Lawyers welcome witness protection
Lawyers have welcomed overseas protection for witnesses to gang-related violence, but have questioned their continued safety.
As reported in yesterday's Royal Gazette, Acting Detective Chief Inspector Calvin Smith told a public meeting this week: "People are in the UK right now, who are witnesses to these shootings."
Det. Chief Insp. Smith said without witnesses and people coming forward, the Police's hands were tied in bringing offenders to justice.
He said in some incidents, only a handful of people had given statements from more than a hundred present.
Det. Chief Insp. Smith suggested there was a reluctance even in the Good Friday shooting of Kimwandae Walker in front of families on the Victor Scott Primary School playing field.
Yesterday, lawyer and Bermuda Democratic Alliance MP Mark Pettingill described the lack of public cooperation as "shocking".
"We have a real social problem when you've got the kind of statistics we have, when you've got 100 people kite-flying and the Police only learned the colour of the motorbike (used by the Walker suspects) last week.
"You would expect to get at least 60 or 70 Police statements after such an incident.
"This is shocking and embarrassing to us as a society, and is reflective of some deep-seated social issues."
He added: "Crimes are only solved by people making eyewitness statements.
"On the one hand the Bermuda public is jumping up and down, saying the authorities and the Police should be doing something, but on the other, they're not prepared to do anything themselves.
"But in a community like this you could really have a great impact on crime, if right-thinking people were prepared to come forward and assist Police."
On UK overseas witness protection, he said: "If it's warranted then I have to agree 100 percent, but how frightening is it that we have reached that point?"
Defence lawyer Charles Richardson said: "If that's what they think they need to do, fair enough. But what happens after the case is closed? Does the witness stay hidden in England, and if so, who pays for that?
"What happens if the individual is acquitted, does the witness come back to Bermuda? Does the protection continue or are they left on their own?"
Lawyer Rick Woolridge Jr. said: "I'm in full agreement with witness relocation. I think the "safe houses" in Bermuda make no sense."
However he said he felt even the countries to which they were sent should remain secret.
"Disclosing the whereabouts of prosecution witnesses in serious criminal matters is tantamount to passing on a death penalty," he said.
Lawyer Llewellyn Peniston said: "I do not agree with overseas relocation. What is it for? If you bring them back to give evidence what do you do with them after the trial? Do you send them away again?
"I am very saddened that the social conditions on this Island have been allowed to deteriorate to such an extent, that law-abiding citizens are fearful of coming to the aid of defeating criminal conduct.
"A climate of fear has built up to such an extent that we now have to consider exporting people who want to assist the law and exporting people to foreign prisons for incarceration."
Public Safety Minister Sen. David Burch was off-Island and unavailable for comment yesterday.
But Attorney General Kim Wilson said: "Government will be introducing in this term, the Justice Protection Bill, which seeks to address the issue of witness protection in certain matters."
Governor Sir Richard Gozney said: "The safety of witnesses before a trial is an operational matter for the Bermuda Police Service, and one in which the Attorney General also has a clear interest."
The Bermuda Police also declined to give further details on the scheme and the numbers involved. A spokesman said: "We have nothing else to say on the matter."
Shadow Public Safety Minister Michael Dunkley said: "Witness protection is a huge challenge in Bermuda because of threats and fear. We will support anything we can do to alleviate that.
"We have got to break the wall of silence."
