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Men accused of abusing elderly ‘Miss C’ will not be charged

Prosecutors have decided not to charge two men accused of abusing and exploiting a vulnerable old woman in her own home.Police spent years investigating allegations against the pair but didn’t share their findings with the Department of Public Prosecutions (DPP) until 12 days after alleged victim “Miss C” died, aged 78.The DPP has since concluded no criminal case can be brought against the men, who were accused of physically and sexually mistreating the senior, as well as exploiting her financially.Opposition MP Louise Jackson, who claims to have first reported the alleged abuse to police in 2007, yesterday described the case as a “most appalling tragedy” and questioned why detectives took so long to pass a file to the DPP.“There must be an official investigation of this case,” she said. “We must find out where we failed and why and we must learn the lessons which will prevent something like this from ever happening again.”Describing Miss C’s final years as an “unending nightmare”, Mrs Jackson said Bermuda failed the woman and police should explain why they couldn’t collect enough evidence for charges to be brought while she was still alive.Superintendent Antoine Daniels responded last night: “In 2008, the Bermuda Police Service received a complaint on behalf of Miss C, alleging that she was physically abused and funds were being illegally removed from her banking accounts by two men who were residing with her at the time.“As a result, Bermuda Police Service detectives conducted a full investigation into this matter; however, these investigations were hindered due to a combination of the complainant’s reluctance to make an official complaint against her alleged perpetrators and a lack of evidence to proceed.“Due to the vulnerability surrounding Miss C, a protection order was issued providing government social workers with the necessary authority to remove Miss C from her residence into a place of safety.“The two suspects in this investigation were never formally charged for a number of reasons, particularly because of a lack of evidence, no material witness due to the death of the victim in January 2011 and the statute of limitations having expired.”Supt Daniels said since the case came to light, BPS had formed the Vulnerable Persons Unit and created a case management system to “ensure cases such as this are managed more efficiently”.Rory Field, Director of Public Prosecutions, told The Royal Gazette: “On January 25, 2011, our department received a request for an opinion on what charges, if any, could be prosecuted in this matter.“Having reviewed the evidence provided, the potential offence disclosed was time barred by statute, and any other possible offences that could be further investigated were hindered by the death of the complainant.“We subsequently advised the Bermuda Police Service and the National Office for Seniors and the Physically Challenged (NOSPC) that there would be no prosecution.”Under the Senior Abuse Register Act, which became law in March 2008, those convicted of elder abuse must have their name placed on a register and can face a maximum fine of $10,000 and/or a maximum three-year jail term.The legislation is not retroactive and no one has been successfully prosecuted under it so far.Miss C’s situation was highlighted by this newspaper in late 2008, but it is believed neighbours and Mrs Jackson initially alerted the authorities the previous year.The elderly lady, then in her mid-70s, had learning difficulties and no family on the Island. She lived alone but was befriended at some point in 2007 by one of the men, “Mr A”.He and his younger friend, “Mr B”, subsequently moved into the woman’s home rent-free, purportedly to look after her and maintain the property.Mrs Jackson got involved after hearing allegations that the pair subjected the victim to slaps in the face, exposed her to pornographic films, took naked photographs of her and bullied her into handing over money.In October 2008, we revealed that Miss C was placed under a protection order after then Cabinet Minister Dale Butler ordered the NOSPC to safeguard her.The two men were still living in Miss C’s home at that point; they were named in the order and banned from entering the property.Mr A, whose camera was seized by police, admitted to this newspaper that month that he took naked pictures of Miss C to “warn her” to get dressed.Mr B said he owed the senior $10,000 and once “sprayed bug spray” when she hit him in the head. Both men, now aged 68 and 48, denied wrongdoing.Mrs Jackson described Miss C, an only child whose parents left her “comfortably off”, as “mentally challenged”.The One Bermuda Alliance’s spokeswoman on seniors said: “She was able to make a reasonably happy life for herself until two cruel and cynical men found her and, like wolves, made her their prey.“They sexually abused her, took over her house and plundered her bank account. It went on for years.”Mrs Jackson said police seemed “unable to put a stop to it” but Mr Butler did what he could to ensure she was kept safe from “these two monsters”.“Eventually, Miss C died. The police didn’t seem able to involve the Department of Public Prosecutions until some days after she died, by which time any chance there was of making the two men pay for their crimes had evaporated.”John Payne, the NOSPC’s acting manager, said decisions on whether to press charges were made by the DPP and his office “did not and could not make a decision in regards prosecution”.He added: “Some of the events took place before the Senior Abuse Register Act 2008 came into being. Some of the alleged offences would have been time barred by statute.”He said he was aware of one other elder abuse case presently before the courts. Mr Payne would not provide figures for the number of elder abuse cases reported to the NOSPC last year.Mr Butler declined to comment.