Police Statement On Keishon Smith Arrest
[Updated] Commissioner of Police Michael DeSilva released a statement about the report that Mr. Keishon Smith was arrested, and held overnight, for a ticket has had paid 5 years ago saying “Mr. Smith was arrested on a warrant that was indeed valid.”
He continued on to say that “Our records show that Mr. Smith did, in fact, pay a speeding ticket in 2006. But it was not the same one for which the Apprehension Warrant was issued.”
Commissioner DeSilva had strong words for UBP Senator Michael Dunkley, saying “I am disappointed by the public statements from Senator Michael Dunkley that appear in today’s media. His comments stem from a series of misrepresentations and a version of events that is not true. As such his criticism of the Police Service is unwarranted, unhelpful and unfair.”
Commissioner of Police Michael DeSilva’s full statement follows below:
“Due to a series of misrepresentations being reported in the media regarding the arrest of Mr. Keishon Smith, I wish to provide clarity on what actually happened. Mr. Smith was arrested by police on the evening of 30th September on an Apprehension Warrant. The warrant had been issued by Magistrate’s Court because Mr. Smith failed to attend court to answer a speeding charge from 2005. Mr. Smith was arrested on a warrant that was indeed valid, and removes discretion from the police as it is an order from the Court to arrest the named person. When Mr. Smith appeared at Court on Friday morning, the DPP’s Crown Counsel considered the facts of the case and withdrew the speeding charge owing to the age of the warrant and the relatively minor nature of the offence. In this, Mr. Smith was dealt with leniently – which happens from time to time when the circumstances are appropriate.
While I cannot speak on behalf of Mr. Smith I believe his comments on Wednesday relate to a second speeding charge that occurred on a different date. Our records show that Mr. Smith did, in fact, pay a speeding ticket in 2006. But it was not the same one for which the Apprehension Warrant was issued. My staff have contacted Mr. Smith and explained this to him and hopefully – not withstanding his unfortunate experience of being in custody with us overnight – he now has a clearer understanding of what happened.
I am disappointed by the public statements from Senator Michael Dunkley that appear in today’s media. His comments stem from a series of misrepresentations and a version of events that is not true. As such his criticism of the Police Service is unwarranted, unhelpful and unfair. Of particular concern is the fact that our Deputy Commissioner spoke with Mr. Dunkley personally on Wednesday morning and explained all the facts of the case. Despite Mr. Dunkley’s broadside against the police and his links between speeding tickets and investigating serious crimes, my officers acted appropriately, correctly and as prescribed by law. They did exactly what I expect them to do, and I thought it was important that I take the time today to set the record straight for the public’s benefit.”
Update 7:24pm: Statement from Senator Michael Dunkley:
Thank you for the opportunity to respond. I called Deputy Commissioner Jackman on Wednesday about this matter and suggested that reports like this need to be clarified as soon as possible due to the potential negative impact they can have on the way the Police and their work is viewed by the community.
The Deputy Commissioner provided me with some information on the matter, for which I thanked him. I also suggested that jailing a person for speeding ticket and then handcuffing them the next day when taking them across to court was in my opinion over the top.
It is unfortunate that the Police consider my comments a “broadside” against them. I have, and will continue to be, supportive of them when appropriate. However, I will not shy from offering comments on matters that need attention. It is still my opinion that this matter was handled poorly and if this is how outstanding speeding tickets are handled then we do indeed have serious issues that need to be addressed and improved as we work with the Police to combat the high levels of crime and gun violence in our community.
Well thank you for clearing that Mike. I can call you Mike right?
I think Mr. Dunkley should appoligise.
Since the milk is spilled, no need for crying. Lets all “MOO” on……………….
is this my friend Territ?? Ya so funny!!
Sounds Like Damage Control…..still Hogwash to the Bermudian Public….2005…COME ON COMMINSIONER WHAT WHERE THE COPS DOING IN BETWEEN 2005 AND 2010 WITH WARRANT SHEETS?!?!?!?……IT’S SCARY THAT YOU EXCEPT TO EXECUTE WARRANTS THAT OLD WHEN A JUDGE IS READY TO THROW OUT TIME WAISTING WARRANTS.
SUGGESTED SOLUTION:
CREATE A WEBISTE LIKE THE US POLICE, THAT LIST OUTSTANDING WARRANTS AND MAKE IT EXCESSABLE TO PAY OUTSTANDING FINES ON LINE….COME ON IT’S 2010 NOT 1910!!
The problem is the courts and the law. It is still deemed acceptable to order someone to miss a half day of work because they were speeding if you opt to go to work that day then instead of fining you in your absence the procedure is to issue a warrant and lock you up. They do it for bills too. There are thousands of outstanding warrants, so many that the police can’t even action them, they just wait to pick you up in a traffic stop. MPs couldn’t give crap about updating the laws because they’ll send a lawyer and go one their merry way if they get caught but not all of us have the $600 to spare. Magistrate’s court is a time wasting a joke, you see half the island in there, in that little building that’s falling apart. Like the building itself the procedures are from the dark ages and this provides nothing more than a state of anomie and disrespect or contempt for the entire system (but only if you find yourself on the wrong side of it). If so much of the budget is going to continue to be dependent on fines then the process for paying them should be streamlined because the only way to be sure you never speed is to never drive at all.
Shouldn’t he be out solving mysteries and crimes and not writing essays on how the media has “misinterpreted” the police once again? If they have so much free time to release statements that no one other than Mr. Dunkley or Mr. Smith & co care about, how about he follows up with @ Brascos suggestion of being able to pay tickets online.. Why do I need to go to court for going 2kph over the speed limit? I’m going to say guilty and be on my way.. If I want to fight it/waste my time/miss work then i’ll happily go to court..
“But the police work so hard..” yaddayaddayadda
HELLO ALL OF BERMY:
I HAVE SHOVELS, BULLDOZERS, TRASH BAGS, STORM SUITS AND LARGE BEACH UMBRELLAS FOR SALE. SOON TO COME: CRANE LIFTS TO GET US OUT OF THE SH#T STORM THE BDA POLICE SERVICE THINK THEY CAN RAIN ON US BERMUDA CITIZENS!!! WHEN WILL THEY REALIZE THAT THE BS THEY SPEAK NO LONGER HOLDS MERIT WITH US AS IT IS TOO MUCH, TOO OFTEN!!! HI-HELLO- WE CAN SEE YOUR INEFFECTIVE LAME ATTEMPTS AT DAMAGE CONTROL. QUESTION IS: WHEN WILL YOU REALIZE THAT WE ARE ON TO YOUR BS AND STOP SLINGING IT OUT? IT HAS ALREADY PILED SO FAR UP IN YOUR OWN BACK YARD THAT YOU CAN NO LONGER SMELL IT BECAUSE YOU HAVE BECOME IMMUNE TO THE STENCH….SMFH!!!!!!!
You sound like you need some anti-police consel dude. Maybe some personal vendetta you have with the PO PO that you may want to share. Hmmm (continue police bashing) just make sure you have facts when you do. Cause all this sh*t chuckin dont mean “crap”. Lets hear it guy??
It was in the best of the Commissioners interest to let it go! Now he has made a complete fool out his self in a statement that makes no sense. I would like to know what the other sppeding offence was that they were suppose to arrest him on! No speed, no date. All they know is that they arrested him for the wrong one. HMMMM. r they gonna eventually arrest him for the correct one next time.
I totaly agree with you. The commissioner is an a#s and only speaking about this because Mr Dunkley told him how pathetic his police really are. I can assure you that the commisoners statement about Mr. Smith being contacted is a complete LIE!! Also as of Monday morning Mr. Smith still had a warrant besides his name. Thats how backward that whole system is. The judge threw the whole thing out because it was a joke.
Oh ya,, the commisioner will release a statement to the public saying he contacted Mr. Smith and in actual fact he didnt.. Riighttt?? Seriously stop putting words in the ministers mouth for your police bashing convenience!!! Assure me that?? If you can!! FACTS PLEASE>
PS; It cant be a joke to the magistrate, it HE signs the warrants dufus!!!!
Yo Captain SHOVEL……..Your spade area seems to be larger than the amount to be excavated.
Sometimes a ‘tool’ is used by the police to shovel shit and I am not refering to Mr. Smith.
The warrant was valid and so be it. When the new Court et al building is finished it will all change.
People will turn up, pay their fines, plead not guilty, be remanded, et al…..
Same shit differant day. Best thing to do is.
Shovel, I suggest you have three dark and stormies, and a coulpe of Hail Marys or become involved. Man…yoo muss bee gutt ah lutt uv teekatz ann ah reel rep sheet…..or…then again, maybe just a pissed off UBP supporter……
If you have to be a pissed of UBP supporter to think the majourity of the police are idiots, so be it. If you’re happy being a happy PLP supporter that wants to cuddle the police and pat them on the back for doing such a great job of NOTHING go ahead.
How about they hire some foreign cops? Oh wait, they do and then they can’t get their contracts renewed.. Makes perfect sense to me.
TERRY IS FUNNY AS AN ALMOST FUNNY COMEDIAN….LIKE OUR POLICE FORCE, THEY ALWAYS ALMOST GET IT RIGHT….LMFAO!!!
Really?!?
And I hope that if you ever get robbed, beat up, or burglarized you never call for these “idiots” help, yes Im a police officer (a Bermudian Police Officer) and the courts issue warrants, not us, we are only informed on checks that there is a active warrant for the person, at the time of arrest no we dont know the date until you reach the station and you see the warrant, every person arrested on a warrant gets to see their warrant. And for the record, everyone says “but I paid that already”. Seriously if you dont work for the police or the courts and have no real knowledge (unless you’ve been arrest on a warrant, thous why you are so hateful of police) shut up and sit down. We, the police, everyday put on our uniforms and patrol the streets of Bermuda trying to protect YOU. For once give us some credit for what we do, we spend little to no time with our families or friends, working late at night when you get to sleep. We get assaulted, insulted, threatened, and our families threatened on a daily bases, but we continue to go to work and protect ppl like you all who dont appreciate what we do and go thru to keep your little world safe. We have been shot at, stabbed, beat up and more. The fine men and women of the Bermuda Police Service are not idiots, we are human beings like you who chose a career that would help their community, and the only reason they recruit overseas is to make up numbers because either not enough Bermudians apply or they fail the simple test to get in. So before you speak actually stop and thing about what you are saying, We are no different that an other person we just chose a career that cause us to be hated for wearing the blue, I wish one of you had the courage to do what we do everyday
Anonymous…..Please read above and other material realating to this. Please don’t muddy waters when the streets are running with blood.
Are you sure your on the ‘wash cycle’ or the ‘spin cycle’…….
And we wonder why we are where we are……………………
Well Brasco, …all I can say is if you have a problem in your area here are a few numbers you can call
Central Area:- Parkside/42nd 1-800-wehave-Guns
Western Area:- It takes a villiage 1-800-wehave-guns
Eastern Area:- Dont’s Crawl Us 1-800-wehave-guns
If you really are concerned about the lawlesness you can call…….1-800-Neighbor. It free and just a walk/fence/wall away…………………..
I wish the Commissioner would lead the BPS from the front, and with the same aggression and gusto that he displayed in dealing with this matter!
However, it is good to know that he is still in the chair, and not invisible!
Right orm rocky………………………
I’m lost as to what the issue is? The courts issued a warrant, he was stopped and arrested on it. Police have no discretion over this, warrants are a court issued instruction to police. Then he comes in the paper cos he seems like a decent guy and feels agrieved, clearly having misunderstood what warrant he was arrested on for which fine. I’m glad the Commissioner went to bat, cos the police get slammed enough (and probably rightly so) without getting it for stuff that isn’t their fault.
I like the idea of online payments and there are various other ideas out there to pay for traffic fines which should be explored. It’s too harsh to be in jail for something like that and it takes up police time when they should be out dealing with other stuff. The problem with speeding fines is that it’s not a set amount that you will be fined for cos the amounts differ as per speed and previous driving history I’d have thought. If it’s a helmet or a seatbelt or another fixed penalty, the police have authority to obtain payment and release the offender.
Here’s an idea, just a thought…..if you get stopped for speeding, seatbelt,unfastened helmet….erm, pay the fine. Just throwing that out there, I know its radical and crazy but just saying.
I’d be willing to bet this guy was caught during a stop and search roadblock which they seem to have lots of…..again, seems reasonable to me since the shooters seem to travel from one area to another. It’s actually this guy that’s dragging police away from dealing with more serious matters by not paying his fines.
Anyway, sorry for the interruption, back to the police bashing (with a few good ideas to be fair).
Enough – I agree 100% percent.
Everytime you post something you change my views on big issues. I won’t likely by bashing the police anymore. I also don’t believe that I live in a world where my Commissioner would intentially decieve the public on camera.
I’m so cycnical that I assume this to be sarcasm, lol. However, if it’s not I would say only this; bashing really isn’t helpful, criticism is something the general public has a right and, I would argue, a responsibility to provide to the police (and politicians). But notice what I said….provide to the police. some of the ideas here are very worthy of exploration. There are probably some legal issues but they might just thank you and change for the better.
As for the Commissioner lying, well, I doubt he would personally but that said, the Premier did (cos he had to), so who the heck knows. I just don’t see any benefit in this case for facts that are ultimately easily verified.
For the record, I was not being sarcastic. As I said before, my problems with the police are ultimately problems with our Government.
Its funny how some people come on here and make comments and have NO (not a clue) idea on how the Bermuda justice system works.. It seems as if they only use this medium as a tool for venting there fustrations against the police. Dude got tickets didnt pay them, missed ziggy and blamed the PO PO. So all you johnny come latelys’ come on here with tunnel vision and start banging the Commisioner,, hmm sounds like some of you got some personal vendettas with Local Law in enforcement. So continue to bash the police, but remember the next time you call 911, they will still answer they dont owe you a thing.
I couldnt imagine doing such a stressfull job, especially with you un appreciative Bermudians constantly bashing them. LEARN THE FACTS BEFORE YOU PO PO BASH!! Straight up.. Reply to me with your best unsupported rebuttles
Bermudian Guy….it’s not about having vendettas….Until you have the most wondeful experience of dealing with incompetence you’LL have a different view…
FYI I HAVE AND THE COPS ARE IN A MICE
The only incompetence i can see at the momment, is the fact that you cant prove police incompetence.. Its just straight anti-police talking going on. My question is, what is the bashing based on? Specify please>>>
Ok, again I dont understand why you put us all in one group, I mean are all blacks criminals and are all white man 21-35 serial killers, NO, so why are all police incompetent. We arent, Ive solved many a cases and had members of the public thankful for my service. So you had one or two bad experiences and that means all police are idiots?!?
I dont get the logic, what thats cause there is no logic to that thinking, but at the end of the day when you call 911, we, I, will be there and we will do our job as always because thats what we signed up for to protect ppl who may hate us, and do it to the best of our ability. Thats what we stand for, we are insulted, threatened, assaulted, our families threatened. We spend many a night away from home trying to keeping Bermuda safe, while you are with your family asleep. I’ve been assaulted, spit on, threatened, my daughter’s life threatened but I go to work everyday and I continue to put my best foot forward as do many of my co workers, and comments like this are disheartening but will not deter me from from my job. As was stated above, the police have to arrest ppl on warrants its an instruction from the Magistrates who issue them. We have to do it, this is court issued not police issues and the courts control the computer system that says whether you paid it or not, showed up to court or not. We only get issues the actual paper warrant from them and act on it. We have over 10,000 warrants active from the 90′s maybe even further back. We the police have nothing to do with issuing them so if you have a problem with it take it up with the law makers not those who are bond to enforce them.
Just because they will come if you dial 911 doesn’t mean they’ll do anything. The police KNOW who breaks into my house constantly and just let it happen because no one in my family can pick him out of a 500 picture line up. You ever stared at 500 pictures of similar looking people and then try to remember who you saw for 0.5 seconds? Probably the most unintelligent police medium EVER.
Oh, and they admitted the picture of the guy wasn’t “that great”.
Don’t tell me the police do anything for me. They owe me something by becoming police offers to serve their country.. Or so we’d all like to hope.
Welcome to the Police and Criminal Evidence Act although just out of curiosity; were you asked to look through albums or on a computer in an identification suite?.
I am willing to bet that the police are as frustrated at being so hamstrung as you are (well, maybe not quite as much as you are!!). I know it’s deeply annoying for you but knowing something and proving it to a sufficient standard to justify an arrest are 2 different things. you may think they do but police can’t just arrest you because they think you did something but have no strands of evidence to support that. If they do, that arrest should be refused by the stattion sergeant. I know, I know, could, should etc
Sorry to hear about your situation and I hope it gets resolved the right way.
No comment,, il just let this one vent and make themselve look like a complete arse on the web!!!!
So he paid a ticket for 2006 but was arrested on an outstanding from 2005? What happened when he got the ticket in 2006? Why did the court, police or whom ever demand he pay the outstanding then??? I’m sorry but the Police need to prioritise their law enforcement. We have a big crime issue at the moment and it is not getting any better.
Yeah, that’s poor and, to me, the more glaring issue here. But let’s just get a little bit real. Do you really, really expect the police to check an individual, find out there’s a warrant and then release him? Come on…the thread would be 500 comments long if the police started not arresting people when they should. But, as I’ve stated, they don’t have an option. A Magistrate has issued an Apprehension Warrant; a warrant demenading this individual be brought before the courts (which is why he spent the night in the cell).
The system undoubtedly needs an overhaul though, I completely agree. For a warrant to be verified it needs to be ‘live’ in the computer and the hard copy needs to be at the station….that is a system so open to human error, perhaps even abuse. The errors can affect people from both ends; someone could genuinely (or more nefariously) not find the hard copy meaning someone isn’t arrested, heck, the hard copy could be shredded if someone was so inclined. But worse is what seems to happen a fair bit (although not in this case it seems) and that is that someone is arrested, processed, pays the fine or goes to court etc and smeone doesn’t cancel the warrant off the computer and the hard copy isn’t removed. Trust me when I tell you they will be arrested again and I’m very sure it’s happened before and will again. But that’s not the fault of the beat bobby, that’s a sytemic failure..a corporate problem. The average cop is the sharp end and gets the flack, but in 99% of cases, they are just doing their best given the equipment, technology and traning they have. I think anyway.
I sense litigation might be the only thing that spurs meaningful change in a thoroughly antiquated and dangerously flimsy system.
So the main issue really is the modernization of the court system and an overhaul of how this is communicated to the police. Really everything should be automated. So standardized fines, electronically input easily by the officer issuing the ticket, this goes onto an automated system which then sets a 14 day period for the ticket to be paid online or at Magistrates court. Failure to do so will result in an increased penalty, say for example $200 goes to $300, 28 days to pay after the offense. Then if the ticket is not paid the system automatically issues a warrant next to the driver’s electronic file. Simple effective and probably has been in foreign law enforcement institutions for some time now, i.e. before 2005. The big issue is the Governments failure to spend budget money constructively on the court system to modernize and also training Bermudians working within the courts to use this system. But we have to do it so our law enforcement process is more efficient and able to deal with the challenges ahead. This situation has obviously brought these public issues to light. The other thing is I truly believe that we need to have a fingerprint data base in Bermuda, so that when you license a vehicle every year, renew a drivers license or renew a passport you are fingerprinted. It would really help law enforcement in the long run. But we need to get serious about updating and implementing changes for the benefit of Bermuda. It is the story across the board in a lot of what the Government does, but they are scared to modernize and Bermudians see learning new technology as more work away from the norm and are unwilling, trust me I know!
@MCFC, good points.
Fingerprint database kind of exists given the new PACE legislation, making it madatory for those arrested for ‘recordable’ offences to provide them. Good luck getting the general populous to agree to a more general database; civil liberties and all that. Heck the politicians won’t agree to drug testing!!
For some perspective; if on a roadblock 3 persons are arrested for a variety of offences, the last of whome was for a $50 unfastened helmet warrant, he/she has the money to pay with them. If they are presented last to the receiving station i.e. behind the other 2, I’d bet that arrest will take in the order of 2hrs and that’s on a good day. This, to me, is a scandal.
Technoligy. The ruination of mankind
Nothing like a piece of paper.
Oh thats right. In twenty years, the younger generation won’t be able to read. Read what…..text yourself…….