Police Commissioner On BPS Discipline & More

The Police Commissioner has issued a statement providing comprehensive information in relation to investigations, police discipline and more.

“The Facts Speak.

Commissioner of Police Darrin Simons said, “Contrary to claims of a ‘recent change,’ the requirement for Commissioner approval to leave the Bermuda Police Service [BPS]–outside of mandatory retirement–has probably existed since the Service was established. This isn’t about loopholes; it’s a longstanding procedure, rooted in common sense. That said, I appreciate how people may feel. When an officer leaves before a disciplinary case wraps up, it can feel like justice slipped through the cracks and nobody wants that.

“Why Don’t We Just Keep Investigating?

“Bermuda’s laws do not necessitate us to keep internal [disciplinary] investigations going once someone leaves the job. In the United Kingdom [UK], there is legislation that enables the process to continue, or even start, after an officer quits. That does not exist here. And a change requires legislation. Until then, we must abide by the law.

“The Cost of Investigations and Hearings.

“Let’s talk practicalities. Gross misconduct cases can take over a year to investigate, often longer. Why? Because we cannot take shortcuts. If we weaken the safeguards that protect accused officers’ rights, we deny them a fair process.

“These investigations are as thorough as any serious criminal investigation. Anything less, risks losing the case at the hearing or, on appeal. And the cost of hearings? With a three-person independent panel, even the simple ones easily cost upwards of $20,000. A recent high-profile case, that utilized three King’s Counsel, cost a staggering $250,000. And this does not include the officer’s cost to defend the matter.

“With the current system, there is no escaping the significant cost. Other jurisdictions face similar issues.

“There are very real pragmatic benefits to accepting a resignation that I hope do not get lost in the discussion. The reality is that a resignation, is a guaranteed, unappealable result that minimises effort and expense. Factoring the time to complete the investigation and the cost of a hearing, this could save more than $100,000. And following either a resignation or a dismissal hearing, the maximum consequence is in effect – the officer no longer has a job with the police.

“The UK Comparison.

“In the UK, carrying the matter to completion is particularly important in the most serious of cases because, they have a publicly searchable Barred List. You only get on the Barred List following a guilty conviction and dismissal. This prevents dismissed officers, from re-joining any of the 43 UK police forces. In contrast, Bermuda has one police service. If someone leaves while under a gross misconduct investigation, this forms part of their HR file and rehire isn’t a concern.

“What’s Next?

“Maintaining the community’s trust is non-negotiable. Police discipline and accountability is a complex matter and we are always looking to close any gaps. This is why we chose to modernize our process in 2016. That first step is now eight years old and it’s time for a review. This year we will be reviewing our current Conduct and Performance Orders and opening dialogue with stakeholders to close any gaps. In the meantime, every complaint we get is treated seriously. We’re not perfect, but we are relentless in chasing fairness. Fairness for both officers and the community alike.”

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