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AG
slaps injunction on press
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The following is the
full speech made by Minister of Justice Philip Perinchief on the criminal
justice system. |
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comment from
www.bermudapolice.com
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Good afternoon.
As your Minister of Justice I stand before you today to tell all
Bermudians that their criminal justice system is strong and the
scales of justice are stable and balanced as always, despite what the
Opposition may allege. |
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The police service is understaffed and the
island has problems with their system. The corruption laws are
apparently antiquated. If the current system did not have problems,
why does the current Government wish to take control of it ... or is this to
prevent further investigation of Government members |
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Last night the
Opposition Leader characterized our system of law and order as inept,
staffed by people who he thinks are incompetent.
Why else would he say he questions the effectiveness of our criminal justice
system? |
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The interpretation of the Opposition Leaders
statement is noted. If you were so sure of your statement why would
you follow the comment with a question?
This is not about the
criminal justice system, simply a tit-for-tat bicker between political
parties. Grow up. |
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Why else would he
ask questions investigators have already answered? |
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The questions have NOT been answered.
At least they have not been answered by at least one 'suspect', the leader
of his Government, Ewart Brown. Ewart was not questioned, so to whom
has he provided the answers, not the police, not prosecutors and not the
Bermuda people. |
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Why else would he
call for a Royal Commission to re-investigate a five year-old case? |
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The obvious answer is that he wishes to
ascertain where $8,000,000 of public money is. If Philip Perinchief
knows the answer to this (it appears to be an unanswered question) then
possibly he would be so kind as to say.
Possibly the Opposition also want to see the
paper trail and understand how the leader of the Government. Ewart Brown,
came to make an incredible profit on the sale of his property to the BHC, a
Government quango. How did he come by cedar beams and just how was the
building of his new home funded?
why does it matter how
old the case is, the Premier has been linked to a scandal, the evidence is
now out and questions need answering.
It was reported recently that "when the investigation
finished in 2004, then acting Director of Public Prosecutions, Kulandra
Ratneser, said many of those investigated could only be accused of
bad ethics. Mr. Ratneser also said some of the people investigated
escaped prosecution due to Bermuda's antiquated corruption laws."
Is this the way the
Government would handle the police and their investigations if they had
control. Old cases would never be reinvestigated? |
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I am offended and I
expect hundreds of our country's police officers, prosecutors, and judges
are likewise offended.
Together all of us are tasked to make sure the laws of our land are adhered
to and that our democracy is protected. |
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I suspect there is at least one police
officer who is offended - offended that the investigation was not pursued
thoroughly investigated, that Government ministers were not interviewed and
that criminal prosecutions or civil actions did not follow. It appears
an officer will be linked to the leak - an 'offended' person. Is it
likely he or she is alone.
As a former Bermuda police officer who has
seen the lack of action, incompetence and interference in investigations, I
am offended that questions have not been asked and that justice has yet to
prevail. |
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It is a job carried
out day after day and thanks is not required or expected, but brutal and
insupportable criticism is also not expected - especially in a thoughtless
political speech delivered by a politician who clearly does not recognize
that the responsibility of policing lies with the Governor's Office |
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Criticism is what the police have come to
live with. Clearly something is wrong with the island's law enforcement
body; the Government wants control of it - what is wrong with the current
system?
only two days ago
Senator David Burch, Minister of Public Safety was
reported as saying, in relation to the police service "Bermuda has real problems" Sen.
Burch told the Senate he was unable to do things such as get more officers
patrolling the streets and ensure crimes were investigated promptly.
Hardly a glowing endorsement of the service by Mr Perinchief's party! |
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Further, the same
politician blatantly ignored the rules set out by the Broadcast Commission.
The speech disseminated by broadcast media, clearly in response to a
Government message delivered by the Premier last week, was longer than is
allowed and included words that the rules stipulate are prohibited.
The proper course of action in this instance is a complaint to the
Broadcasting Commission. And that is what we will do. That body will decide
whether or not any infractions did or did not occur. |
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Papers leaked 'unlawfully', politicians
ignoring rules. Why? Possibly because this is the most serious
scandal that could be imagined. Time to rethink Bermuda's corruption
laws and the Broadcast Commission's rules.
Possibly the Opposition
Minister will explain the breach of the rules, explain himself. Will
Ewart do the same in respect of the allegations linked to him?
What is considered more
important by Mr Perinchief, a breach of the Commission's rules or the
disappearance of $8,000,000? This appears to be nothing more than a
diversionary tactic; divert attention from the real issue ... has the
Premier benefited from the BHC scandal? |
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We are a country of
laws and rules and responsible citizens. We always have been. That legacy is
strong and stable - and it will continue in strength and stability under
this Government. |
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Bermuda has rules that are applied as and
when is deemed 'appropriate'. There are far too many influences
affecting whether parties are charged.
Let's hope there are
'responsible citizens'; it is these people who will come forward and demand
answers about the Premier's alleged involvement in the BHC scandal.
Let's hope the flattery applied to these citizens does not deter them from
demanding the truth, evidence. |
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Finally the public
should understand that I am taking steps to protect the reputations of your
public officials from further unfair attack.
My Chambers will
employ all legal means to stop the Mid Ocean News and any other publication
from printing or speaking additional content from the stolen investigative
documents. |
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Where's the attack? facts have been
presented to the public and these 'responsible citizens' can make up their
own minds - what they are currently denied is the ability to make an
informed decision because, whilst they receive much rhetoric, they have yet
to receive answers.
'Stolen' investigative
documents. Really, 'stolen'? Theft is the dishonest
appropriation of property belonging to another with the intention of
permanently depriving the other of it. so, what evidence is there that
the property did not belong to whoever leaked it (could it be a high ranking
officer who believed they owned the papers - for whatever reason)? As
for dishonest, is it not possible that whoever leaked the documents believed
they were acting honestly by ensuring the papers were in t he public domain?
Possibly not, but it is the 'intention to permanently deprive' that gives me
most problem when trying to understand how 'stolen' could be applied.
Anyone releasing the
documents expecting them to be publicised must have known that the papers
would, at some time be returned to the police. How could there be any
intention to 'permanently deprive' if the papers were taken to release tot
he press, to put into the public domain from where they would be returned?
If the element of 'theft' cannot be established, on what basis is it claimed
the papers were 'stolen' - more rhetoric?
To protect a
reputation, or to rebuild a reputation, answers are required.
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It is clearly
dangerous to allow exonerated persons to have their names unfairly soiled or
sullied in the press. |
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"unfairly
soiled or sullied"???
The Director of Public Prosecutions, Kulandra
Ratneser, said many of those investigated could only be accused of
bad ethics. Mr. Ratneser also said some of the people investigated
escaped prosecution due to Bermuda's antiquated corruption laws." |
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Just think for
example that your neighbor accused you of a scandalous crime, the police
come to question you and the inner workings of that investigation are then
handed over to the press for publication - even though you've done nothing
wrong in the eyes of the law.
I expect you would be mortified.
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The inner workings of the BHC scandal have
not been exposed to the public. But "done
nothing wrong in the eyes of the law". was there no
call for the pursuit of some associated through the civil Court?
the story appears to
have incredible public interest angles. what appears to be the problem
is not that the papers were leaked but that the papers highlight the extent
of the problems; the failuree of suspects to be asked questions.
Try this analogy Mr
Perinchief: If someone stole $8,000,000 from you, how would you feel if,
having made a complaint of crime, the case was closed, you had lost all your
money. Would you be mortified if you then learned that there were
suspects in respect of whom there was evidence but who the police decided
not to question? How please would you be when some courageous (misguided?)
soul in the Bermuda police service came forward and tipped you off causing
the matter to be resurrected and providing you to glimmer of hope justice
would be done; the friends could be routed out and some of your money could
be recovered.
The Bermuda people
'lost' $8,000,000 - who has the money and who knows who has the money?
The Bermuda people are the victims of the crime and now they are a little
more aware just how the 'investigation' of their loss was undertaken, how
they were failed. |
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Or even more
pointedly, would the Leader of the Opposition be content to see the details
of the Police raid at his business and the subsequent drug case conviction
of his employee splattered on the front pages?
I expect he, too, would be mortified. And he should be. |
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The press often report on raids at premises,
or police activity. They are entitled to do and it is what makes the
news. It matters not that a prosecution follows, the pres report on
the activity.
Drug case convictions regularly, daily,
appear in the papers. The Opposition Leader's association with a drugs
investigation and the conviction of his employees was heavily reported in
the press.
the difference is that
the case was investigated and suspects were interviewed. |
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As your Minister of
Justice I would fight to ensure your name, and his, was not soiled or
sullied in the press and that the investigative documents are protected.
That is the very battle being waged right now, except in this case the
people who need protecting are members of Government.
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Really?
I do not accept this is the case and refer
you to 'documents'. It appears the people need
protecting from the Government. It appears that Government ministers are
abusing their positions and profiting from same.
where is the evidence
to the contrary? Why are the public figures shying away from
addressing the real issue - who has the $8,000,000 originally in the BHC's
bank account and is now .... where? How did the Government lose
$8,000,000 and do any of its members have some of it?
I suspect that this
fight has been started because it involves the Minister's party. But if the
Minister would care to take up the case of injustice he may wish to consider
some of the complaints currently with the police in respect of which they
are apparently dragging their feet or some of the appeals against convicts
that have been raised. |
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I am hopeful our
means to stop irresponsible reporting will be successful.
And I hope in the future that the office responsible for keeping such files
confidential will do more to ensure the documents are better secured - not
only in the case of public officials but in the cases of all innocent
citizens of Bermuda. |
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One way to stop the reporting of such stories
is if such scandals are prevented or thoroughly investigated. It
appears the fault lies other than with the press.
Is it really any wonder
that the press presented such information to the Bermuda people? What
journalist would refrain from printing such topical, newsworthy and public
interest stories? If they have erred, leave it to a commission to
conclude this - in what way does criticising the press in such a speech
differ from them criticising the investigation by printing the story.
Or is it acceptable for a Government Minister to cast aspersions in such
speeches but unacceptable for the press to report on the alleged
indiscretions of Ministers?
Bermuda police officers
should retain copies of documents; keep them safe. They go astray in
offices and should be kept safe to protect themselves. why else do you
think I was able to walk away from the island with my liberty and not the
subject of some trumped up charge? This site is evidence that the is no
security of papers (thank you George Jackson, the current commissioner of
police) for permitting me access to the files that appear on these pages.
It is apparent nothing
has changed. |
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