THE ESTABLISHMENT OF THE FORCE 1. The establishment of the Force is a matter of much debate. In nearly every Police location the Commission visited we heard of the acute shortage of Police manpower. But Mr. Dennis Joseph Burchall argues that the Service could make do with fewer officers if they were properly deployed and effectively used. We heard of the wastage which was constantly taking place through resignations and retirements. We were told that a relatively large number of resignations take place after three years' service following the completion of the three years' probation period and just before the completion of 8 years' service so that contributions to the pension fund could be recovered.

2. One reason for these early resignations was attributed to the failure of some young officers to find excitement in the service which the advertising material promised. Another is the frustration and boredom experienced by young officers who are required to perform static duties such as manning the gate at Government House. It is left to be seen whether the interim policy of recruiting officers from overseas will have the effect of maintaining existing levels of personnel.

3. Akin to the matter of the establishment is the matter of the allegedly low visibility of Police Officers performing beat duty on the streets of Bermuda.

It is accepted without argument that illegal drugs are readily available on certain streets of Bermuda in broad daylight. Devil's Hole used to be one such location. But the Police are reported to have driven the dealers off by maintaining a visible presence in the Devil's Hole area.

4. Not so, however, with Court Street, St. Monica's Road, known as 42nd Street, Curving Avenue, or Naval Field and Broom Street in Somerset. It has been suggested that the visible presence of uniformed beat duty Police officers in these areas would curtail the open conduct of the illicit drug trade in these areas thus driving it underground and creating difficulties of distribution from buildings or other static locations which can be more readily targeted.

5. Equally, the removal of customs personnel from performing "wharf patrol'' or "guard duty'' at the anchorage of cruise ships has reportedly contributed to the relative ease with which dangerous drugs are able to enter Bermuda.

6. We listened with much concern to the evidence of the open availability of illegal drugs on certain streets because of the well established linkages between the consumption and supply of dangerous drugs, to the commission of crimes involving serious violence.

7. During the period that the Commission was in session, violence broke out between rival gangs in Bermuda and threatened to escalate into the murderous tit for tat which has brought such mayhem to the streets of certain North American cities. Fortunately, the weapons used were baseball bats and nothing more lethal appears to have come into play although the police reportedly recovered several machetes. It may be of interest to note that when it was put to him during his public testimony that the Commission had heard of the existence of gangs in Bermuda, Mr. Richmond at first solemnly denied the truthfulness of the reports of the existence of gangs, referring only to groups which were not as organised or sophisticated as the gangs of North America.

8. It has been reported that the watches are depleted when constables have to be drawn out of the sections to perform static duties. In the absence of visible patrols on the beat, there has been an escalation of offences in the areas not covered by such patrols. We are strongly of the view that the visible presence of uniformed police officers on the beat is in itself a deterrent to the most potential offenders. We would accordingly recommend that the sections allocated for beat duty be used for that purpose only.

Alternative arrangements should be made for manning static positions.

9. There are too many considerations to be taken into account for us to make a determination concerning the optimum strength of the Service. However, in the light of the numerous oral and written allusions to manpower shortages, and chronic manpower shortages, we would recommend a comprehensive review of the manpower needs of the service, bearing in mind the need for maintaining a visible Police presence on the streets of Bermuda and the need to provide cover of the static positions.

*** THE CRIMINAL INVESTIGATIONS DEPARTMENT 1. We have singled out this Department for special treatment because of its critical importance to the overall police effort. It is currently headed by Superintendent Richmond. When Mr. Richmond is away for any reason, for example when acting in a higher post, the CID is effectively headed by Detective Chief Inspector Carlton Eugene Adams.

2. In its visits to the various Police facilities, the Commission relied heavily upon Mr. Don Dovaston to cast his experienced eagle eye upon what was shown to us and to evaluate it against the background of his considerable experience as a CID officer of the highest calibre for approximately forty years.

3. The Commission has formed a favourable view of Chief Inspector Adams both as a result of his appearance before it in public sessions, as well as a result of conversations it has had with him and his officers when visiting the Major Incident Room which was headed by him at the time of our visit, and when visiting the scenes of crime facility. He revealed a commendable grasp of all the issues which were discussed with him.

4. Mr. Adams was refreshingly candid, willing to accept shortcomings in existing practices which were drawn to his attention, and able to offer constructive suggestions for improvement. He was receptive to suggestions and ideas put to him by Mr. Dovaston concerning those practices and procedures currently in use in the UK which he thought could with profit be introduced to Bermuda.

5. Mr. Adams has no doubt that the long promised CID review should be undertaken urgently, though thoroughly. We agree. We think that the decision to decentralise the CID should be revisited. Consideration should be given to reestablishing the overall command of the CID under central control. The present fragmented system does not appear to be working well and is leading to frustration within the ranks.

6. Though we have referred to the matter of training under that head, we would restate here the urgent requirement that the training needs of the CID as a whole be critically examined. We would strongly urge that specialist advice be sought overseas, preferably in the UK. The training department which we visited appears to have neither the programmes nor the personnel required for the training of the CID in the latest techniques of their art. In this connection, we would direct especial attention to the matter of the Commission's visit to the Training Department.

7. We were very impressed with the CID as a whole. The talent is there. The commitment is there. The enthusiasm is there. The yeast of training is now required to enable this fine group of young men and women to rise to their true potential. The spark of inspired leadership is now needed to galvanise these largely young officers into even greater effort. The pruning shears of discipline are now required to lop away the deadwood of outmoded practices and procedures and most importantly of old fashioned thinking and attitudes.

8. The ranks of the CID contain some of the finest of young officers within the service. They are its future leaders. They stood out at every location we visited. The moment must be seized now. They must be given the most modern tools with which to detect crime and apprehend offenders. For as Sir Winston Churchill said to the Americans during the darkest hours of the second world war "Give us the tools and we will finish the job.'' *** COMPLAINTS AND DISCIPLINE 1. The Bermuda Police Service 1999 Annual Report declared that the Complaints And Discipline Department investigates complaints against the police from members of the public. It also reports to the Service Disciplinary Officer on investigations involving breaches within the Service.

2. The year under review saw the first full year of partnership between Complaints & Discipline and the new Police Complaints Authority. The report concluded that `The PCA has demonstrated careful attention to detail and keen insight in its appraisal of complaints coming before it, and has acted to resolve them in as judicious a manner as possible'.

3. Notwithstanding the positive picture painted above, the Commission was disturbed to receive many reports of indiscipline on the part of junior ranks in particular, with no action, or no appropriate action being taken to bring the transgressors to book. One serious example of gross insubordination took place at the Hamilton Police Station during the Commission's visit to that location. A/Supt. 637 Bridgeman, already taxed with the administration of the important Central Police Station, was obliged to defer more pressing operational concerns to deal with what is clearly a continuing and on going series of problems with an errant officer. This constable's name again surfaced in a complaint which was made in private to us by spouses who are both teachers. We say nothing further on this matter which we understand is the subject of a separate investigation.

4. The stated reason for the continuation of this drag upon the discipline and efficiency of the Service, is that there are other disciplinary matters pending against this officer. The longer he remains in the Service, the greater the possibility of further transgressions, the worse the example to efficient and hardworking officers, and the greater the burdens upon his hapless supervisors.

5. Whatever the existing procedures might be, they are clearly cumbersome, inefficient and slow: a sap upon the morale of the Service as a whole, and an impediment upon the ability of the Organisation to unburden itself of officers whose talents and tenets may better equip them for induction to some less demanding environment.

6. The public would be better protected by a Service which accepted the resignation of officers who no longer display the capacity or will to perform to required standards. Having offered to resign from the Service, this officer can hardly be expected to perform wholeheartedly. The best that can be expected, is a grudging delivery of the minimum that is demanded of him, or at worst, a progression from crisis to crisis to the detriment of the officer, and with no profit to the Service.

*** VICTIM SUPPORT 1. During the course of both public and private sessions, the question of the support for and care of victims of serious criminal offences was raised before us. In every case, the perception of the victims was that insufficient care had been taken by the Crown Prosecutor or by the Police, or by Hospital authorities or by any other relevant public or private agency to cater for their needs. Where some attempt was made to render assistance and support, it was not done with the sympathy and sensitivity which was required. The singular exception was the Hands of Love Ministry, a private voluntary agency which was of much assistance and comfort to Ms Angela Dill whose daughter had been struck down by a motorist.

2. The question of victim support is a very delicate one. From contributions made by Mr. Middleton and by Mr. Pearce, it seems clear that the plight of victims and those close to them, traumatised in the wake of serious criminal offences, has been under active study and consideration for upwards of 25 years in Canada. They were both kind enough to submit Canadian Victims Bill of Rights 1995 (amended by S.O. 1999) which may very well point the way forward for Bermuda.

3. But Mr. Pearce has submitted to us that these matters have already received the attention of Crown Prosecutors in Bermuda. He produced an Inter Office Memorandum on the subject of Victim Impact Statements dated 13th August 1999 from Ms Sandra Bacchus to all Crown Counsel (Criminal) and an unsigned paper entitled "Office of Public Prosecutions Policy re Domestic Disputes.'' These documents contain the embryo of what could be developed into an admirable victim support policy for the office of the Director of Public prosecutions.

4. The role of the Crown Prosecutor was raised in the context of his duty to the victims of serious criminal offences and of persons close to them. It will appear that the Canadian approach is for the prosecutors to take an active part in advising victims of the course which the prosecution is likely to take, to keep them abreast of all that is happening throughout the trial, to explain all rulings, decisions and verdicts, the sentencing process, the possibility and processes of an appeal, and the likely outcome of an appeal.

5. This can be a tall order for Crown Counsel having carriage of the case whose attention may be taken up with the actual conduct of the case, the presentation of the evidence, the responses to legal submissions by Defence Counsel, the preparation and presentation of his own submissions, the marshalling of the evidence for the prosecution and for the defence as it unfolds, the preparation and presentation of his address and the myriad of other things which may demand his attention, during the uncertain course of a complicated criminal trial of a serious offence.

6. One suggested approach is that the care of victims be entrusted to the Police. It is the Police who make the initial contacts with the victims and their families and the whole tone of the future relationship between the victims and the officials of the Crown can be set at that early stage. A caring and sympathetic response by the Police is clearly what is called for whereas a casual, callous or uncaring attitude is to be studiously avoided.

7. This raises the question of training. All Police Officers, as part of their basic training, and as part of their continuing training, should receive instruction in the matter of victim support. The public sees this as a right to which they are entitled and are prepared to demand it and to complain bitterly if it is not forthcoming.

8. The mother of the young child referred to earlier who had been knocked down in a public park by a motor vehicle, did not accept that because the incident had not taken place on a public highway, it was a matter of no concern to the Police. On the contrary, she felt, and we believe she was entitled to feel, that the Police were under a duty to assist in getting her child to hospital, to investigate whether or not criminal liability arose out of the incident, and if it did not, to direct her to the quarter or quarters where she could obtain relevant answers to the many unanswered questions swirling around in her mind.

9. This articulate young mother was evidently dissatisfied. She complained that it was only after her story went public, that the Commissioner of Police could find the time to see her and to take some interest in her case. We feel that there is some substance in her complaint and that there is need for a cadre of trained female police officers to deal with situations such as the case of this young mother and her child when they arise.

10. A very useful letter was submitted to us by the Women's Resource Centre of Bermuda. It drew attention to the needs of the victims of serious criminal offences against women generally and against women in the setting of domestic violence in particular.

11. The Centre complains that the police do not appear to know what their powers of arrest are or how and in what circumstances they should exercise those powers. Special reference was made to the Domestic Violence (Protection Orders) Act 1997 and the Stalking Act 1997.

12. There is a tendency in several Police Forces with which the Commissioners are familiar to treat reports of Domestic Violence as if they are not really reports of the commission of serious criminal offences. This practice has been reinforced by the fact that in many cases the women themselves have requested that the offending spouse or partner be only warned or cautioned. Even when the Police do bring prosecutions, they are often discontinued at the request of the victim who may go so far as to give evidence in court of her unwillingness to proceed further.

13. The victims of domestic violence (be they men or women) find themselves caught in an often perplexing dilemma. Clearly, the violent behaviour of a spouse or partner is unacceptable and the victim is anxious to see it come to an end. In some cases, particularly where the relationship has been of short duration, or the children of the union have come of age, or the victim has achieved financial independence, or the affections of the victim have been transferred to another, or the degree of physical violence has been of long duration or of great severity, the victim may decide to end the relationship and insist on the law taking its course regardless of the consequences to the offending spouse or partner.

14. In other cases, unhappily, the victim may still have a strong emotional connection to the perpetrator, or may not wish to have the other parent of their children suffer the penal sanctions of the law, or may be unwilling to jeopardise the financial support of the offending party. The problem of domestic violence is complex and seemingly intractable.

15. However, there is world-wide a growing intolerance of domestic violence.

Highly articulate and committed persons have campaigned vigorously against it.

In this new environment, victims have found support and encouragement from organisations such as the Women's Resource Centre and Amnesty International and from individuals such as Ms Le Yoni Junos who, in a very impressive oral presentation before us drew attention to the international span of the movement against domestic violence and of the work which is being done in this area by several agencies of the international community both public and private. We also received a useful written submission from Mrs. Kim Young, J.P., M.P., who drew attention to the special needs of the victims of serious violence who are mentally challenged.

16. We are strongly of the view that the Police should treat all reports of domestic violence as reports of criminal offences. The degree of seriousness will determine the mode of prosecution. But in all cases, the police owe a duty of a professional and sympathetic response to the victim. It is their responsibility to ensure that the victim is protected from further attack, receives such medical attention as may be required as quickly as possible, to assist in, and to liaise with other agencies in providing care for the victim, and to conduct vigorous prosecutions where the circumstances warrant. In all cases, too, the offender should be contacted as soon as possible after the report, and taken into custody if the circumstances so warrant. It is extremely dangerous to simply advise the victim to return home without ensuring that it is safe to do so, as was alleged in a letter submitted to us.

17. Complaint was also made about the manner in which prosecutions are conducted, about the lack of information to the victim, of the late notification of a trial date, about the poor standard of preparation of the victim for trial, about the late assignment of prosecuting counsel to the case, and of the additional strain and stress which all of those factors place upon the victim. An urgent call, which we wholeheartedly support, was made for the establishment of a Victim Support Scheme. We would accordingly recommend that such a scheme be implemented as a matter of urgent priority.

18. In the context of victim support, it is clear that specific training needs to be undertaken to deal with specific situations. Thus, female officers must receive training to deal with female victims of all serious crimes, but more particularly so of the victims of serious sexual offences. One essential duty which the female officer must discharge is that of liaising with other agencies with which the victim must come into contact, such as social workers, and more particularly, medical personnel.

19. One victim of a serious sexual offence who appeared before us in private, clearly expressed a preference for being examined by a female Doctor. Though expressing general satisfaction with the overall handling of her case by the police, she did indicate that she would have preferred if her views had been sought in this regard. She was clearly uncomfortable with the male doctor who examined her, even though he had conducted himself with complete professional propriety and competence.

Continued in Thursday's newspaper Tomorrow the Commissioners continue their report on the CID and also discuss the Implementation of Reports.