Log In

Reset Password
BERMUDA | RSS PODCAST

Lawsuit threatened over Customs' search

A local woman has claimed that she was exploited by Customs officers after being subjected to a full body search and medical X-ray.

And the 33-year-old woman, who wished to remain anonymous, told The Royal Gazette she was seeking legal action.

She returned to the Island around 7 p.m. last Monday on the American Airlines flight from New York, where she had been shopping and visiting her aunt for four days.

After collecting her baggage, she was directed to HM Customs area in the airport, where an officer checked both her suitcase and her purse for contraband.

Despite finding nothing in her bags, the Customs officer then called over a female Customs officer to escort her to a room where she was informed that she would be subject to "a personal search'' and she would have to remove her clothing.

The woman said she told the officers that she did not want to be searched, but she complied. She said she had nothing to hide.

Upon searching the woman's body and clothing Customs officers found no drugs on her.

"The Customs officer who had searched me then looked at my passport and began asking me how is it that I had travelled to so many countries and how I had gotten the money,'' the woman said.

She also said the officer also asked her what type of work she did, where she worked, if she was travelling with anyone, and how much money she had taken to New York.

The woman said she could not understand what had prompted the officer to interrogate her so extensively.

"I have no previous drug history or drug convictions,'' she said. "I am innocent victim who loves to travel.'' Her "nightmare'' continued when the officer informed her that she would be escorted to King Edward VII Memorial Hospital by Police for an extended search.

Arriving at the hospital with two Customs officers, the woman said four other Customs officers were already there waiting for them.

She said a doctor then took numerous X-rays of her stomach.

The results, which did not reveal any drugs in the woman's system, were then given to Customs officers.

But the woman claimed that the Customs supervisor was still persistent on finding drugs on her, and asked the doctor if there were any other procedures that could be carried out to find drugs in a person's body.

"She did not want to take no for an answer,'' the woman said.

But when the doctor said there was nothing else to do, she was released at 10.30 p.m.

The woman noted that "only'' a Police officer apologised to her and no one offered her a ride home.

"Alone, in the dark, I lugged my suitcase down to Crow Lane to catch the bus home,'' she recalled.

Some four hours later she arrived at her home where her five children were very worried and waiting for her.

"The person who was there to pick me up at the airport, didn't even know what had happened,'' she said, adding that the person believed she had missed the plane.

"I was not allowed to make one phone call, even to let my kids know that I was OK,'' she noted. "They took all my rights from me and treated me badly.'' But Collector of Customs Gerry Ardis said individuals were not subjected to a personal search unless Customs officers had reasonable cause.

"There are a multitude of reasons that would cause us to conduct a personal search,'' he said. "We may have received information about a person, or have noted various precursor indications both physical or behavioural.'' However, Mr. Ardis said the reason for personal searches was not disclosed to the individual. And he said persons who were about to be searched did not have the right or opportunity to make any phone calls. "The only right they have is posted in the airport,'' Mr. Ardis explained. "They have the right to go before the Collector of Customs, or his representative which would be the supervisor on duty, for him to make the ultimate decision as to whether or not to search the individual.'' A person who refused to be searched would be held by the Police for obstruction and eventually searched anyway, he added.

Pamphlets with guidelines on filing a complaint against Customs are available at Customs' Front Street office.

The pamphlet states that if the a person is still not satisfied after making attempts to resolve the problem on the spot, they can submit a written complaint and a reply will be issued within 15 days of receipt.

And if the complainant still is not satisfied, the case will be reviewed again.

Mr. Ardis added: "Customs officers can search anyone, anything, at anytime.

The law requires us to do that.''