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Top cop welcomes promised witness protection, Criminal Code Amendment

A fresh crackdown on gangs and a legal shake-up to ensure prosecutions don’t hit a brick wall when witnesses are too scared to give evidence have been unveiled by Government.

Bermuda’s first witness protection programme is also in the pipeline, it emerged on Friday.

With a spate of high-profile crimes currently unsolved, the Throne Speech signalled a new approach to haul more suspects before the court and boost conviction rates.

The 100-year-old Criminal Code will be revamped, allowing the Crown to press on in serious assault cases that would normally stall because the victim refuses to file a complaint with Police.

Public Safety Minister David Burch and Police Commissioner George Jackson on Friday welcomed the proposed overhaul.

Sen. Burch said: “Law abiding people in this country sleep with one eye open while criminals sleep peacefully like babies.

“We have issues in this country where people who are victims of crime do not wish to prosecute for fear of retribution. We can’t allow that to continue if we are going to have law and order.”

And Mr. Jackson told The Royal Gazette: “This will bring some order to the due process that we have currently. It will enable us to police incidents more effectively.”

Senior officers investigating crimes such as shootings on Court Street, Ord Road and near the Swizzle South Shore have made repeated pleas for witnesses to come forward, but no significant developments appear to have followed.

Sen. Burch gave no examples but accepted that recent high-profile, unsolved crimes had helped to propel the new legislation.

The Commissioner said the shift announced in the Throne Speech, which many will see as an attempt to end the “wall of silence” culture often faced by Police probing serious crimes in such a close-knit community, would mean more effective policing.

He added: “It will prevent those individuals from thinking they have free reign to commit those acts without being held accountable.

“I’m pleased that Government has taken that stance to improve the quality of life for people in Bermuda.”

Police last night welcomed the proposals. One said: “This is a Godsend — one for the good guys.”

The officer said a large amount of cases dealt with by the force stumbled because victims did not want to go to court and face the often daunting prospect of giving evidence.

One officer said the collapse of investigations at early stages was a “tremendous strain” on Police resources.

And he said that the deterrent factor of any law change would be crucial.

“People will know that even if you intimidate a victim there’s a high probability that you may be brought before the courts as a result of the Crown being the complainant.”

However, the officer said the planned change could be challenged in the courts on constitutional grounds. Asked about possible setbacks, Sen. Burch seemed unconcerned.

“I expect it will be passed,” he said on Friday. “We can’t allow the process that currently exists to continue.”

Meanwhile, Attorney General Philip Perinchief revealed a number of crime-fighting law changes were coming along, including the Island’s first witness protection legislation.

If witnesses are still unhappy giving evidence, then the Department of Public Prosecutions could consider whether it could proceed alone under the planned overhaul.

“We are going to tackle this problem,” added Mr. Perinchief.

Elsewhere, it remains unclear what the pledge in the Throne Speech to outlaw “certain behaviours associated with gang activity” will actually mean.

In the past year, Government has drafted in a gang expert in a bid to curb the growing problem.

Asked for details on the new development, Premier Ewart Brown stayed tight-lipped.

He said that other countries have learned not to make too many “loud pronouncements” about anti-gang plans because it tended to dilute future efforts.

A review of the entire criminal justice system, “from infraction to incarceration and all that lies between”, has also been promised by Government.

“Bermuda must increase the fairness of our criminal justice system, while starkly reducing the rate of recidivism so that those who have earned a second chance are given a fair opportunity to use it,” the speech stated.