White outlines `chain of failure'
when alleged exhibits were turned over by Det. Con. Rudolph Richardson without being signed or logged, lawyer Kim White said yesterday.
And he told a Commission of Inquiry into the Bermuda Police narcotics squad that the failure of detective constables to do it by the book was compounded by a failure at the sergeant level to understand and carry out their management role.
But Commission counsel Mr. White said the chain of failure did not stop at the level of sergeant.
And he called for the Service to ensure closer supervision of files prepared for prosecutions by senior officers to ensure they are complete and watertight.
Mr. White also called for legislation -- currently stalled in the Parliamentary draftsmen's queue -- which would allow the taping of interviews with suspects as well as incorporate English law designed to protect the rights of detainees to jump the line.
And he said legislation to set up an independent Police complaints organisation should be drawn up and implemented as soon as possible.
Mr. White was speaking after the Commission -- set up in the wake of allegations by ex-drugs squad detective Lendrea Davis -- concluded hearing more than a week of evidence.
The three-man Commission -- under ex-Bermuda Court of Appeal judge Telford Georges -- was set up amid controversy over the the acquittal of Mr. Wilson in June.
Puisne Judge Norma Wade heard allegations from Det. Con. Lendrea Davis, who has since quit the Service, that other officers had pressured her to alter her notes to match those of other officers.
And Ms Davis pointed out that one of the signatures on a page of her nine-page statement was not hers and was misspelt.
She also claimed it was routine for officers to leave signed blank witness forms in the office -- a claim denied by other detectives called to give evidence.
The court also heard that a container of white powder, claimed to be $53,000 worth of a heroin derivative allegedly seized from Mr. Wilson's Toyota Land Cruiser in February, together with other exhibits, had been placed in a secure lock-up overnight -- but they had not been tagged with the officer's signature or logged in a register.
But Mr. White said: "What is particularly disturbing in the evidence I have heard is that Ms Davis was apparently willing to add to her notes at a later date -- this would render the notes a forgery....she was a willing participant in this alleged practice.'' He described the forged signature on Ms Davis' statement as "a more inept example, I would submit, would be hard to find''.
Mr. White added that two reasons for obvious fake were "simple stupidity'' -- or that someone "wished to red flag it. I suspect the latter.'' Referring to evidence of the hellhole conditions drugs squad officers had to work in, Mr. White said extra resources in terms of training, accommodation, clerical support and equipment had all been identified as priorities during the inquiry.
The inquiry also heard evidence that a scanner tuned to the Police frequency had allegedly been seized from Mr. Wilson's home during a search under warrant following his arrest.
Mr. White said Police needed "a proper encrypted communications system which works. It must, with respect, be given priority.'' He also called for a 12-month maximum delay between a suspect being charged and tried, unless the delay was down to the defendant's preparation of a defence -- as well as proper recording equipment for evidence.
Mr. White said it was also clear from evidence that Det. Con. Richardson had failed to observe Force Standing Instructions. He said changes in the document should be clearly communicated and training offered if needed to make sure the FSI are understood.
The Commission will now draw up its report and Mr. Georges said it would be delivered with "all due dispatch'' to Governor Thorold Masefield. It is expected the report could be in the Governor's hands as early as this weekend.
Lawyer suggests conspiracy: Page 2