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Vulnerablewitnesses could be sent abroad before trial

Vulnerable witnesses and victims of serious crime could be moved abroad prior to court trials to prevent intimidation, the Justice Minister revealed last night.

Attorney General Philip Perinchief told The Royal Gazette the measure was likely to be included in new legislation aimed at improving the Island’s criminal justice system.

“We are looking at witnesses being sent abroad before trial,” he said. “They would be temporarily located somewhere else, out of the jurisdiction, for example in the UK.”

He said that continued protection for witnesses after they have given evidence in court could also be on the cards plus stiffer sentences for those convicted of witness intimidation.

“It’s a question of us being able to make these witnesses feel as comfortable as possible.

“In the long-term we need legislation that would assist that.”

Senator Perinchief said though witness intimidation was not unique to Bermuda, the size of the Island exacerbated the problem. In a small country such as Bermuda there arises, I suppose, a culture of protectionism for the accused who very often is somebody’s ace boy,” he said.

“It’s certainly a culture that is counterproductive to bringing about justice in this country and it’s one we are going to tackle head on.”

The Minister was speaking after a two-day conference at Elbow Beach Hotel which focused on whether Bermuda should launch a witness and victim care programme based on a successful UK initiative called No Witness, No Justice.

Sen. Perinchief said the answer was a resounding yes.

“We have to step up to the plate and provide both the human resources and the financial resources to make this criminal justice system the envy of the world,” he said.

“Bermuda is touted as one of the richest countries in the world. “It ought to, in my view, put justice first. That for me is a clear demarcation of our democracy.”

He said a taskforce would now be set up to consider how best to reform the system, with legislation likely to be drafted in the first quarter of 2008. Finance Minister Paula Cox, he added, had shown willingness to budget for the improvements.

Vinette Graham-Allen, Director of Public Prosecutions (DPP), said it was her idea to hold the conference and bring those behind the UK scheme to Bermuda, including project managers Superintendent Simon Deacy and Pauline Spencer.

“We need to put victims at the heart of the criminal justice system if we are to maintain public confidence in the system,” she said. Conference delegate Joanne Odoli, of Bermuda Anger Management, Mediation and Professional Services, which prepares witnesses and victims for trial, applauded the Attorney General and DPP for recognising the need for better protection and care of those required to give evidence. “We are working on a case now involving a serious sexual assault in which the person involved is reluctant to testify,” she said.

“This can be a very close and closed community. We hear a lot about the rights of the defendant. With this new programme we are addressing the needs of the victim and the witness. In the long-term, it’s going to benefit Bermuda and regain the public’s confidence in the system.”

Supt. Deacy said: “What we have seen is a tremendous will and determination from every one of these delegates to take some key messages away. If the structures are put in place...then I think Bermudians will see a witness care unit set up.”

Puisne Judge Carlisle Greaves said the conference was extremely useful. “I’m sure that this community is going to benefit to a substantial degree,” he said.

Protecting witnesses