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Cost concerns raised over witness protection scheme

Sending vulnerable witnesses in criminal trials overseas with new identities could prove extremely expensive, according to opposition MPs.

Both the United Bermuda Party and Bermuda Democratic Alliance spoke in favour of plans for a witness protection programme in the House of Assembly on Friday — but the two parties urged Government to keep an eye on costs.

Shadow Attorney General Trevor Moniz said: "It could get expensive very quickly. Clearly on this side [of the House], we would like to see the cost retained at a minimum for the programme to be effective and for it to be very carefully policed."

BDA MP Shawn Crockwell said: "The concern that we would like to raise today is how this programme will be financed. We have looked at other programmes around the world. In Honduras they had one and it became prohibitive in terms of costs."

Junior Justice Minister Michael Scott said he took on board the observations and assured the House that a close watch would be kept on expenses, which will be paid for from the Consolidated Fund, Government's main bank account.

The MPs were debating the Justice Protection Act 2010, which aims to make witnesses less afraid of giving evidence in serious court cases by sending them to other British Overseas Territories before, during and sometimes after a trial.

Equally, vulnerable witnesses from the territories involved in the scheme — Anguilla, British Virgin Islands, Cayman Islands, Montserrat and Turks and Caicos — will be able to come here for the duration of a court case or to start a new life.

Mr. Scott, who presented the bill to MPs, said it did not limit the Island to only making arrangements for witness protection with those countries listed.

"In practical terms, in considering any application from a designated territory for the relocation of a participant from that territory to Bermuda, the prospective participant will have to undergo the necessary threat and risk assessments in order to satisfy the criteria for entry into the programme as detailed in the bill."

He said the programme would provide the Island with "a vital tool in the fight to ensure that the integrity of the justice system remains intact and to engender on the part of the public the confidence necessary for the effective prosecution of offences".

The scheme will be run by two units — the Justice Protection Administrative Centre and the Police-led Justice Protection Investigative and Protective Agency.

Those offered a new identity will have to meet certain criteria, said Mr. Scott, and will sign an agreement with Government in order to be given protection. They will have to refrain from disclosing their former identity unless the centre gives permission.

Mr. Crockwell said the legislation underscored the fact that Bermuda was "becoming less like another world and more like the rest of the world".

"We are certainly pleased to see the legislation. Back in 2006, the Government promised such legislation in their Throne Speech. Many of us have been calling for it for some time."

He pointed out that the legislation allowing people to be given new identities would only be used in "extraordinary and extreme cases".

He said many people wouldn't be prepared to start a new life somewhere else and that, as such, the bill would not have a significant impact on witnesses to serious crime being reluctant to come forward.

"People still have this sense of intimidation, this sense of concern. We have to continue to explore other viable measures."

Shadow Health Minister Grant Gibbons asked if similar legislation was being tabled in the other territories and Mr. Scott advised him that it was "even as we speak".

Junior Public Safety Minister Walter Roban said: "I don't think the significance of this bill can be underestimated, simply because of the work that it has taken to get this framework to be real.

"It took agreement throughout the family of dependent territories to create what can truly be a witness protection framework. This is one of those seminal pieces of legislation."

The bill passed unopposed.