Senior Magistrate Archibald Warner came out with guns blazing yesterday as he acquitted a policeman of ?desertion? and called for a commission to investigate Police Service?s treatment of crime suspects.

Mr. Warner ? who first came to Bermuda from Barbados as a policeman more than 30 years ago ? called the prosecution of constable Rickie Marcus Joseph, 31, under the Police Act of 1974 for desertion ?oblique? and ?does little to add to the credibility of the management? of the service.

Mr. Justice Warner also described the use of the courts by the Service to discipline officers as obscure and obsolete.

P.c. Joseph, who joined the Service in June of 2003 with 11 years of service in his native St. Lucia, broke down in tears as he recounted an alleged assault by a senior officer.

P.c. Joseph, who lived at the barracks at Prospect, Devonshire, was charged with deserting the Bermuda Police Service on July 3, 2004, when he was caught attempting to board a plane for New York.

Last night, in a press release, a Police spokesman wrote that in light of P.c. Joseph?s acquittal, the Service would consider whether changes are needed in the law dealing with the prosecution of serving officers.

?From the perspective of overseas recruiting generally, we remain immensely proud of the many hard-working and loyal officers from the Caribbean and UK. The Service and the community are fortunate to have these hard-working officers here,? the release continued.

When asked whether P.c. Joseph was still a member of the Service, the Police media relations officer declined to comment.

Mr. Warner said that he could conclude from the Crown?s evidence that P.c. Joseph attempted to desert, adding: ?In considering the Police submission it seems the complaint was made for oblique reasons.?

Mr. Warner called the provision in the Police Act of 1974 which makes desertion a criminal offence ?unfortunate? saying: ?If Police are using criminal court to discipline officers then it seems that Section 31 is obsolete in this Police Service.

?It lends itself to oblique use and can be of little practical use.?

?The items found in the evidence are clearly meant to prejudice the court. This complaint and prosecution does little to add to credibility of the management of Bermuda?s Police force,? he continued. In addition, Mr. Warner said that he felt sure of the defendant?s credibility, pointing out P.c. Joseph?s ?religious values? and dedication to ?continue planting seeds in the kingdom of God?.

Earlier, Mr. Warner dismissed the evidence of P.c. Suzanne DeSilva who testified that P.c. Joseph had told her he was leaving the island and the Service three days before the offence.

?In my view Miss DeSilva?s evidence didn?t have the necessary ring of truth. I?m not satisfied to be sure that her submissions were true,? he explained, adding that he found Miss DeSilva ?arrogant in her delivery? of testimony.

P.c. DeSilva claimed to remember verbatim her conversation with P.c. Joseph and refused to refresh her memory from notes.

However, Mr. Warner said, she made several errors in her testimony, including the date which she claimed P.c. Joseph told her he was leaving as well as the nationality of his pastor, who was South African and not West-African as she claimed.

This conversation played a key role in the Crown?s case, constituting the only direct evidence that P.c. Joseph was intending to permanently abandon his Police duties when he was caught trying to board a plane for New York on July 3.

P.c. DeSilva said under oath that P.c. Joseph told her he was planning to leave Bermuda for St. Lucia on July 5 ? not July 3 ? in order to open a business and eventually open stores in Bermuda, Virginia and West Africa. She also alleged that Joseph said: ?Before the Police know it I?ll be off the Island. I?ll have to be here to get in any trouble.?

During cross-examination, P.c. Joseph denied making that comment but did confirm that he had plans for the business ventures. He said he was acting with the support of a ?South African apostle? who told him to ?follow his faith in God? and go into business.

P.c. Joseph told the court that he was troubled by his superiors? ?harassment? of him, alleging that his superiors were telling him to report that he had been sick on June 31 when he failed to show up for his duties.

But P.c. Joseph said that he had spent the day with ?an Apostle from South Africa who had taken me through deliverance in dealing with my spiritual matters?.

Director of Public Prosecutions Vinette Graham-Allen said in her summations on Tuesday that all the evidence pointed to Joseph intending to permanently abandon his duties as a police officer, though he may have planned on returning to the Island to set up a business.

She highlighted P.c. Joseph?s purchase of an American Airlines flight on July 2 as well as his refusal that same night to answer his door for the officer who was investigating his absence from duties on June 31.

She said that P.c. Joseph left only a TV, VCR, three police shirts, and a guitar amplifier in his police Barracks when he left.

Finally, she said the defendant handed in a letter of resignation when he was caught at the airport. ?Regardless that he was not on board the plane or cleared customs,? Mrs. Graham-Allen said. ?It?s an expressed intent and the inference that can be drawn from his conduct is that he intended to abandon his duties in accordance with the definition of desertion.?