New demonstration figures
Fourteen police officers were allegedly assaulted during the December 2 protest outside Parliament, according to the latest figures obtained by The Royal Gazette.
Meanwhile, as of yesterday afternoon, 26 members of the public had made complaints to the Police Complaints Authority about the behaviour of police during the demonstration.
A Bermuda Police Service spokesman, in response to questions, said three of the 14 officers who were allegedly assaulted were treated in hospital for their injuries and released the same day.
Eight of the attacks on police amounted to common assault, he said, and six constituted actual bodily harm.
So far, only one person has been charged in relation to the demonstration. Edmund Smith appeared at Magistrates’ Court on December 5, when he was charged with assaulting Inspector Scott Devine, causing the officer bodily harm and possessing a wooden walking staff. Not guilty pleas were entered on his behalf by the magistrate.
Asked if any further arrests had been made, the police spokesman said: “No.” He added: “The rest will be dealt with by summons.”
Jeffrey Elkinson, the chairman of the PCA, said the authority would meet to decide whether to look at the “bigger picture” regarding December 2, as well as investigating the 26 individual complaints.
“Those are complaints from individuals about the police officers — that’s one aspect,” he said. “The other aspect is the bigger picture of what went on the day. We could look to see if there was anything that went wrong with the police service on that day. That’s within the remit of the PCA. That’s still to be decided.”
The PCA provides independent oversight of complaints against the police and independently conducts investigations.
New Governor John Rankin said last week he had spoken to the Commissioner and Acting Commissioner of Police about the protest and the police response and they had assured him they were “conducting investigations into what took place”.
He added: “The Commissioner has also undertaken to provide me with a briefing note about police public order response capabilities more generally, including where appropriate any resource or training needs which will assist the Bermuda Police Service in responding to any similar incidents in the future.”
The December 2 protest was aimed at preventing MPs from debating a controversial airport redevelopment bill in the House of Assembly. Police in riot helmets were deployed to the scene and used pepper spray on demonstrators, prompting accusations of a heavy-handed response to a peaceful protest.
In answers to questions from this newspaper yesterday, Commissioner of Police Michael DeSilva gave more details about the police’s actions as the incident unfolded.
Asked when he first knew that a protest against the airport bill was planned, when he became aware that it would happen on December 2 and when preparations for policing it began, Mr DeSilva stated: “Information regarding potential protests at the House of Assembly was circulating via social media a few days before the event.
“Accordingly, the Bermuda Police Service started to make plans at that time for policing the event. The details of what the protesters were planning did not become known until the day.
“On Friday morning, uniformed police officers advised those protesters blocking the gates that they were committing an offence and the officers encouraged them to desist from obstructing the entrances.
“These conversations continued throughout the morning and many were captured on video. Officers reminded protesters and organisers that their actions must be lawful and they must not intrude on the rights of others or impede the rule of law. The difference between peaceful protest and unlawful actions was clearly explained.”
Mr DeSilva added: “Once it was announced that the House would sit, police initiated positive action to open a path around 1pm. Police officers approached the protesters that were blocking access, warned them that they were committing offences and instructed them to desist. Immediately, the crowd surged and some of the protesters assaulted the officers.
“As a result, a second group of officers was deployed to arrest those who continued to block the gates. They were not deployed as a police support unit (PSU) and they did not carry shields.
“Rather, they were wearing protective helmets as a precaution based on the aggressive behaviour of some members of the crowd.
“This group of officers was also assaulted. Some officers deployed incapacitant spray — Captor — in a proportionate response to disperse the crowd and to create a safe separation. The decision to de-escalate was taken after it was announced that the House would not sit.”
Senator Jeff Baron, the Minister of National National Security, reiterated that he had not been informed of the police’s tactical plans in advance, and that he became aware that a police support unit was being deployed to the scene “the same time the public was made aware”.
Mr Baron said that he was at the funeral of his colleague and friend, Colour Sergeant Keith Whorms, from 11am.
Asked about his experience and knowledge about how officers are trained to make decisions regarding the use of pepper spray, and the suggestion that he was responsible for training them about it in 2006, Mr Baron replied: “I can confirm that I was a Public Order Tactical Advisor in the Bermuda Police Service. As I have reminded, operational control of the Bermuda Police Service is a matter for the Commissioner and currently it would be inappropriate to comment extensively on operational matters.”