Crime laws lag five years behind UK
serious crime revealed yesterday that Bermuda was five or six years behind Britain in its ability to tackle criminals.
Out-of-date legislation means officers have to manipulate the law in order to achieve results in detection rates.
One of the commissioners, former British Deputy Chief Constable Don Dovaston, said a number of recommendations would be made as a result of the inquiry -- including the need to modernise the law.
He said an example of how officers had to "manipulate'' the rules was in the gathering of fingerprints from suspects to ascertain who was innocent and who was guilty.
"The legislation here is that only if the person arrested volunteers should fingerprints be taken,'' he said. "However, they have been encouraging people to volunteer their fingerprints, with every good intent. "Without being overly dramatic, I see processes and the ability to investigate serious crime in Bermuda being at a position where officers in the UK were at five or six years ago.
"My greatest concern is that the legislation has not kept abreast with all the other developments on the Island.
"My sincere hope is that the findings of this commission and its recommendations will be urgently addressed and implemented.'' British officers were trained to take DNA saliva samples from all people charged with a criminal offence. Those convicted are then profiled and kept on a database for the rest of their lives, he said.
The result is that as more profiles are logged, a growing number of criminals are being matched to DNA samples taken from unsolved crime scenes.
Now 52 percent of all crime detected in Britain is done so through the use of DNA, and the number is set to climb as the database grows. Only 11 percent is by fingerprints.
In Bermuda, there is very limited legislation to allow officers to take DNA samples, and few cases are prosecuted with the use of it.
However, he said he was pleasantly surprised by the enthusiasm of the officers he met and the willingness they showed to see progress be made on the Island.
Evidence laws outdated And he said everyone he met had been very receptive to the commissioners and their work.
Chairman of the commission Justice Stanley Moore said he and his colleagues wished to see a wide variety of changes implemented in Bermuda, especially when it came to the care of victims and their families.
He said a number of issues had arisen from the month-long hearing and all needed to be addressed as soon as possible.
Many may just require the adjustment of current procedures or attitudes, but others, such as the modernising of legislation and better facilities for sex assault victims, may need more time and additional expense.
But either way, he said the commissioners, including Bermudian lawyer Shirley Simmons, were confident that the inquiry could prove to be a huge benefit to the Island.
He said they still had much to do and would continue to work flat out for the next week in order to meet the deadline for the completion of their findings next Friday.
Whether or not the report will be publicly released will be down to Governor Thorold Masefield.
Mr. Moore told The Royal Gazette : "The inquiry went very well and the people who came forward did all they could to assist us within the terms of reference that we had.
"People felt able to speak out. The atmosphere was created so people would feel relaxed -- not bullied and terrorised.
"We were able to glean a great deal from the witnesses, especially the victims of crime. They were very helpful and I think the victims rights will be taken into account.
"If there is one thing the commission has done, it has led to an expression of the way victims feel.'' Mr. Moore said nothing he heard throughout the inquiry suprised him, although he was not expecting so much blame to be passed around.
He added: "I did not expect all the finger pointing -- it took me back to my childhood days. If a vase got knocked over at home, then you would automatically say `it's not me'.
"The `not me' part is understandable, but the `it's him' is perhaps an element of human nature, which I suppose goes back to our basic need for self-preservation.
"But there is so much about Bermuda that is beautiful. My hope now is that, aside from the recommendations we make being implemented, that all of the people who live here, all the ethnic groups, find it in their hearts to love and respect one another and through joint efforts continue to preserve the Island.'' Justice Stanley Moore Don Dovaston
