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BERMUDA
a population of about 65,000,but 
the most police officers per head of population in the world.  
Why?

September 1999

Police Manipulation of Offences

Prosecutors too often "water down" robbery charges to mere theft charges, a Magistrate has claimed.

Magistrate Edward King spoke out as he remanded 24-year-old Shannon Looby until Tuesday when prosecutors are expected to present new charges.  Mr. King said prosecutors should change two charges each of stealing, threatening behavior, and possessing an offensive weapons to two counts of robbery.

Police arrested Looby on Thursday evening in relation to two thefts at two supermarkets just an hour before.

But Mr. King told Police prosecutor Sgt. Phil Taylor: "I'm not telling you what to do. But you can come back and decide what you're going to do with this."

"This is watering down two offences into six," he added. "That ain't right. I'm not afraid to do what I have to do. I think the charges should be laid properly or not at all!"

Comment:  Go get 'em judge.  But instead of telling the police what to do, why not add a little spice; think laterally.  Ask them why they are doing it.  It's all about putting the other man on the spot, seeking an explanation.  Odds on they will dig themselves deeper in it.  Are the police perpetrating a deception?  Do they receive the kudos of 6 'cleared up' crimes, or is it simply that the defendant is likely to plead guilty to the lesser offences, albeit more of them - are the police that unsure of themselves that they fear prosecuting for the appropriate offences?  tends to undermine the evidence does it not?

Heroin Importer on trial

The trial of a man who almost died in mid-air from a drug overdose came to an abrupt halt yesterday morning after a female juror fell ill.

Puisne Judge Philip Storr told the 11 jurors present at the start of the session a juror was hospitalised on Tuesday evening and she was not due back until yesterday afternoon.

Floyd McCoy Hayward, 45, of Friswell's Hill, Pembroke is charged with importing 81.5 grams of diamorphine (heroin) on a British Airways flight on April 9.

Fine Drug Using Cruise Ship Passengers

Two cruise ship passengers yesterday faced fines for possession of cannabis after being caught in separate incidents on the same day.

Karen Joy Alweis was found with 4.53 grams of the illegal drug when Customs officers searched the Zenith on Monday. They also found a drug pipe.

Alweis, a 43-year-old housewife from Fort Salonga, New York, was fined a total of $500 after pleading guilty in Magistrates' Court to possession of a controlled drug and possession of drug equipment.

Comment: small beer.  A tip off, or a crack-down?  I dount the ship's security tipped the police / customs off - but it does happen.  When you are out of your cabin room, who has access ....

August 1999

Allegation of Murder against Justis Smith

Last December, Puisne Judge Vincent Meerabux, said Smith should be acquitted after deciding there was an abuse of process and insufficient evidence to go before a jury.  Rebecca Middleton, 17, was founded raped, tortured and stabbed to death at Ferry Reach on July 3, 1996.

It is understood the Privy Council in London could notify lawyers as early as next month of a hearing against a Bermuda Court of Appeal decision that Smith must face another trial for the alleged killing of Canadian teenager Rebecca Middleton.

Comment: A travesty of justice and an example of Bermuda police incompetence.  See: Boycott Bermuda

Heroin Habit

A Southampton man with a $700-a-day heroin habit will spend the next eight months in prison after pleading guilty to four counts of stealing.

Mallory, of Lighthouse Hill, was imprisoned to two six-month sentences for stealing a livery cycle and a case of Gosling's Black Seal Rum from a Cosmopolitan Liquors truck on the same day.  Mallory got away, but he was later arrested for the offences and breaking into Bersalon.  Mallory told Police he had a "$700 to $800 a day heroin habit" and helped recover some of the stolen goods.

The Magistrate said: "These are two particularly serious offences, I give you credit for your assistance to Police and your frank admissions."

Comment: serious offences ???  So who was supplying him with the drugs, or is that not a serious offence?  Yet another addict on the tiny island.  

An Opposition MP has called for a Police Task Force to crack down on gangs dealing drugs in Admiralty Park.  The MP said, "The drugs dealers are winning the war. It's time to take back our park."

Round-the-clock drug dealing, swearing, vicious dogs, prostitution and fights just yards from CJ's summer kids camp occur.

Two raids on the area in the last four weeks and regular patrols wasn't enough said Mr. Pitman, "The dealers are sophisticated and have surveillance equipment so it's a very tricky situation.

Mr Pitman has written to Government Information Services Minister Terry Lister, Police Commissioner Jean Jacques-Lemay, and Acting Parks Director Candy Foggo to set up a meeting about the problem.

"We had a meeting last November with the Police about the drugs problem and we were expecting great things, but not a lot has been done," he said  

A park user said: "There are cars and trucks going in and out all day long, stopping for a couple of minutes to make the deal and then shooting off.  What amazes me is the amount of work vans I see going in there which means people are buying the drugs while on the job."

Comment: same old places, no doubt the same old faces.  Admiralty Park was always a good 'hunting ground'.  Can the police really not control the 65,000 occupants, despite having the highest number of officers per head of population in the world?

An attack on the independence of non-party senators is an assault on democracy, Opposition leader Pamela Gordon said yesterday.

Ms Gordon claimed: "What we have is a Government where this new Bermuda is not a democracy, but totalitarianism.

"They're looking at a dictatorship. If anyone questions what they want to do, they try to remove them."

Comment: Congratulations Pamela, I can't say I'm surprised nothing changed in 10 years.  Maybe someone will listen to a Bermudan.  

A former Policewoman who claimed her career was shattered due to sexual harassment from a senior ranking officer, has taken her story beyond Bermuda.

The former officer, Ellen Miller, who quit the Police two years ago, believes Bermuda as a whole and the Police Service in particular will suffer a blow when the story is read by thousands in the US, UK and possibly the West Indies.  Former P.c. Miller has accepted an offer from a North American writer to reveal her story.

"It's been two years and my case still hasn't come up. They keep prolonging it and although I'm tired and fed up I will not be backing down.  Other officers stalked me, tried to intimidate me and I was very stressed," she said. "The Police doctor told me that the stress was affecting my health."

She also claims the harassment invaded her personal life, that her phones were tapped and that she was stalked by detectives in the special branch section. Mrs. Miller has not been employed in the two years since she left the Service.

Apparently, there was currently no officer of a high enough rank within the Police Service to handle the matter at the moment. Mrs. Miller said she was told by Police that the matter has been handed over to the Public Service Commission (PSC).

But Judith Hall Bean, secretary to the PSC, said the matter would not be heard by them as the PSC are the appeal body and would not be able to hear the original case.

Police Commissioner Jean-Jacques Lemay last night admitted that the PSC would not be handling the matter. He said the investigation was complete and explained that there was only one person left in the Service who can sit as the presiding officer in the hearing.  However, the officer is currently overseas on a course,  expected back in mid September.

Comment: Good luck Ellen.  It is only a matter of time.  In my case, the Commissioner has lied about the investigation and brushed it aside in the hope it will go away.  You are much closer to home and it will not be so easy for him to avoid the issue.

By the way, how is Larry Smith?

Former Policeman pleads not guilty

After more than two years of investigation a former Policeman, Saleem Tony Bukhari, denied four counts of manslaughter in the death of former Royal Gazette sub-editor Liz Cadell.

Ms Cadell - as Bukhari, is British - was found in her Harvey Hill Road, Devonshire home on May 31, 1997.  She had swallowed 150 aspirin.

Bukhari denied the charges:

• that as a Policeman, he failed to provide the "necessities of life" to Ms Cadell, which caused her death.
• he failed in his duty as a result of their long-term relationship to provide the necessities of life, was also denied.
• that after "undertaking to advise" Ms Cadell on a dangerous or life-threatening matter and by having "reasonable skill", he failed to take "reasonable care" in that advice.
• that after assisting Ms Cadell, he failed to provide the same reasonable care in that assistance.

Tony Bukhari served in the Bermuda Police Service from 1990 to the summer of 1997 when he was dismissed. Ms Cadell came to Bermuda in 1989.

Tony is defended by Delroy Duncan and is free on $5,000 bail.  he will return to court on October 1, the trial is provisionally scheduled for October 11.

Comment: He has a good lawyer in Delroy but should not need him.  If the Bermuda police investigation is up to the usual standard, I would suggest they by-pass the trial and go straight to appeal.  The case is tainted with the involvement of Socky Adams and therefore doomed.  Much will have been over-looked, Adams will not have paid attention to detail and his prejudices can only serve to make the entire force appear unprofessional.  How excited Socky must have been to have another police officer to investigate.  Don't forget to check his pocket book and the computer entries.  Bermuda's finest - now that's what I call a Police Farce. 

Golf Club Cocaine continues

Two men convicted of importing cocaine received 13 years imprisonment

We await the appeal

Lang Onley accused of conspiring to import cocaine told Det. Con. Alex Severin it was one of many other shipments of cocaine-laced golf clubs due to arrive in Bermuda.

Richard Ricardo Steede, 39, of 12 Kitty's Lane, Hamilton Parish and Onley, 40, of 12 Harvest Lane, Hamilton Parish are charged with conspiring to import cocaine, handling the same drug, and possessing with intent to supply cocaine with a street value of $138,000.

James Lambert - a former employee of Mid-Ocean Club - testified he was asked by Steede if there were ways of using golf clubs to import drugs into Bermuda. Mr. Lambert said he did not want to put his job at risk so he only discussed how to import cocaine in golf clubs with Steede.

Det. Con. Severin said Mr. Lambert was afraid of being killed and he was reluctant at first to give a statement.  "Information during the Police interview with James Lambert suggested that he was not involved in the importation of the 16 golf clubs," said Det. Con Severin.

Det. Sgt. Dennis Gordon was the officer-in-charge of the drug bust as Police surrounded Steede's residence, but Steede eluded them.

Comment: Nice to see Alex Severin still in Narco, nice chap (when he wasn't having to sort out the physical confrontations with the mother of his child).  But Dennis Gordon?  It was said of Dennis that he couldn't find his arse-hole with a mirror and a magnifying glass.  The Gordon school of interview was based on the ability to shout louder than the other party and to intimidate - 'get in your face'.  God forbid Bermuda ever progresses to tape-recorded interviews.  A dinosaur who whose statements should commence 'once upon a time'.  Poor old Alex, I suspect his arrest record is none too impressive, not the most imaginative or productive of souls.  I do hope he has not been dragged into a charade by Dennis.  Onley & Steede, now there's a couple of names from the past.  Do the Narco' department really think the  Bermudan jury is that stupid; Lambert not involved in the importation - on the say so of one of the defendants?  All pigs fueled and ready for take-off ... 

Police probe cash theft from security firm

Police are investigating the theft of a "substantial" amount of money (close to $300,000?) from a local security firm after an anonymous source yesterday revealed that Safeguard Security Services was the victim of theft recently.   The security company boss, Paul Field, was unavailable for comment.

Comment: Paul Field, former Bermuda Narcotics sergeant also having business interests in a parcel / courier company.  It was always reported that he and the former Commissioner, Clive Donald, were in the same Masonic lodge.  Hardly surprising then that an attempt was made during my service to keep me 'in check' by arresting (detaining - no official record will exist) my Bermudan girlfriend when, using Paul Field's courier service, she sent $300 cash to her father in the US.  Clearly the letter was intercepted.  This sending of a birthday gift, constituted a currency exportation crime.  The young lady was made to attend the Narcotics office where, in my presence, it was made quite clear no further action would be taken.  The matter could, of course, be reconsidered.  Nice people!

Golf clubs used to import drugs - claim

16 golf clubs were used to import more than a pound of cocaine valued at $138,000  Richard Ricardo Steede, 39, of 12 Kitty Lane, Hamilton Parish and Lang Onley, 40, of 12 Harvest Lane, Hamilton Parish stand accused of conspiring to import cocaine, handling cocaine, and possession with intent to supply cocaine.

The drugs are said to have been brought into Bermuda by courier service, Fed-ex, between March 28 and 31, 1998. the clubs arrived by Fed-Ex courier services at the airport. 

Comment: More cocaine for this tiny island.  That's some habit.

Bank named in Miami money laundering case

Bank of Bermuda senior vice-president Danny Fox said: "We are unable to comment on the specifics of this case as we are not involved as a party." and added, "We have very strict anti-money laundering procedures in place. Bank of Bermuda acted properly in every way regarding this transaction and this has been recognised by both the Bermuda Police and the FBI."

July 1999

Tourism crimes

Tourism Minister David Allen's plea is for the public to help in fighting crime against visitors following the recent spate of crimes against visitors.  These range from "the sadly almost mundane burglaries of tourism accommodations and, more recently, the handbag snatch from a horse and carriage which resulted in a visiting couple experiencing a terrifying and potentially life threatening ride" said the Bermuda Gazette.

Police patience

Police officers  long-awaited pay increases are set to be delayed for up to two months.  Their new deal is likely to be in place just before pay negotiations for the current year starts in October.  Police Association chairman Sgt. Mike Jackman said: "I know people will be upset and disappointed at any delay.

Police make headway on unsolved murders

DETECTIVES have revealed they are close to cracking up to four unresolved murder cases, some of which date back more than 15 years to the early 1980's.

In an exclusive interview with the Bermuda Sun yesterday, police said they were confident of getting closure on three or four crimes "pretty soon" and that relatives should never give up hope that attackers will be brought to justice.

According to Mr. Daniels the Bermuda Police Service has a murder solving success rate of 70 per cent -- in other countries, he says, the average is around 65 per cent.

Comment: no one should belittle good police work, but let's hold back on the praise a little at this time.  The suspects have yet to be arrested, prosecuted and convicted.  The police service may have a good success rate but their ability to keep people locked up is appalling.  Successful appeal after appeal is testimony to that.

And just who are the Bermuda service comparing themselves to?  With a population of 65,000 and a police service of no less than 400, one in every 162 people you see on the island is a cop!  This is the highest average in the world.  Bermuda solves just over 1 in 3 murders - not very comforting.  Has anyone asked which countries the figures were compared with; why the island has such a murder problem; why, with such a high concentration of police officers, a third of murderers are walking the streets?

Drugs in prison

Shadow Home Affairs Minister Michael Dunkley has urged the Government to stamp out the movement and use of narcotics in the Island's penal facilities which, he said, are hampering efforts to rehabilitate prisoners.

Comment: so this is the state of things.  Even behind locked doors, in a secure environment on a small island, narcotics are rife.  I do not recall this being such a serious problem, evidently things have gone down-hill.

Police Recruit Arrested

A police recruit was arrested and placed in handcuffs as she paraded for duty as fines from 2 years ago remained unpaid. Tomeeka Talbot has agreed to pay some of the fines but denies a few of the charges and these will be heard in Court during October 1999. The lady will be continuing her training as a police officer despite one of the fines relating to ‘making a false statement’.

Comment: it was only last year we were being informed of recruits who were unable to make the grade continued to be employed. Now those who flout the law are being given uniforms and powers above those of the law abiding. Just how did this ‘officer’ manage to pass the selection process? Is Bermuda’s recruitment program so relaxed that previous convictions are not requested? Or is the converse true; the entrance application asks the question? Assuming the convictions were disclosed, who failed to take these into consideration, or turned a blind eye? If they are asked for, but not disclosed, then there exists a far more serious situation.

For those not familiar with the Theft Act, it is a criminal offence to obtain a Pecuniary Advantage by deception. In this instance, if there exists a misrepresentation on the application form, it appears the offence has been satisfied; a job (work – salary paying) had been obtained as a result of the non-disclosure which (had the convictions and outstanding fines been disclosed) would have been declined.

Of course, there are some obvious defences; the police force does not ask the obvious question about convictions and fines; the police service employs anyone – irrespective of avoiding penalties imposed by a Magistrate – the very people they will be looking to for understanding when presenting evidence

Another high ranking Officer quits

Comment: with so many Officers leaving and only 4 Superintendents in the police service, it looks as though the future top jobs are to be shared among them. No incentive for the parties concerned to do other than sit back and wait.

Bermuda's `dark side' on TV (Canada)

The Cable company’s web site can be located at: http://www.aande.com/index2.html

June, 1999

A cruise ship worker admitted two counts of handling more than $200,000 worth of cannabis and cocaine. Dwight Wright, 28, of Spanish Town, Jamaica, changed his plea on the second day of his trial. His defence lawyer was Richard Hector.
Apparently, staff colleagues on board The Norwegian Majesty cruise ship discovered the cocaine and cannabis (in a mineral water box in the ship's holding cell, for which Wright as chief bell boy, was responsible) while the vessel was docked in St. George's last September.

Wright received 7 years imprisonment. Apparently, Wright cooperated with the Police, "telling them everything" and in assisting in attempts to apprehend the other players in what came to be known as Operation Bermuda Triangle.

COMMENT: there must be more to the story than this! Just because you are responsible for an area does not mean you are the only person who has access it. Note no other persons were appearing with Wright, despite his apparent assistance. 

June 1999

Lemay admits Police morale is low

Finding a Bermudian Police Commissioner and Deputy Commissioner has been hampered by a lack of training under the old regime.  The Commissioner said part of the problem with finding suitable Bermudian replacements for the top posts was that under the old system, there never was a learning environment.

This was just one of the reasons Police Commissioner Jean-Jacques Lemay gave for low morale within the force.  Working without a contract in poor conditions with a shortage of staff could also be contributing to the low morale issue, Mr. Lemay admitted.  He was commenting after a former female police officer complained to The Royal Gazette about a number of concerns with regard to the status of the Police Service and the conduct of its officers.

And two other former male officers echoed her sentiments with one adding: "Morale is at the bottom and plummeting."  Reasons given included; lack of support from superior officers, abuse from members of the public, and very poor working conditions.

One of the former officers said: "It was the worst feeling in the world being out on the street because you were facing a hostile public but also had to worry about your superiors stabbing you in the back."

He explained this comment by saying that the superior officers seemed to feel that in order to justify their position as supervisors, they had to come down hard on constables.

Mr. Lemay identified four reasons why morale is low.

• pay negotiations have been outstanding since 1997 and there is currently no Police contract in place
• manpower shortage 
• condition of the physical plant and working conditions. Hamilton Police Station had been condemned because it was infested by roaches and termites and the station in St. George's is also in need of repair.
•  major underlying changes being made in the structure of the Police Service and the uncertainty about these changes.

Mr. Lemay said he understood the former officer's statement about not being supported by his superior officers.

He explained that under the old system, Police constables did not ask questions; they were told to carry out orders and did not participate in the decision-making process. He added that if they made mistakes, they were reprimanded but were not applauded when they did something well.

Mr. Lemay admitted that certain officers in the ranks would have a problem with this approach and that these changes could lead to frustration.

Comment: It goes a little deeper than a lack of support.  There is a belief by some sergeants and above that a possible way to promotion  and a means by which to ingratiate themselves with the hierarchy is by 'back-stabbing'.  They actively look for errors (albeit innocent) by constables but failing this, they create opportunities or manipulate situations such that an officer is perceived as having committed an act which can be the subject of discipline proceedings.

The system supports a kangaroo court.  The allegation is made by a rank senior to the constable, a senior officer is appointed to investigate, a senior officer presents the 'evidence' at the hearing and the 'judge' is a senior officer.  In a police service of 460 on an island of 21 square miles, it takes little to realise the odds of receiving a fair, impartial trial are a little unlikely.  

One such case is dealt with in these pages (see 'discipline') but I represented police constables on 4 occasions.  At each, the constable was found 'not guilty' - the prosecutions were malicious.  During one trial it was evident the officer who instigated the action (Carlton 'socky' Adams - dealt with in these pages) was guilty of neglect (at least), on another occasion in cross-examination the then head of Special Branch - Mr Birmingham was found to have conspired with the then Chief Inspector in charge of St George's police station.   We are talking about two senior Officers incapable of getting their stories straight and manipulating facts to aid a prosecution.  

And if the service cannot get you 'by the book', they'll make their own rules, as I found out - the discipline code requires adverse reports to be brought to an officer's attention and for a hearing to follow (if appropriate).  being ex-pat, it was simpler for them to advise me that, as a result of the reports, my contract would not be renewed.

The Bermuda police service is a dictatorship supported by those wishing to be looked (down) on

In the meantime, it is the public who lose out while those who commit crime carry on regardless.  

Former Police officer (Tony Bukhari) to face charges in connection with the death of his girlfriend Elizabeth Cadell.

Delroy Duncan, acting for Mr Bukhari, failed in his application to have the manslaughter charge thrown out of court. Mr. Duncan claimed the indictment was invalid.  Mr Bukhari was charged in June 1998 for the part he allegedly played in the death.  Ms Cadell (formerly sub-editor for The Royal Gazette newspaper) was found in the couple's apartment on Harvey Hill Road in Devonshire on May 31, 1997, she had swallowed 150 aspirin.

Comment: This trial is set to become a mess.  I find it hard to believe an English police officer will receive a fair trial, even though it is not a Bermudan who has died.  My concerns are principally in connection with Police Sergeant (now an Inspector?) Carlton 'socky' Adams being associated with the case.   Given his prejudices and malicious manner, even if there were grounds to prosecute Mr. Bukhari, involving PS Adams will be detrimental; there will be glaring mistakes associated with the evidence.  The man is incompetent and neither Mr. Bukhari, or the family of Miss Cadell, deserve this.

Ten-year prison term for man who had sex without telling partner he was HIV positive

The sentence was "manifestly harsh and excessive", according to his lawyer, Victoria Pearman, who took the case to the Court of Appeal to get the sentence "substantially reduced".

Mapp, 37, of Cedar Avenue, Pembroke, sentenced in March after pleading guilty to sexual assault, failed to tell his partner (who consented to sex) he'd been HIV positive for about ten years.  In court Ms Pearman said the father of five had always used a condom and that because of his condition he could spend the rest of his life behind bars; in effect, Mr. Mapp's crime, which he pleaded guilty to, was to have sex with this woman without telling her that he was HIV positive.

Comment:    It may be interesting to know how old his 5 children are.  Without wishing to insult, I think Victoria should be told that, unless her client has been unlucky on 5 occasions, he has not always worn a condom!  In the event he has - would someone please tell me (and the population of Bermuda) what brand he is using. 

Court overturns manslaughter conviction

The Court of Appeal overturned Kevin James Pollock's (a nightclub manager) conviction of manslaughter.  The 3 judge panel ruled that Puisne Judge Norma Wade-Miller misdirected the Supreme Court jury in Pollock's trial.  Mrs. Wade-Miller had twice misstated the law to the jury.  If a person perceived any kind of physical harm to himself, he was entitled to act in self-defence. Puisne Judge Norma Wade-Miller told the jury that it was only if Mr. Pollock thought he was going to be very seriously hurt or killed by Mr. McGavern, that he could defend himself.

A defence available to Mr Pollock had effectively been removed by the misdirection resulting in a miscarriage of justice.

Mr Pollock, a 36-year-old Englishman, was allegedly escorting McGavern out of the restaurant, Flanagan's Pub & Restaurant (which Mr Pollock managed), with the assistance of two bouncers.  However, Mr. McGavern either fell or was pushed down the back stairs of the restaurant and suffered severe head injuries which led to his death.  Mr. Pollock had been convicted of the manslaughter of Craig McGavern, 51.

Mr. Pettingill, for Mr. Pollock, argued that his client could not get a fair trial in this jurisdiction; there was a belief in the community that self-defence should not be an issue in the case; publicity surrounding the trial had damaged the chances of finding an impartial jury.

Mr. Pollock was  bailed and awaits Acting DPP's decision on a retrial.

Comment:    another miscarriage of justice affecting the lives of many and at great cost to the public.  Is there no accountability on the part of a Judge?  Just how much are they paid to make such ludicrous statements about the law which, in this instance, has caused a man to spend 6 weeks in jail?

Any UK police recruit could tell you that the definition of assault is "the intentional application of force to the person of another, or the threat of such force if the person threatening has, or caused the person threatened to believe he has, the present ability to affect his purpose" - it is learned word perfect.  If you think you are about to be assaulted (you do not have to wait until someone pushes or shoots you, for want of better extremes) then you may use reasonable force to defend yourself.

Arson conviction overturned

Comment: is any necessary?   Two convictions quashed in the same month - the same Judge responsible. 

Of the Bermuda legal process, to include police disciplinary procedures, I ask:

"Does perverting the course of justice make the system less bent?"

Web author's crime stats 'misleading'

A web site author, Michael Vigodda's statistics are accurate but "extremely misleading," said Bermuda Police Service Detective Superintendent Vic Richardson.

Comment: for statistics try: http://www.bermudaonion.com/crime.htm 
But no matter what you think of statistics, for a population of 65,000, there's one hell of a lot of police officers (about 1 in every 150 people is an officer) yet still an awful amount of crime and most of this, it appears, goes undetected or convictions do not follow.

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