Under-fire Police have `no plans' to launch case bungle inquiry
Police have no intention of examining what went wrong in the bungled case they made against a Canadian woman cleared of conspiring to import $150,000 of cocaine to Bermuda.
Puisne Judge Charles-Etta Simmons heavily criticised Police on Monday when she threw out the case against Paula Madill.
Mrs. Justice Simmons said Police testimony was unsafe because officers contradicted each other and even, on occasions, their own statements.
Before she instructed the Supreme Court jury to find Ms Madill not guilty, the judge dismissed Police evidence as "tenuous and vague''. The office of the Director of Public Prosecutions is embarrassed by the way the case collapsed when officers were cross-examined by the defence over the details of their evidence and how they obtained a key statement.
Acting Director of Public Prosecutions William Pearce confirmed the Crown will not be appealing the judge's ruling.
A legal insider told The Royal Gazette : "The Police have bungled it, it's as simple as that. That's self-evident from the judge's remarks. The DPP's office has been embarrassed.'' Another legal source said: "If I was the Crown, I would be writing memos all over the place about this case and I would want someone's a**. There should be an investigation into this. I would want to have things tightened up because this case was not handled properly.'' When defence lawyer Mark Pettingill cross-examined officers, it emerged that the Police note of an interview with Ms Madill and fellow Canadian Wayne William Maximchuk was inaccurate and misleading. Officers admitted the note, taken during an interview in the Mazarine by the Sea guest house in Pembroke on June 28 last year, gave the erroneous impression that Ms Madill, 34, was present during all of the questioning.
Ms Madill, of Calgary, Alberta, was sitting outside for some parts of the interview though no mention was made of this.
In addition, the majority of the questioning was directed towards Maximchuk, who was jailed for seven and a half years last month when he pleaded guilty to importing the cocaine.
The jury heard Maximchuk, 44, of Calgary, showed officers 28 pellets of cocaine which he had excreted and told them he had a further 50 capsules in his stomach.
Maximchuk, who was described as a professional courier, told Police that Madill had come along to "make him look good'' as he came off the plane and that she was to be paid at least $1,000. Mr. Pettingill criticised Police tactics when it became apparent that Ms Madill and Maximchuk were questioned for three hours at the guest house without a lawyer.
The judge's rules on questioning state that suspects can be "taxed'' for information at the scene of a crime, but that proper interviews should be conducted at a Police station in the presence of a lawyer.
It also emerged that although Police said they were searching the guest house, they questioned Maximchuk and Ms Madill for one hour and 16 minutes before the physical search began.
A Police spokesman said: "Right now we are really not prepared to question the decision of the judge in the case.
"They made a case and a decision was made. Right now there are no plans to make inquiries into this.''
