Police chief challenges decision to clear officer of misconduct
The Commissioner of Police is pursuing a lawsuit over a disciplinary panel’s decision more than two years ago to clear a constable of wrongdoing.
Darrin Simons is seeking a judicial review of the April 2024 decision about Rob Noddings, a British specialist firearms officer who has since left the Bermuda Police Service and returned to the United Kingdom.
Mr Noddings was accused of gross misconduct during the April 2020 arrest of Taahir Augustus — but the charges against him were thrown out by the disciplinary panel.
Mr Augustus had been stopped by police on suspicion of impaired driving after a road crash during the Covid-19 lockdown.
He coughed on two officers and told them he had the coronavirus, causing both to be placed in quarantine.
Mr Augustus was charged with serious assault and was given a conditional discharge in Magistrates’ Court in January 2023 after a late guilty plea.
Prosecutors appealed the sentence and the Court of Appeal found in March 2024 that it was too lenient but opted not to send it back to the lower court.
Mr Noddings was served in February 2023 with disciplinary papers accusing him of the use of excessive force against a prisoner under his control.
He denied the allegation, insisting he used techniques for dealing with Mr Augustus which were approved and taught by the BPS.
The Director of Public Prosecutions found Mr Noddings had no criminal case to answer.
A disciplinary panel cleared him of wrongdoing on April 9, 2024.
Panel chairman Mark Pettingill, in a decision seen by the Gazette, wrote: " … it is our judgment that the delay and handling of the investigation into the allegation against Pc Noddings has amounted to an abuse of process and, accordingly, the proceeding should be stayed on a permanent basis and the defendant acquitted in relation to the two counts with which he is charged.”
It is understood that Mr Simons, represented by lawyers from the Attorney-General’s Chambers, has asked the court to declare the panel’s decision irrational, unlawful and wrong in law.
Mr Noddings, according to his LinkedIn profile, worked for the BPS from May 2017 until June 2024, including as an operational firearms commander, firearms tactical adviser, training instructor and acting sergeant.
He previously worked for Surrey Police in England and the British Transport Police.
The civil case brought by the police commissioner was listed before Assistant Justice Hugh Southey in the Supreme Court on September 15 but has yet to conclude.
The Gazette did not attend the hearing but it is understood Mr Noddings was not present. He could not be contacted for comment.
Court papers show that Mr Simons asked for leave to apply for judicial review in September 2024 and it was granted by Chief Justice Larry Mussenden.
A BPS spokesman said: “As this is a live court matter, it would be inappropriate to comment at this time.”
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• To view the Supreme Court notice of motion, see Related Media
