A police officer and the Attorney-General have been found liable for the malicious prosecution of a couple over an alleged breach of Covid-19 regulations.

Dantae Williams and Teshae Trott launched legal action against Detective Chief Inspector Peter Stableford and the Attorney-General of Bermuda over a 2021 case in which the pair were charged with unlawfully mixing households.

The criminal case was thrown out in May 2022 after Mr Stableford changed his evidence in the witness box and acknowledged that Ms Trott was residing in two residences, including the apartment she shared with Mr Williams.

Assistant Justice Hugh Southey found in a judgment dated August 15 that Mr Stableford likely made a deliberate decision not to mention that Ms Trott was staying in the apartment.

“It appears to me that at the very least Mr Stableford’s actions amount to reckless indifference to the consequences of an unlawful act,” the judge wrote.

“It appears to me that Mr Stableford can have given no proper consideration to the consequences of his failure to give a full account of Ms Trott’s living arrangements.

“That goes beyond mere negligence as I have found that Mr Stableford knowingly failed to comply with legal obligations to provide a full account of Ms Trott’s living arrangements.”

Mr Justice Southey added that Mr Stableford, who retired from the force in 2024, was “essentially” acting as a police officer and as a result the Attorney-General was vicariously liable for his actions.

“The BPS Code of Ethics required Mr Stableford to take action when he believed that other police officers were acting unlawfully,” he wrote.

“Mr Stableford clearly relied on that obligation as a justification for him reporting the alleged breach of Covid-19 regulations.”

The court heard that Mr Williams, a lawyer, and Ms Trott, a police officer had been in a relationship since 2018 and Mr Stableford was Mr Williams’s co-landlord since March 2020.

Mr Stableford said he was contacted on April 23, 2021 by Loryn Bell, a tenant and intelligence analyst for the BPS, alleging that Ms Trott had spent the previous night at Mr William’s apartment in breach of Covid-19 regulations.

He later looked at CCTV and confirmed that Ms Trott had been at the apartment.

Mr Stableford gave three witness statements to police, stating he believed Mr Williams and Ms Trott breached the Public Health (Covid-19 Emergency Rules Stay at Home) Regulations 2021 and he repeated the assertion in Magistrates’ Court.

However, on cross-examination he acknowledged that Ms Trott was living at two addresses, including with Mr Williams, after hearing an audio recording in which he said it was “perfectly reasonable” for the lawyer to say Ms Trott lived at the apartment.

The Crown subsequently offered no evidence against Mr Williams and Ms Trott and the case was thrown out by magistrate Khamisi Tokunbo.

Mr Stableford told the Supreme Court in written evidence that while Mr Williams’s lease permitted two residents in the Warwick apartment, he understood that he intended to reside there alone and that Ms Trott lived in Hamilton Parish.

He said that he believed that Ms Trott was at the Hamilton Parish address under quarantine when the Stay at Home order came into effect and the visit was in breach, which is why he reported it.

However, Mr Justice Southey noted that Chief Inspector Alex Rollin said Mr Stableford had compromised the investigation by not saying that Ms Trott lived at two locations and the actions of the prosecutors implied the case would not have gone to court had the information been known.

“It appears to me that Mr Stableford was an experienced police officer. That implies that he should have known the importance of supplying all relevant evidence in statements,” the judge wrote.

“He appears to have acknowledged that during the conversation on May 13, 2021. If, as Mr Stableford said during the conversation on May 13, 2021, residence at two addresses might provide a defence, that implied that the investigating officer and the Department of Public Prosecutions needed to be made aware of Ms Trott’s living arrangements.”

Mr Justice Southey said that it appeared Mr Stableford sought to present evidence in a way that supported the prosecution rather than in a way that was unbiased.

The judge also found that, because Mr Stableford was acting as a police officer, the Attorney-General was vicariously liable for his actions.

“It appears to me that Mr Stableford was engaged, in furthering his employer's business, albeit in an unlawful manner,” he said. “That indicates vicarious liability.

“This was not merely a case where employment as police officer gave rise to an opportunity to act unlawfully.”

A police spokesman said: “The Bermuda Police Service reaffirms the fundamental responsibility of its officers to uphold a duty of candour.

“This principle is central to maintaining public trust and confidence in policing.

“The BPS Standards of Professional Behaviour, supported by the Code of Ethics, clearly set out the conduct expected of all officers.”

He added: “The BPS can confirm that Mr Stableford retired in January 2024. However, while he is no longer a serving member, the Civil Court matter progressed to its conclusion.

“In accordance with the Police (Conduct) Orders 2016, disciplinary action may only be taken against individuals who are currently serving as police officers.”

Mr Williams said that he and his partner have “finally been fully vindicated” after years of legal proceedings.

He added that the judgment established that Mr Stableford had “facilitated a malicious prosecution of me and Teshae Trott by withholding information relevant to my defence to criminal proceedings, for which the Attorney-General of Bermuda is vicariously liable”.

Kim Wilkerson, the Attorney-General and Minister of Justice, said in a statement this morning: “This judgment concerns the legal principle of vicarious liability, which means the Government can be held responsible for the actions of officers carried out in the course of their duties.

“While the court has made this finding, I want to be clear that neither I nor this Government condone any misconduct by officers.

“The people of Bermuda deserve the highest standards of professionalism and integrity.”

The matter is expected to return to the court next month for arguments about damages.

• UPDATE: this article has been updated to clarify that the judgement referenced evidence from Chief Inspector Alex Rollin, not Andrew as earlier reported

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