A Peer Review on the police response to the December 2 protest outside of the House of Assembly has called for the Bermuda Police Service to be better prepared for future incidents and improve public engagement.

The review, written by Assistant Chief Constable Chris Shead of the National Police Coordination Centre, who was seconded from the Thames Valley Police in the UK, and released this afternoon by Governor John Rankin, said officers were not adequately trained to deal with the protest and that the tactics adopted were doomed to fail.

“The protesters response was to become more aggressive and actively resist, leading to a further deterioration in police and protester relations at the scene,” the report stated.

However, the report only lightly touches on the controversial use of pepper spray on the protesters, only mentioning in its executive summary that spray was used by police after officers were allegedly assaulted.

“They met resistance from the crowd and some officers were assaulted,” the report stated. “Some officers deployed incapacitant spray and a call for urgent assistance was made.”

The report states that while the BPS were aware of a possible protest as soon as November 28, there were “significant omissions” in the strategy established to address it.

And it said that there were few records about how and why decisions were made, recommending that better records be kept.

“During the structured debrief, both the Gold and Silver Commanders asserted that there had been numerous planning meetings on the approach to the event,” the report states. “However, neither have made any official record of the meetings or the decisions made. “To the Gold Commanders’ credit, on the day of the event he ensured he had a ‘scribe’ who recorded the meetings he attended and some of the options considered. The records, however, do not provide clarity on what direction was given regarding which tactics to use nor a clear rationale as to why a particular tactic was chosen or decision made.”

Officers at the scene on the morning of December 2 reportedly warned protesters that while they had the right to protest, they could not lawfully block access to the House of Assembly. While the officers told the protesters that they had 15 minutes to move, the protesters linked arms and shouted that they would not move or allow MPs access.

Police received word that the House session was to commence at 1pm, and a designated liaison officer approached protest leaders in an attempt to negotiate an end to the protest.

“When informed that they would be liable to arrest unless they allowed access to the gates, the crowd surged and some of the police officers were assaulted,” the report stated.

At around 1.10pm, officers adopted a “bubble” approach to gain access to the House, which the report said was unlikely to be successful — something at least one Commander on the ground warned was the case.

“Having not planned in enough detail initially, the BPS found themselves facing what was in effect a large scale spontaneous protest with significant numbers of protesters blockading the entrances to the House of Assembly,” the review stated.

“The Gold and Silver Commander requested tactical advice and were provided with the options of do nothing, utilise a bubble tactic or to utilise the Police Support Unit (PSU) with full protective equipment and shields. The tactical advisor also provided the relative advantages and disadvantages of each option.

“Understandably, the decision to utilise the ‘bubble tactic’ was deemed the only alternative by the Command Team if they were to achieve their strategic intention of enabling access for the legislature to the HOA.”

The report stated that a “bubble tactic” is usually intended to protect the movement of a person through the crowd, stating that it was “not entirely clear” what it was hoped to achieve in this case.

“The reality of the situation meant that even if they had been able to secure the gate, the protesters were in such numbers that they could easily have moved to block access further away from the gate,” the report stated.

“In essence, there were no resources securing any ground the PSU may have managed to take and therefore the tactic was futile.”

The report makes a series or recommendations, including that proper planning be conducted before any expected public order events, better training should be established for those who would act in a command position and that the BPS should invest in protest liaison training and ensure a ‘no surprises’ communication strategy is adopted.

“This was a challenging day for the Bermuda Police Service where the officers and staff found themselves facing hitherto unexperienced levels of determination for which they are not adequately trained for,” the report said. “They were confronted by determined protesters, some of whom were intent on disruption.

“Within this context, the BPS officers showed resilience and a willingness to succeed despite the adversity they faced.”

• To read the Peer Review and Governor John Rankin’s statement, click on the PDF files under “Related Media”.