Association: Officer has a right to due process By Matthew Taylor A Police officer accused of smoking cannabis on duty is set for the sack The Royal Gazette has learned -- but the handling of the case has brought strong criticism from the Police officers' union.

Police Association Chairman Sgt. Mike Jackman attacked the use of an unusual method to speed the firing of the officer, who was allegedly spotted taking the drug while sat on his motorbike at a football match last Sunday.

He said: "We have some concerns about the procedures used in this case.

"We believe the Police code provides adequate provisions for disciplining officers. He should be given due process, but this usurps due process by using an obscure section of the Police Act.'' He said the normal practice was for a senior officer to hear the evidence and make a recommendation to the Commissioner.

The Commissioner could then increase the penalty but the procedure also gave the accused officer seven days to appeal the decision to the Public Service Commission.

Mr. Jackman said by using a little-known section of the Police Act, the officer's only route of appeal would be to sue through the courts.

Yesterday a Police media release said: "The Acting Commissioner of Police, Mr. Vic Richmond, has (as required under the Police Act) submitted certain recommendations to His Excellency the Governor, via the Public Service Commission as regards an officer's recent history of conduct and his future with the Bermuda Police Service.

"The matter is now in the hands of the PSC. In the meantime, the investigation into the White Hill Field incident last Sunday continues.'' Sgt. Jackman also attacked Police officers who had savaged the accused officer anonymously through the media.

He said: "People are implying he's guilty before the investigation has been done... he has to be given the due process of the law.'' Sgt. Jackman said it was a red herring to say the officer hadn't been arrested whereas other drugs suspects would have been.

He said: "Why do Police officers arrest people? It's because it's the only power they have to get them to the Police station. But he's a police officer and there's no prospect of him running away.'' Sgt. Jackman added: "He was detained from his liberty. It was technically an arrest. He had no choice.'' Police Association: Service needs policy on drug testing He said the Police service needs to have a drug testing procedure, but his members were split down the middle over a zero tolerance policy.

He said: "If they are caught in possession they will be dismissed when they go to court. But having drugs in your system is not an offence.'' Sgt. Jackman said those who tested positive should be subject to internal discipline.

"It would give them a chance to explain why they have it in their system -- it might be legitimate. It might be a derivative of cocaine from medication.'' "If Police are totally undercover they can get in a position where they may have to take illegal drugs -- but we don't have that in Bermuda.

"Narcotics officers might touch the stuff and get it into their pores. You would have to look at that. There's no objection in principal of zero tolerance.

"But we must recognise the rights of Police officers. You can't tread on those rights because of paranoia because one Police officer is suspected of an offence.

"We have a strong disciplinary code. They are basically lynching this guy before he's been found guilty. We agree with random testing.'' He added: "The Police force is a microcosm of society and anything that's happening in the wider society has to be happening in the Police force, but I don't know of any other person who is doing drugs.'' However one Police source said a zero-tolerance policy on drugs should be implemented immediately.

He said: "Let's take if further and include alcohol testing. There's one guy in communications and operations who drinks every single lunch break and supper break.

"He's having about five Amstels and then goes back to work and makes emphatic decisions about who goes where. But the drink clouds your judgment.''