Sacked superintendent asks Governor for inquiry
A former detective superintendent fired for gross misconduct has asked the Governor to launch an independent inquiry into how he was treated, citing “extensive concerns regarding misconduct, bias and maladministration on the part of senior officers”.
Nicholas Pedro, who was in charge of the Bermuda Police Service’s crime division, submitted an official complaint to Andrew Murdoch this month, alleging wrongdoing on the part of Commissioner of Police Darrin Simons, deputy commissioner Na’imah Astwood, assistant commissioner Antoine Daniels, Superintendent Arthur Glasford and Inspector Kemar Peters.
Mr Pedro, who was placed on restricted duties for more than two years and lost his job after a closed-doors disciplinary hearing in December, told The Royal Gazette: “After much thought and careful review of the proceedings taken against me, I have taken the decision to file a formal complaint against senior members of the Bermuda Police Service.
“The panel hearing my case identified that I had incurred prejudice as a result of the manner in which the Bermuda Police Service investigated my case, which undoubtedly impacted my ability to defend myself and prevented the panel hearing the full facts …”
He said his lawyers asked the BPS for an independent inquiry into the allegations against him, but this was denied “yet provided to other senior officers in many other cases”.
“Independent investigations are always considered best practice, especially when the issues touch on the conduct of its most senior leaders,” Mr Pedro said.
“Therefore, their decision to deny me an independent investigation that was subsequently found to be prejudicial should be cause for grave concern.”
He added that he identified ten witnesses, but the BPS refused to interview them and the panel decided to proceed without hearing any witnesses.
The disciplinary panel, in its decision, stated: “The panel did find that the manner of the investigation [into Mr Pedro’s conduct], resulting in no witness statements being taken, and the delay, did create prejudice for the officer.
“However, the panel was not persuaded that this case was an exceptional case where a stay would be merited.
“The identifiable prejudice could be managed by this panel within an ongoing hearing. The panel found that there was no irredeemable prejudice.”
Mr Pedro was sacked after a 30-year career because of his involvement in a criminal inquiry into a leaked document concerning the marriage breakdown of former police commissioner Stephen Corbishley.
He failed to tell a magistrate in December 2020 that an application for a warrant to search the homes of two police officers accused of circulating the affidavit sworn by Mr Corbishley’s estranged wife contained information about him.
Mr Pedro was not the officer under oath making the application for the warrant.
The disciplinary panel’s conclusion, seen by The Royal Gazette, was that his omission was “extraordinary” and amounted to discreditable conduct, but was not dishonest.
They recommended he be dismissed, as requested by Mr Simons in a letter to the panel.
The police commissioner told the panel that Mr Pedro’s “continued employment in the BPS is simply untenable” and his dismissal would “maintain the integrity of our service, uphold public trust and demonstrate our commitment to the highest standards of professional conduct at all levels of the organisation”.
In his complaint to the Governor, Mr Pedro wrote: “While I understand the perception may arise that this complaint is driven by personal dissatisfaction, I implore Your Excellency to review the substantial documentary evidence enclosed with this complaint.
“These materials raise serious and credible allegations of misconduct, procedural unfairness, and abuse of power — matters that were not fully examined during my disciplinary hearing in December 2024.
“Although the hearing panel considered my conduct, they explicitly stated that they were ‘not there to judge other persons’ actions’.
“As such, the conduct of the officers named herein has never been independently or formally investigated, despite evidence that their actions substantially influenced the proceedings and outcome.”
He told the Gazette: “The Bermudian public have a right to know how their senior police leaders conduct themselves, and it is my sincere hope that a fully independent investigation will shine a light on their conduct. This is what I have asked the Governor to examine.”
The BPS have admitted the warrant to search the homes of Pc Robert Butterfield and Sergeant Mark Monk was unlawfully obtained, and both officers have received out-of-court settlements totalling hundreds of thousands of dollars.
One issue raised by Mr Pedro is what he termed the “known close association” between Pc Butterfield and Mr Peters, who works in the BPS’s professional standards department.
The Gazette has seen internal police documents which show the pair exchanged WhatsApp messages that were found on Pc Butterfield’s mobile phone after it was seized during the raid.
There was an internal inquiry into the messages and no wrongdoing was found, according to Mr Simons, who provided a lengthy response on the matter (see panel below) to questions from the Gazette.
In response to questions about Mr Pedro’s complaint, the Commissioner of Police said: “I have not had sight of the report submitted by Mr Nicholas Pedro.
“As such, it would not be appropriate for me to substantively comment at this time.
“Notwithstanding, as previously stated, Mr Pedro’s dismissal came about after an independent panel found him guilty of conduct that was deemed incompatible with the standards of integrity required for continued service within the BPS.
“Mr Pedro had a 14-day period in which to file an appeal against that decision, to the Public Service Commission, and did not do so.”
The Governor declined to comment.
An internal inquiry found no wrongdoing on the part of an officer from the Bermuda Police Service’s professional standards department for exchanging WhatsApp messages with a constable.
Darrin Simons, the Commissioner of Police, told The Royal Gazette that after the messages between Inspector Kemar Peters and Pc Robert Butterfield were discovered on the latter’s mobile phone, there was a “thorough investigation” which “subsequently closed without any disciplinary action being taken against Inspector Peters”.
Mr Simons said in a statement: “The investigation conclusively found no evidence of wrongdoing and there is no longer any suggestion of breach of confidentiality or other integrity matters as a result of the investigation's findings.”
He added: “The matter was objectively investigated through appropriate channels, following our procedures for examining conduct matters. The investigation determined that disciplinary action was not warranted.”
The commissioner said he appreciated “there may be uninformed speculation about the nature of these private conversations, but it’s important to emphasise that investigators did not find evidence of wrongdoing after a comprehensive examination of the facts”.
The PSD is the first port of call for all complaints about the conduct of police officers. As well as investigating internal matters, it looks into grievances from members of the public before they are considered by the independent Police Complaints Authority.
Mr Simons said: “The Bermuda Police Service take confidentiality very seriously. The public can be assured that complaints are handled impartially, professionally and with appropriate privacy safeguards in place.”
Pc Butterfield’s phone was seized by fellow officers during a raid on his home in December 2020.
The constable complained about the way the warrant to carry out the search was obtained and the BPS eventually admitted it was unlawfully obtained, paying an out-of-court settlement to him and another officer whose home was searched.
Mr Pedro was sacked for his involvement in the obtaining of the warrant. In a complaint he has made to the Governor about the conduct of senior officers, he alleged that Mr Peters should not have been allowed to assist the King’s Counsel representing the BPS at his disciplinary hearing because of his alleged “compromised impartiality”.
Mr Simons said in his statement: “All assignments within the Bermuda Police Service follow rigorous protocols to prevent conflicts of interest.
“Any officer involved in professional standards cases is subject to oversight to ensure impartiality and objectivity throughout proceedings.”
• UPDATE: this article has been updated to clarify that the complaint was submitted this month, not last week as earlier reported
• On occasion, The Royal Gazette may decide to not allow comments on a story that we deem may inflame sensitivities. As we are legally liable for any libellous or defamatory comments made on our website, this move is for our protection as well as that of our readers
