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Commissioner backs anti-speeder technology

Speed cameras will be effective in catching speeders, according to Commissioner of Police Jonathan Smith (left).

With all the furore surrounding the the legalities and constitutionality of speed camera technology, Bermuda's top Policeman is confident that the system will be a success at what it is designed to do - catch speeders.

And although Commissioner of Police Jonathan Smith would not comment on the controversy surrounding the rights of motorists if they are caught speeding, the issue has caused a stir in the UK where the cameras are already in use. It is understood that several cases are being appealed to the European Court of Human Rights based on the right of the driver not to have to prove they were driving the vehicle.

According to UK law - which is the corner stone of Bermuda's legislation - the registered owner of a vehicle caught speeding on camera, must provide details of who was driving.

But defence lawyers said for motorists to do so would violate their legal right to silence and protection from self-incrimination, based on the European Court of Human Rights. And Constitutional experts have warned that it is only a matter of time until the system could strain relations that exist between the Police and the community.

However, Mr. Smith this week distanced himself from the controversy, only saying that there were more people qualified than him to speak to the constitutionality of the cameras.

But when The Royal Gazette contacted the Attorney General's Chamber, Solicitor General Wilhelm Bourne said: "We in the AG's Chambers have decided not to enter the public debate on speed cameras, so we have decided not to comment."

Meanwhile, Mr. Smith asserted that the technology, once it is in place, will serve the public better by clamping down on speeders.

Although he could not pinpoint when they will be set up on local roads, he said plans were in the works to have them operate similar to the current methods of catching speeders.

"We have had officers involved in laser and radar use for many many years," he said, "and there are some preferred sites throughout the Island that are more conducive to speeding and that's where the checks are made.

"And I can anticipate that in some of those very same spots, this technology will be deployed there. It is a technological solution to catch people but we are some way away from introducing the technology.

"Although we have the budget for the cameras, for the system to work best, we need to have proper cohesiveness with all other entities involved. "For the system to work best there must be cohesiveness, between Police, TCD and the courts.

"If it isn't fair, it will become bureaucratic - it should not be labour intensive, it should be technologically driven."

But Delcina Bean Burrows, a past chairwoman of the Road Safety Council, said in the wake of the renewed public discussion on legislation enabling the use of speed cameras there should be additional initiatives to go along with it.

"I believe that enforcement through technology is great," Ms Burrows said. "I think it's a step in the right direction. However, I think that to approach the whole issue of traffic enforcement in a piecemeal manner in the long run is not going to be beneficial if we don't institute a points system."

Under a points system, traffic offenders would receive harsher penalties for each successive offence, she explained. "A points system allows a person to self police their own driving record," she said. "A points system has been bandied around for some time and it's time to move on it.

"It also helps make the work of the Police a lot easier."

At the end of the day, she said, "we want the roads to be safer", but a "systematic" approach is needed.