'No convincing argument' for a Royal Commission into Regiment allegations, says Governor
Governor Sir Richard Gozney has said he sees "no convincing argument" for a Royal Commission into allegations of sexual misconduct at Warwick Camp.
Sir Richard was responding to calls from Opposition Senate Leader Michael Dunkley and anti-conscription campaigner Larry Marshall for a full-scale public inquiry into 14 claims of sexual assault and harassment uncovered by The Royal Gazette.
"From what I have heard and read there were complaints and allegations about certain behaviour at the Regiment in the years before 2002," he said yesterday. "They were investigated by the Regiment at the time, and referred to the Bermuda Police Service when necessary. Clearly no evidence of criminal action sufficient to support a prosecution was found.
"As far as I am aware no comparable complaints and allegations have been made about behaviour at the Regiment by those in authority there since 2002. That is why I do not support an outside investigation now into activity at the Regiment."
Meanwhile, Bermuda Regiment commanding officer (CO) Lieutenant Colonel Brian Gonsalves yesterday made a plea for conscripts to continue to "fulfil their obligations under the law".
He asked the public and media, in a written statement, to remember that the sexual misconduct claims involving male soldiers and the issue of conscription were "legally unrelated".
"It must be very clearly understood that the Defence Act 1965 as it currently stands, like any other Act of Parliament, is the current state of the law and must be obeyed, regardless of personal sentiments or preference," said the CO.
"We would therefore ask all those who are currently required or called up to serve to fulfil their obligations under the law until such time as it may or may not be changed.
"Again, as commanding officer I wish to reassure the public that should any such allegations be brought to my attention they will be thoroughly investigated and where necessary referred to the Bermuda Police Service."
Mr. Marshall, from Bermudians Against the Draft, has claimed that sexual abuse of soldiers is more prevalent in conscripted armies.
He said the young men allegedly attacked at Warwick Camp between 1989 and 2002 were unable to walk away from the environment in which they claimed to have been abused — as they were bound by law to be there and faced severe consequences for not fulfilling their regimental duty.
Serving Regiment soldiers are also prevented from speaking publicly about Regiment matters. Lt. Col. Gonsalves said in his statement that standing order number 82 prohibited soldiers from communicating any information or view about the Regiment to the public without his approval.
The order states that a soldier with a grievance must request an interview with his company commander and "under no circumstances is he to communicate his complaint or grievance to the public anonymously or otherwise".
Lt. Col. Gonsalves said: "Furthermore, while the Constitution of Bermuda 1968, protects freedom of expression, it also expressly allows that freedom to be legally restricted at times as may be reasonably required in the interest of defence, public safety and public order, and to regulate telephony, telegraphy, posts, wireless broadcasting, television or other means of communication."
He also said the law did not prevent soldiers and officers seeking assistance from other external official bodies, such as the Police or the Human Rights Commission, for non-military matters.
The CO, who took control of the Regiment in May, said he had not received any allegations since then of "sexual abuse or harassment involving two or more serving members of the Bermuda Regiment".
Lt. Col. Gonsalves, who previously told this newspaper that the public did not need to know how many sexual misconduct accusations had been made in the Regiment's history, said he was prevented under the Constitution from disclosing anything further in order to protect those involved, be they alleged victims or perpetrators.
The commanding officer also commented on the 20-year-old private who spoke out this week about being allegedly attacked ten times in a non-military setting by a former Regiment officer — a matter under investigation by Police.
"We understand that the alleged incident occurred within the last ten months, but that it did not take place within Warwick Camp or any area being used at the time by the Regiment," said Lt. Col. Gonsalves.
He added the alleged perpetrator is a civilian and no longer involved with the Regiment.
The CO continued: "This current incident is not a Regiment matter but we support the claimant's efforts to correctly seek redress through the Bermuda Police Service, as he is legally entitled."