness has been tremendously rewarding and allowed for the enhanced value to our labours.

Inevitably, there has been some divergence of opinion when specific incidents and happenings have formed a part of the gathering of evidence. These have allowed for the greater expansion of many important issues to the overall benefit of the findings of this Commission.

This Report has identified many demanding issues requiring urgent attention by many agencies in Bermuda. It will now be apparent to the reader that the burden of responsibility does not fall solely with any one organisation and the way forward must be driven by a determined teamwork approach.

That said, the requirements of this Commission have led to the examination of procedures requiring a necessary overlap between all elements within the overall criminal justice system and this is reflected in its findings.

The process of the prosecution of serious criminal offences has demanded much attention and focus during extensive deliberations. It is clear that careful consideration will be required to bring about the changes identified within the recommendations of the Commission.

There is urgent need for a critical look at existing legislation. The Police and practising lawyers alike have expressed the need for further PACE type legislation to be passed into law here. The passage of the Police Complaints Authority Act 1998 represents only a beginning. The Police Amendment Act 1998, should be brought into force without delay.

The Police need to equip themselves to conduct tape recorded interviews under the provisions of the Act. The prosecution of offenders Bill 2000 needs to be passed into law also. We feel that with the passage of PACE legislation, all parties concerned will have much clearer guidance concerning their respective roles in those areas covered by PACE. So too with bail which is provided for in Part VI of the Prosecution of Offenders Bill 2000.

The professional gathering of evidence and the Police protocols needed for the successful investigation of serious criminal offences will require considerable change and implementation. Great effort and resource by the Commissioner and all staff throughout the Bermuda Police Service will be necessary. To succeed these efforts will require strong support and a clear commitment from the Government of Bermuda.

Understandably, much comment has been directed towards the Bermuda Police Service and this was fully anticipated by the Commission. However, the constant display of concern and often anger towards the attitudes of officers and their apparent lack of regard for procedures has been a worrying aspect throughout the evidence gathering process.

The research element was enhanced by lengthy visits to Police establishments and interviews with many operational Officers both uniform and plainclothes.

This reinforced to a considerable degree the observations from the witnesses who had made themselves available.

The disturbing aspects identified by this methodology left the Commission with a clear impression that an immediate need for a change to the culture of the service is highly desirable. The apparent condoning of bad attitudes and non-compliance with established policy identified a breakdown in the command structure which must be remedied in this disciplined Service.

There is, however, evidence of many officers being dedicated and enthusiastic towards their duties, particularly in the Criminal Investigation Department.

They clearly suffer considerable frustration with the lack of training, outdated equipment, and legislation which has not kept apace with other jurisdictions.

Elements requiring urgent attention relate to the investigation of serious crimes both violent and sexual and the out-dated methods currently employed in the major incident room. The need for advancement in terms of technical support is abundantly clear and must be addressed if credibility of the Service is not to be further diminished.

Over the past decade the advances in science and technology in the prevention and detection of crime have been substantial and sometimes startling. The Bermuda Police Service needs to work hard to develop a process necessary to move forward towards the now well established advances enjoyed in other jurisdictions.

The concerns of His Excellency the Governor and the Government of Bermuda to reduce the incidence of serious crime, put the police service under increasing scrutiny to satisfy not only the concerns of Government, but also those of the public that all possibilities for detecting offences and reducing serious crime are fully exploited.

Scientific methods including technical support need careful management and supervision if the integrity of evidence and confidence of public opinion is to be maintained.

Scientific and technical support can provide essential evidence and intelligence to facilitate effective investigations of both crimes and criminals. At the present time however, the findings of this Commission show quite clearly that science and technology are too seldom considered an intrinsic part of the investigative process. To raise the profile of scientific and technical support, the Commissioner will need to provide strong leadership and ensure that his senior detectives and scientific support manager have a role in setting the future strategies. Indeed, leadership throughout all levels of the service will be required to bring out full integration of scientific support into the investigative process. Teamwork will be essential.

The Bermuda Police Service needs to employ means to determine the value and cost of various investigative processes. This rigour when applied to scientific and technical support resourcing may well show that increased levels of activity could indeed lead to more effective investigation and ultimately to reductions in serious crime.

Processes for dealing with DNA sampling and subsequent identification have been found to be virtually extinct. The situation with fingerprint identifications is somewhat similar. The public deserves better. Justifiable expectations will not be met unless the Government recognises the criticisms of the way the Bermuda Police Service is empowered to handle the collection of DNA samples and fingerprints and the identification of suspects and innocent persons.

The lack of awareness across the service at all levels, regarding what scientific and technical support can deliver in terms of crime detection and reduction has been of major concern to the Commission. It can only be tackled by a systematic training needs analysis followed up by the appropriate training. Training at both the specialist level and at the level of the operational officer is crucial and fundamental to developing effective investigative techniques.

There are major logistical issues represented in this Report that require urgent attention but more importantly are the strategic issues of management, supervision and procedure that demand a high priority for action.

In the final analysis, it is considered that a firm and determined commitment to move the Bermuda Police Service forward through good qualities of leadership particularly at Commissioner and Senior Officer level is of paramount importance.

If this vision is to be achieved, Governmental support will be essential.

*** RECOMMENDATIONS The Commission recommends for action by the Attorney General that: 1. The widest possible consultation be undertaken with all of the relevant stakeholders, the DPP, the Bar Association, the Police, and relevant non Government organisations, to determine whether, in the light of the ruling of the Privy Council in Justis Raham Smith v The Queen Privy Council Appeal No.

44 of 1999, there ought to be an amendment to Section 17(2) of the Court of Appeal Act 1964 of Bermuda, so as to permit an appeal by the Director of Public Prosecutions from the ruling of a Judge of the Supreme Court, on a question of mixed law and fact, that at the close of the prosecution's case, there was no case to answer.

2. Urgent attention be given to the passage of PACE legislation suitable to the needs of Bermuda.

3. A comprehensive review of salaries and conditions applicable to the higher and lower judiciary, the law officers of the Crown and to all officers in the public sector where admission to the Bar is required.

4. A modern computerised system of Court Reporting be introduced.

5. All personnel concerned be trained in the use of the latest Information Technology equipment.

The Commission recommends for action by the Director of Public prosecutions that: 1. PACE legislation be brought into force as a matter of urgency.

2. There be continuing legal education of the DPP and his officers.

3. Protocols be established for the grant of immunity and for arrangements between Prosecution and Defence Counsel for the disposition of serious offences.

4. Victims and their families be kept informed of the progress of cases in which they are involved.

5. Where necessary, experienced QC be retained upon an ad hoc basis to conduct the prosecution where specialised knowledge or experience is required.

6. The DPP and his officers establish and maintain closer working relationships with senior members of the Police Service.

7. The Prosecution of Offenders Bill 2000 be passed into law as a matter of urgency.

8. There be an audit of recommendations made by previous Commissions and that outstanding recommendations which have been accepted be implemented.

9. The decisions regarding the prosecution of serious violent offences be made by the DPP or his authorised officers.

10. Victims of serious crimes or their families be allowed to give information to prosecution counsel which he or she may use to address the Court at time of sentence.

11. The DPP recruit the ablest prosecutors available, personally assign officers to the conduct of prosecutions, deploying the team best suited to deal with each particular case.

*** The Commission recommends for action by the Commissioner of Police that: 1. The families and victims of serious offences be kept fully informed of the progress of cases in which they are involved.

2. A purpose built facility be constructed for the conduct of ID Parades: 3. A case be submitted to the Honourable Attorney General and to the Director of Public Prosecutions for the passage of such PACE legislation as would meet the current needs of the BPS.

4. The Training Department be examined and its existing programmes and practices evaluated.

5. A critical assessment be made of the Training needs of the CID.

6. Appropriate training programmes be designed for CID officers at all levels.

7. Additional specialised overseas training be arranged for the members of the CID.

8. Appropriate programmes of training be arranged with all convenient speed for officers who have no training or no CID related training.

9. The latest edition of the ACPO Aide Memoire for SIO be acquired, adapted for use in Bermuda and put into service with all convenient speed.

10. Modified versions of The Aide Memoire for SIO be prepared for subordinate ranks and put into service with all convenient speed.

11. The latest edition of the ACPO Murder Investigation Manual be acquired, modified for use in Bermuda and pressed into service with all convenient speed.

12. Family Liaison Offices be identified and trained to work very closely with and support the victims of serious crimes and their families.

13. The latest manuals available establishing protocols for crime scene management be acquired, and adapted to the needs of Bermuda and pressed into service with all convenient speed.

14. Up-to-date protocols be established for securing and protecting a crime scene.

15. Up-to-date protocols be established for the avoidance of contamination of a crime scene.

16. Up-to-date protocols be established for the avoidance or destruction of vital evidence at a crime scene.

17. Up-to-date protocols be established for the collection of evidence for DNA analysis.

18. All obsolete pieces of equipment in the crime scene laboratory be replaced with the latest available equipment.

19. Arrangements be pursued for the results of DNA analysis to be completed within 28 days.

20. Exercises be conducted upon a regular structured, and on going basis by the officers of the National Intelligence Department.

21. The public order equipment presently in storage be used regularly for the conduct of training in crowd and public disorder control.

Judge Stephen Tumim: The Commissioners said the island needed to address the issues previously identified in the Grundy, Tumim, and Gale inspection reports. These have identified some essential operational requirements which, when looked at today, have yet to be actioned.

MURDER MUR CRIME CRM