Log In

Reset Password

Making criminals pay

This was penned by Leopold Kuchler, father of shooting victim Renee Kuchler, as an open letter to the Parliamentary Joint Select Committee on the causes of violent crime and gun violence in Bermuda:16 December 2011Dear Sir,I would like to take this opportunity to air my observations and opinion concerning the elements at work with determination, whether unintentionally or by design, who are factoring the demise and destruction of the fabric of Bermuda’s society.Bermudians have been recognised internationally as a decent, vibrant and industrial Island community. Further, by contemplation I discovered that not all the blame can or should be put on individuals or members of gangs, crews, and “wannabes” who for self-gain or purpose of sentiment, are involved in various and a diversity of widespread criminal activities.I reckon overall that we (Bermuda) have almost permitted us to become complacent over the last two decades and reached the state where the criminal elements can be identified and labelled as mob activity.The increase in heinous crimes such as murder and attempted murder is not limited to our current society and times. Its drastic impact will be the cause for destruction and annihilation of our future generations. The current state has an absolute negative effect directly on our daily income and sustainability and is devastating our fragile tourism and international business revenue-generating sectors.The harm to our Island’s reputation as tranquil and peaceful has been done. Our grand reputation is not only tarnished it is destroyed; only the dreamers “feel the love” and continue to live in denial.It doesn’t matter any more how little or many millions of dollars will be allocated in the 2012 Budget for tourism and /or business development. The hard earned dollars are spent more appropriately in dealing with combating crime and eradication of the origin and roots of the Island criminal elements.I am totally puzzled by people who are dwelling on racial issues, got stuck in the last centuries on issues which have passed and (are) long gone. As the world has turned, Bermuda’s issues are no longer in black and white. Whether we like or dislike (it), we ordinary Bermudians have to face it and deal with it. I am also puzzled by our Island’s politicians and leaders, who are not taking charge and making a serious effort in bringing change for (the) better.One has to ask, ‘does anyone in Government understand the legislative powers that have been entrusted to them in providing good governance, safety and security for all?’ The political rhetoric before a pending election is of no value or at its best a sideshow.The Parliamentarians need to come together, work in concert on these issues which need to be addressed with most urgency and priority. The way our laws are poked at by QCs and lawyers can be frightening. Our Parliamentarians deserve the full-hearted support of the public in bringing substance and valuable contributions to the House to implement meaningful changes to strengthen the judicial system.Lawyers must stop exploiting loopholes in the existing laws! When you drive down the road and over a pothole, your car or bike jerks and you curse Works and Engineering and wish to have the hole fixed in an instant. It appears when it comes to crime no one wants to find the time to fix it.I believe in order to get a grip on crime, better laws are warranted, laws that provide preventive measures and support the authorities in carrying out the essential work. Especially regarding sentencing.Most pathetical situation; “we the people” spend valuable dollars to have police take care of the misfits of society. The laws are in the books and we challenge the way one is apprehended. Obvious, the short and sick minded lunatics have something to revel about when an appropriate measure is implemented as in the case of police stop Search power 315F. Loudly they voice themselves without knowing and giving thought of the ramifications and setbacks we have to endure and suffer in years to come.I, on the other hand not only wish, but demand that nothing less than the powers necessary are given to the Bermuda police force when deemed and required, to stop and search any politician, citizen or foreigner.We are living in a time where people kill people by the use of a gun. Guns are illegal! People who are using guns are a direct danger to society! Not one citizen has used a gun to save a life yet, wake up as long you can! It is the duty of police to find the guns before they are used, as part of crime prevention!What is so difficult to understand, or get into your heads that liberty begins with the ordinary citizen who behaves in an orderly manner and lives according to the laws of the land? There is a price we have to pay for that civil right to be living in a safe society, and certainly stop and search is not an infraction on my liberty.Here begins the underlying grey area which sick minded individuals cannot comprehend; that a correct law abiding citizen has no issue with stop and search but the criminals do. Therefore we need to stand firm and campaign; we must take a stand for the ordinary “us”. Don’t weaken the laws that protect, don’t expose the vulnerable!The citizen pays to protect and to provide a secure environment. One is made to believe that the best laws are in place to guarantee that expensive provision, because we elect the best lawyers, doctors, finance people and experts of all sort of calibre. Before every election time the big speeches and charismatic talks are pulled out and smacked into our minds.The following I wish to propose to the Horton Committee;When an accused stands trial he/she shall have a QC or appointed lawyer represent them paid in full by the state untilWhen found innocent they walk free without a penny to pay.When found guilty they will be sentenced, jailed and undergo a work and employment scheme that is productive and earning to pay off the cost of the courts and defence for the very reason they knew from the beginning that they are guilty and defrauded the public.Further, out of prisoners’ earnings, full reparation and compensation shall be paid for innocent victims, which amount shall be set by the judge as part of the sentencing (time allocation taken in consideration).Lastly, the sentencing shall have an affixed time plus an allocated time frame during which a prisoner can show his rehabilitation in form of eager work, education and contributions to the community.Minimise physical exercise, social activities and visitation; jail is not a fitness camp to tone the muscles and strengthen ill minds. [Those] jailed don’t have to worry [about paying] the electricity bill, health insurance, the next meal. Now, criminals experience a better life in jail without worries, get grand education so they have the opportunity to become a lawyer and take the bar exams when set free, when many others cannot get a scholarship, basic apprenticeship or just employment. I strongly believe in rehabilitation by design with a rational approach and logic process; concentration of the mind and spirit is essential.All the best wishes to the Horton CommitteeLeopold Kuchler,Warwick