US Customs pre-clearance officers at the Airport enjoy diplomatic immunity from prosecution in local courts, a recent case reveals.

The arrest and charging of a US Customs officer for refusing a breathalyser was settled out of court after the US Government claimed diplomatic immunity for him.

Attorney General Walter Maddocks, who was asked for an opinion on the case, agreed. He cited Bermuda's 1980 Diplomatic Privileges Act which grants officers attached to the US consulate immunity from processing in Bermuda courts.

It is understood the case involved a Customs officer who refused the breathalyser test after being involved in a car accident with a Bermudian. No one was hurt in the accident which was described as a "fender bender''.

US consul general Mr. Joseph O'Neill said the officer was reprimanded for his conduct.

"Yes, he was officially reprimanded,'' Mr. O'Neill said, adding that without doubt the man "would have preferred to pay a $250 fine. A reprimand stays in your file forever.'' Mr. O'Neill said the US Customs pre-clearance team numbers 18. It includes six Customs officers, nine Immigration officers and two Agriculture officers.

The officers are considered "technical staff'' of the consulate general and thus fall under protections extended by the Geneva Conventions through Bermuda's Diplomatic Privileges legislation.

The protections are not as complete as that afforded the Consul General, who is deemed inviolate under the law along with his official residence and office. But the protections do prevent the officers from prosecutions in local courts.

When the US officer was charged following the accident, the US consulate claimed diplomatic privilege for him. Mr. Maddocks, when asked by the Police, conceded the point.

Mr. O'Neill said: "These out of court arrangements could not be accomplished without the agreement of the Government and the people of Bermuda.'' In the case of an accident, Mr. O'Neill said the US Government would like to settle it quietly within the Geneva Conventions and to "make sure retribution is made to anybody injured.'' He said US consulate staff and Customs pre-clearance staff "are advised to be extra careful and to take every precaution to avoid any incident in Bermuda.''