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Dunkley questions Police policy of dealing with speed merchants

Shadow Labour, Home Affairs and Public Safety Minister Michael Dunkley yesterday drilled his Government counterpart over the Police's policy of issuing cautions rather than speeding tickets.

And Mr. Dunkley asked Labour, Home Affairs and Public Safety Minister Paula Cox whether the Police officer who issued a speeding ticket to a Government official which was later withdrawn and replaced with a caution due to procedural irregularities had been disciplined.

In answering the Parliamentary questions in the House of Assembly yesterday, Ms Cox noted that Governor Thorold Masefield had approved her responses as, under the Constitution, he held responsibility for the administration of the Bermuda Police Service.

Mr. Dunkley asked first: "Minister Cox, recently a Police spokesperson has said that 40 cautions have been issued instead of speeding tickets since January at the discretion of either Divisional or Commissioner levels. What criteria do Divisional Commanders adopt for cautioning instead of issuing tickets?'' Ms Cox noted that the Service adopted a revised policy regarding the cautioning of speeding offenders in May, 2000.

"With respect to individuals who have been ticketed for speeds of 59 kph (kilometres per hour) and under, Divisional Commanders (Chief Inspectors) are authorised to administer cautions provided that the reason/s for the caution can be justified and the Divisional Officer has consulted the ticketing officer and the caution is followed up by a letter signed by the Divisional Commander stating that a written record of the caution exists and that subsequent speeding by the same offender is likely to result in a court appearance,'' she said.

"Cautions may be issued for compassionate reasons, as a result of procedural or ticketing errors or for other extenuating circumstances.'' She said requests for cautions for individuals who had been ticketed for speed of 60 kph and above had to be forwarded to the Assistant Commissioner, Deputy Commissioner and/or Commissioner of Police.

The same provisions for cautions applied but they would only be exercised where either extenuating circumstances or compelling reasons exist.

Ms Cox added that criteria for cautioning speeding offenders were wide and varied and could include compassionate reasons, procedural errors and ticketing errors.

Mr. Dunkley's second question appeared to refer to an October incident where Telecommunications Minister Renee Webb was stopped for speeding and was let off with a caution due to procedural irregularities that occurred after the ticket was issued.

He asked: "Minister Cox, in connection with a recent caution that was issued there was a mention of procedural irregularities, Has the officer concerned been disciplined for the procedural irregularities?'' Ms Cox replied: "The Bermuda Police Service, in keeping with its policy of not identifying individuals who may have been subjected to their caution policy, revealed on October 30, 2000, that a Government official had received a caution for speeding.

"The caution was administered in compliance with Service policy. However an internal (disciplinary) investigation is underway to probe the procedural irregularities that were reported in this case.''