Two female Police officers are preparing to sue the Service for sexual harassment and discrimination, plus breach of their human and constitutional rights.

The news was revealed by their lawyer, who believes the Commissioner of Police is attempting to intimidate the pair over their claims.

As The Royal Gazette first revealed last month, Commissioner Michael DeSilva issued a Supreme Court summons on August 20 against the officers, who are his ex-wife Susann DeSilva and Sergeant Eulene Nurse.

The pair have been off sick for around a year, and the summons claimed they had refused to let the Commissioner see their medical records.

Giving an update on that case, lawyer Amanda Mochrie from law firm Trott and Duncan, who represents both women, said: "The summons brought by the Commissioner was withdrawn. The reason for this is that my clients were never asked to sign an appropriately worded consent to release their medical records.

"The Commissioner and Attorney General have known that Trott and Duncan represent Nurse and DeSilva in relation to a very serious claim that they are about to file in the Supreme Court against the Bermuda Police Service for some time."

She added that "my clients have very substantial claims for personal injury," and said her clients' causes of action that would be set out in the writ would be sexual harassment, sexual discrimination, breach of human rights and breach of constitutional rights.

The writ would be against the Bermuda Police Service and would be issued shortly.

Ms Mochrie said she believed the Commissioner's August 20 summons was intended to intimidate her clients.

She explained that the two officers have been off sick for around a year as a result of the situation that sparked their claims. She was not prepared to discuss the details of that case until the claim is issued. However, she took exception to the way the medical records issue was handled by the Police service.

"No one ever contacted this firm to ask for release of records. Instead my clients were apprehended on their doorsteps and asked to sign a piece of paper which they were not allowed to read or take a copy of. Naturally they refused. As soon as our clients received an appropriate request to release their medical records of course they agreed," she said.

"A decision permitting release of our clients' medical records in the manner suggested by the Commissioner of Police and the Bermuda Police Service would amount to a serious invasion of the privacy rights of Bermuda's citizens."

Ms Mochrie said the summons issued by the Commissioner will still be the subject of a Supreme Court hearing.

"The Commissioner's summons will be listed for a hearing later in the year when there will be an argument on whether he should pay my clients' costs as the application was unnecessary — and in addition the court has no jurisdiction to order release of a person's medical records to their employer, certainly whilst no proceedings are before the court," she said.

She added: "My clients approached the Police Association for assistance, but have not had a response."

According to The Royal Gazette archives, P.C. DeSilva has served within the Bermuda Police Service for at least seven years. Sgt Nurse has been with the service for around 12 years, mainly working in the east of the Island. Her husband is also a Police officer.

A third female officer was named on the original summons in the medical records case. However, she has nothing to do with the claims being pursued by her colleagues P.C. DeSilva and Sgt. Nurse and The Royal Gazette understands the issue has now been settled, apart from legal arguments over costs.

The Commissioner was invited to comment on the allegations made by Ms Mochrie. A spokesman responded: "The Commissioner is mindful that this is a civil matter waiting to be heard by the court. As such, it is inappropriate to make the details of the case public before the court has had a chance to hear all the evidence in the case. Accordingly, the Commissioner will not be divulging any evidence to the media on this matter."

Inspector Grant Tompkins of the Bermuda Police Association said: "The Police Association continues to support all its members but we cannot get involved in public comment on individual cases."