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Complaints system to be reformed

The new independent complaints body will have teeth under powers laid down by law for the first time.And plans have also been drawn up to video and tape record Police interviews of suspects.

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The new independent complaints body will have teeth under powers laid down by law for the first time.

And plans have also been drawn up to video and tape record Police interviews of suspects.

A strategy paper has been handed to Government and approved.

"We are moving ahead with the plan, and certainly agree with it,'' said Public Safety Minister Quinton Edness.

An independent Police complaints body, and making records of interviews were two key recommendations in Judge Stephen Tumim's 1992 report on Bermuda's criminal justice system.

The report said: "Concern was expressed to us about the manner in which complaints against the Police are dealt with, namely internally.'' And on video and tape recording, he said: "With reference to the enforcement of law, it is important that Police methods of interviewing and detaining members of the public should be open to scrutiny.

"The Police and Criminal Evidence Act in the United Kingdom provides, within the context of an independent prosecution system, a structure which governs Police involvement with the public so as to make the Police accountable for their actions.

"We believe that the principles underlying this legislation should apply to Bermuda.'' Yesterday, Deputy Police Commissioner Mr. Michael Mylod told The Royal Gazette he was drafting a paper on a new complaints procedure. It should land on Government's desk in the New Year.

"We will be suggesting that complaints be overseen and supervised by an independent body which is set up by statute and whose powers are set out in law,'' he said.

"Now this is not the present situation in Bermuda where there is an appointed Police Complaints Review Board, but the powers are not enshrined in statute.

"The advantages of the new system is that it has teeth, and it has the power to oversee inquiries into complaints.

"It has to be satisfied that a complaint has been properly investigated and can in certain cases supervise the actual inquiry.'' He said the system had worked very well in Britain, where it is known as the Police Complaints Authority, despite initial scepticism.

Mr. Mylod said the new body would provide Police with as much protection as the public.

"There always has to be a balance. We must ensure members of the public that the system will carefully and meticulously look at a complaint, while Police officers, by the nature of their job, must be protected from false accusations.'' This year, complaints against the Bermuda Police Service were unlikely to show any marked increase on the 1994 figure of 65, he said.

On video and tape recording of suspects, Police Commissioner Mr. Colin Coxall said there were overwhelming arguments in favour of it.

"It is the best form of protection for Police officers against allegations of improper behaviour,'' he said. "It has been in effect in the UK for 10 years.'' Mr. Coxall was speaking during an interview for the Royal Gazette's series on racism. See story below.

He went on to defend the Service against criticism of a cultural clash between expatriate Police officers and Bermudians in the community.

"I don't accept the criticism. The clear lead that we are giving our officers is to undertake a sensitive, community-based policing role.

"And any suggestion of insensitive and heavy-handed methods would clearly be outside that guidance and would be dealt with appropriately.'' He added: "I have seen no evidence of any cultural clash.'' Mr. Coxall also refuted one lawyer and former Policeman's accusation that the Police were one of Bermuda's "last bastions of racism''.

"People make these sweeping, pejorative statements, without any supportive evidence. If this former officer or any other Policeman has anything to say on these matters I would be more than happy to have a discussion with them. I think it is a damaging statement.''