A police sergeant has claimed he was the victim of “bullying and unlawful tactics” by two senior officers after he was placed under investigation for alleged wrongdoing.

Now Sergeant Mervin Homer has launched legal action for damages in the Supreme Court over the seizure of his personal mobile phone by the two officers in February.

He claimed in an affidavit read in court by his lawyer, Victoria Greening, at a hearing in March that the officers demanded he hand over the phone or face arrest.

Sergeant Homer said in the document: “I repeatedly asked to seek legal advice and speak to a lawyer before I made a decision about whether to hand over my personal cell phone.

“I was repeatedly told I could not leave or speak to a lawyer.”

Puisne Judge Shade Subair Williams granted permission for a judicial review of the Bermuda Police Service’s decision to seize the phone.

A hearing to determine the next steps in the civil proceedings is scheduled for next Thursday after which the BPS may file a response.

Sergeant Homer, who has worked for the BPS for 12 years and was earlier an officer in his home country of St Vincent, has also filed an internal complaint with the service’s Professional Standards Unit about his treatment by Chief Inspector Grant Tomkins, who recently retired, and Detective Sergeant Joel Braithwaite.

He alleged in the affidavit: “CI Grant Tomkins bullied me and his tone was aggressive. Further, DS Braithwaite said to me: ‘Homer, hand over the phone’.”

Sergeant Homer has still to get an official response to his complaint, which was submitted last month.

But his phone has been returned.

The investigation into Sergeant Homer centred around whether he committed disciplinary and/or criminal offences in connection with the way he handled a road accident on October 28, 2018. He was under suspicion of refusal to do his duty as a public officer.

The officer said he was interviewed by Mr Tomkins and Sergeant Braithwaite at a meeting on February 17, when his phone was handed over in response to their demand.

He was later interviewed under caution, with his lawyer present, about the case by officers from the Financial Crime Unit.

Sergeant Homer said in his affidavit it appeared from the questions they asked that the “alleged link of criminality” was owing to a WhatsApp message allegedly sent by his police partner, Police Constable Nicole Outerbridge, to another colleague, Pc Lakila Hart, about the accident investigation which said: “We are going to let this ride”.

Pc Hart has been charged in Magistrates’ Court with a string of criminal offences, which she denies, including offering to supply drugs to another person, unauthorised access to police records and instructing a colleague to collect unauthorised police information.

She is suspended from duty.

Pc Outerbridge was charged in Magistrates’ Court last month with unauthorised access to police records, failure to keep confidential information and giving false information about Pc Hart.

She denied the charges and is also understood to be suspended from duty.

Sergeant Homer’s case is not related to the criminal charges faced by the two female officers, who are due back in Magistrates’ Court on September 14.

He said in his affidavit he “followed all police procedures when investigating this accident” and there was “no basis” for him to be investigated.

He added: “For the avoidance of doubt, I know nothing about any comment that Police Constable Nicole Outerbridge may have made or why.

“I maintain my position that I followed all protocols throughout the investigation and closed it accordingly. I am of the view that these investigations against me are specious and unfair and amount to bullying and unlawful tactics.”

Ms Greening was told on July 1 that her client would not face criminal charges and that the internal conduct case was due to conclude “imminently”, although she has heard nothing since.

Sergeant Homer said in his July 14 complaint that a few days after the meeting with Mr Tomkins and Sergeant Braithwaite, he tried to file a complaint against the two officers with the PSU, but was told by a professional standards officer that he was not allowed to because he was a police officer.

He said after his lawyer wrote to the BPS to highlight it was unlawful to stop an officer making a complaint, he was told he could file his grievance.

A BPS spokesman said: “Officers wishing to make a complaint against a colleague officer can access either the grievance process or the internal standards process.

“With regard to Sergeant Mervin Homer, enquiries into this matter remain ongoing. As such it would be inappropriate for the Bermuda Police Service to comment at this time.”

Asked if the ongoing inquiries were related to Sergeant Homer’s alleged wrongdoing or the alleged bullying and unlawful tactics, the spokesman said only “that information is still being gathered”.

• Sergeant Mervin Homer declined to comment for this article

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