Police Commissioner Jonathan Smith has not ruled out taking deserting officers to court again, despite losing last week's attempted prosecution.

P.c. Rickie Joseph was arrested him as he was about to flee the Island but the case was kicked out by Senior Magistrate Archibald Warner who branded the court action obsolete.

P.c. Joseph is thinking about suing the force after alleging rough treatment at the hands of officers. Mr. Smith said desertion was an offence and the Police could not pick and choose which offences to put forward.

Asked if he would do it again he said: “As a Police organisation we are charged with the responsibility of investigating offenders prescribed in the statute book.

“That offence was one of them. It still exists in the criminal code. It has powers of arrest to it. It is among our responsibilities.

“It is not a discretion on my part to say whether a criminal offence has occurred or not.

“We have to investigate it and decision makers elsewhere decide what the outcome of the case is.”

Director of Public Prosecutions Vinette Graham-Allen gave an equally matter of fact answer, saying the law made Police desertion an offence, her department were given a file and the court made a decision.

“I have no further comment to make,” she said.

Mr. Smith said P.c. Joseph had refused to work, take orders and then had declared an intention to leave and bought a plane ticket without getting permission to resign. Desertion is a criminal charge under the Police Act.

“He came to Bermuda and swore an oath and pledged his allegiance to this organisation and the country.

“When you do that there's an obligation and understanding that you will be under the confines of the Police Act and orders and you are subject to the law and the discipline code.”

He said if P.c. Joseph had gone through the normal channels the resignation would have been considered. Police must give a month's notice but Mr. Smith said exemptions could be made if they were applied for.

“It's about being reasonable, honest and forthright and upholding the contractual obligations that adults should have.”

Recently a British officer left at short notice but Police found out too late, said Mr. Smith.

But he said Police here had followed up by writing to his old address and former employer saying his resignation had not been accepted although he was discharged.

“Bermuda doesn't work out for everybody,” he added.

He said the Police force had hundreds of staff and sometimes had ones who were unhappy.

“I have invited all the contract officers if they have any issue they wish to discuss they can discuss it face to face with me and I will do my best to resolve it.

“That's how committed I am to making sure the relationships within the Police are productive.”