MPs back PACE; Moniz unimpressed by guards who chased after escapee
Shadow Attorney General Trevor Moniz yesterday said if he was younger and had his running shoes on he could have done a better job stopping Facebook fugitive Alvone Maybury running away.
Mr. Moniz said he watched as prison officers quickly gave up the chase after Maybury on Parliament Street on Tuesday morning.
He said rules are needed to ensure officers do their job properly so that new legislation such as the Police and Criminal Evidence Act (PACE) can have a serious effect.
However, Mr. Moniz gave the United Bermuda Party's backing to amendments to PACE which mean Police can keep suspects in custody for up to 42 hours as they wait for results from forensic tests and expert opinions.
"It all hangs on the ability of the Police to do their job," he told the House of Assembly.
Referring to Maybury's escape, he said: "In my younger days, if I had my running shoes on, I could do a little bit better than the prison officers did. I think they made it as far as the first corner.
"There were two officers. They weren't holding the prisoner. He made a break for it. He was young and he was fast so he was off."
He said on another occasion he was out with Home Affairs Minister David Burch when they saw an average-sized woman in plain clothes "taking a very large gentleman up the street".
"Of course, he started going somewhat faster than her and ambling away," said Mr. Moniz.
"On that occasion, by the time the gentleman had crossed the street there were three Police cars which cornered the gentleman."
Mr. Moniz questioned how somebody could have decided the woman was the right person to look after that suspect.
Referring to PACE legislation, he said: "Unless this is joined together with the enforcement of individual responsibility and accountability under the system, none of it is going to work effectively."
The Bermuda Democratic Alliance also backed the bill, but MP Shawn Crockwell said he had heard of some officers who detain individuals without the necessary evidence.
Mr. Crockwell said there needed to be consequences if people were detained incorrectly.
Cabinet Minister Michael Scott opened the debate on the Police and Criminal Evidence Amendment (No. 2) Act, which was approved by MPs.
Mr. Scott, who speaks on Justice in the House for Government, said the bill:
• allows Police to deny bail to suspects as young as 16, as opposed to 18;
• increases the length of time a suspect can be held in Police custody from 24 to 42 hours;
• extends the period of continued detention for people arrested for indictable offences from 36 to 54 hours;
• lets high ranking officers extend that period to 66 hours;
• allows top officers to extend the period up to 96 hours if they can't get special permission from the courts due to it being weekends or public holidays.
Mr. Scott said: "It is clearly unfavourable to have instances where forensic tests are finally completed, and are suggestive of guilt, but accused persons have been released while awaiting the conclusion of such tests.
"It is easy to imagine the challenge the Bermuda Police Service will then face having to relocate and rearrest suspected persons."
He explained that suspects would initially be able to be held for six hours with further "tranches of 12 hours". The time was needed, he said, because of the Island's location and how long it takes to get forensic results.
The Minister pointed to a raft of other alterations to help the adoption of PACE run smoothly.
"I am confident that the amendments contained in the bill will improve the fundamental operation and function of PACE, and will help to ensure that the powers contained therein, continue to be effective and responsive to the changing conditions of criminal behaviour and policing in Bermuda," he said.
Mr. Scott said he was pleased both opposition parties were embracing the amendments, which were intended to "tropicalise" the UK's PACE law for Bermuda.
He said a balance needed to be struck so that both the responsibilities of PACE and civil liberties were observed.
The Minister said he believed there were around 16 murder investigations ongoing and that placed a serious strain on Police manpower.
Later, during detailed scrutiny of the bill by MPs, Mr. Moniz flagged up a provision of the legislation he said the public ought to take note of — the fact that officers will be able to order an intimate search of a suspect in more places, including in any type of medical facility.
He said changes to the way crime was tackled had been forced upon Bermuda by rising gang warfare and gun crime.
Minister Walter Roban, who speaks on Public Safety in the House on behalf of the PLP, said Police were pleased with the amendments.
He added that the legislation would bring about the changes in the criminal justice system that the public desired.
