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Police Complaints Authority backlog reaches back as far as 2008

Deputy Commissioner Mike Jackman

The independent board which investigates complaints about police officers has yet to resolve grievances lodged by members of the public as long as four years ago.The Police Complaints Authority (PCA), which is without a chairman, has previously admitted having a large backlog of unresolved complaints and new figures obtained by The Royal Gazette reveal that some date back as far as 2008.The authority itself did not respond to questions posed by this newspaper about its current caseload.But Deputy Police Commissioner Mike Jackman revealed the volunteer PCA, which has an annual budget of $20,000, was handling 24 active investigations into allegations of police misconduct.He said two of those were lodged in 2008, three in 2009, four in 2010, six last year and nine this year.Aggrieved members of the public, including an overseas visitor, told The Royal Gazette they’d filed complaints and never had an acknowledgment from the PCA, after months of waiting.US citizen Carol Parkman alleged last July that Pc Robert Butterfield intimidated her after she staged a street protest about a court decision.She received a letter from Mr Jackman in January to say a file was passed to prosecutors, who decided criminal charges were not appropriate.Mr Jackman told this newspaper all civilian complaints were forwarded to the PCA but Ms Parkman said she had yet to hear from the board.“There was no follow-up,” she said. “There was a witness but I don’t even know if the witness was contacted.”Troy Smith made an allegation of police brutality against Pc Richard Geraghty in July 2010 after an altercation outside his family home in Spanish Point.Prosecutors decided not to press charges in that case and the matter went to the PCA. Mr Smith’s stepfather Richard Robinson said he was not aware that his stepson had received any correspondence from the board since.Community activist Carlton Simmons made a complaint of assault against an Acting Sergeant Wang Sonson in July last year. He said: “There has been no official resolution to date that I am aware of.”Mr Jackman would not comment on those cases and efforts by this newspaper to find out where the investigations stood proved fruitless.Acting PCA chairman Will Francis has been off Island in recent weeks and his fellow authority members Andrew Bermingham, Michelle Simmons, Barrett Dill and Winston Esdaille wouldn’t comment in his absence.Former police chief inspector Mr Esdaille said only Mr Francis could answer questions.Mr Francis, upon his return to Bermuda, said on Tuesday he would need to speak to board members before responding. He did not reply to e-mailed questions by press time last night.The board, which has a part-time administrative assistant who is also a long-standing police reserve, complained in its last annual report of a “lack of resources and administrative support”.Government stated its intention in last year’s Throne Speech to “modernise the police complaints mechanism so as to improve the effectiveness” of the PCA.It said: “The plan is for the authority’s investigative resources to be strengthened and it is anticipated that retired police officers will be called upon as needed.”National Security Minister Wayne Perinchief had previously admitted improvements were needed to shake-up the police watchdog, which receives on average about 50 complaints a year.After the Throne Speech in November, he promised additional resources.But this year’s Government Budget, released in February, allocated the PCA $20,000 — the same amount as the previous year.The Budget stated new measures were being implemented to enable the board to achieve its performance goals of closing 90 percent of outstanding files prior to 2010 and resolving complaints within two to three months of receipt.Former board chairman Michelle St Jane said yesterday that $20,000 was “definitely insufficient” for the PCA to operate effectively.She said the board needed a “hands on, knowledgeable director” even if the role was part-time.Ms St Jane suggested using retired BPS officers to investigate complaints against their former colleagues could prove problematic.“Other jurisdictions, i.e. the UK and New Zealand, found [an] impact on credibility, so used retired customs, military [officers] etc as a resource,” said the lawyer and PhD student.Youth on the Move president Mr Simmons, who stressed he was speaking in his capacity as an activist and not as a Corporation of Hamilton alderman, said of the $20,000 budget: “That level of funding is arguably unacceptable, given the stakes, in my opinion.”He added that the PCA was a “very important organisation,” particularly in light of extended stop and search and firearm powers given to police in recent years.“In its current state, the PCA does not measure up to its responsibilities,” he said. “In my opinion, it should be strengthened considerably and made completely independent.”Governor George Fergusson, who appoints the PCA, said he understood the bulk of the board’s backlog of complaints was cleared a couple of months ago, adding: “It’s much better than it was before.”Mr Perinchief did not respond personally to e-mailed questions but a spokesman for his Ministry, which allocates the board’s budget, said: “Open investigations and the completion of them is a matter for the PCA.”The spokesman added: “Two retired officers have been identified as potential investigative resources for the PCA and it is proposed to engage them on terms similar to those employed in the examination of cold cases within the BPS presently.“The Ministry has preliminarily discussed the means of funding these investigators without having to increase or overspend the $20K allocation in this fiscal year.”He said there were no concerns about a conflict of interest with the retired officers or the administrative assistant.The PCA’s last chairman was attorney Anthony Whaley.He was appointed on March 16, 2011 for three years but appears to have resigned after less than a year.Asked why he quit, he said in an e-mail: “There really is nothing to share.”Mr Fergusson said: “We are quite a long way down the path towards appointing a new chairman.”Deputy Governor David Arkley said: “As with many important appointments, the chair of the Police Complaints Authority appointment process has taken some time.“A candidate is under consideration but, at this point, we cannot say when an appointment will be announced.“In the meantime, the remaining members of the PCA, under the acting chairmanship of Mr Francis, continue to fulfill the functions of the authority.”The Ministry spokesman said: “The PCA is functioning and the Minister’s views have been sought on the appointment of a new chairman. However, this is strictly a matter for HE the Governor.“Members of the public continue to avail themselves of the PCA and its investigative functions and those persons who have complaints can expect them to be dealt with professionally and efficiently.”* Have you made a complaint to the PCA about the conduct of a police officer? Were you satisfied with the way it was handled? E-mail sstrangeways@royalgazette.bm or call 278-0155.