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Third of unresolved complaints to PCA feature same officer

A serving policeman is the subject of a third of the unresolved grievances being dealt with by the Police Complaints Authority.The independent board, which is currently investigating 24 active complaints, told The Royal Gazette in a statement: “Of the outstanding cases over the past four years, eight concern one serving member of the Bermuda Police Service. The BPS has been advised by us how to proceed in these matters.”The statement was sent to this newspaper by the PCA’s acting chairman Will Francis, but he did not elaborate on the comments about the officer or answer further questions.The PCA, which has an annual budget of $20,000, did not name the policeman in question but he is understand to be the same officer referred to in the board’s last annual report.That report stated: “The continual failure to utilise the discipline process has resulted in one example of an officer who has been the subject of numerous complaints for over a decade.”Deputy Police Commissioner Mike Jackman has deflected questions about the policeman, saying only: “The BPS does not comment publicly on individual discipline matters.”The PCA has come under the spotlight in recent weeks, after this newspaper revealed it has yet to resolve cases dating back to 2008 and some complainants have been waiting for months for an acknowledgment of their grievances.Mr Jackman revealed that of the 24 active cases being handled by the board, two were lodged in 2008, three in 2009, four in 2010, six last year and nine this year.He said those matters were all investigated by BPS’s Professional Conduct Unit and passed to the PCA and that BPS was awaiting the board’s decisions.The board, in a statement dated July 12, said: “Pursuant to the legislation under which we operate, the PCA has given its opinion, advice and recommendations to the BPS on several outstanding matters that are yet to be resolved. If that advice is not accepted, then we will beg to differ.“And, of the outstanding cases over the past four years, eight concern one serving member of the BPS. The BPS has been advised by us how to proceed in these matters.”The statement said the legislation under which the PCA operated bound it to secrecy “except for matters which, in our opinion, should be disclosed”.It continued: “The PCA has confidence in itself and has the confidence of Government in its role as the overseer of discipline in the BPS.“It is not an easy task that we have taken on as volunteers, operating with one of the smallest budgets in Government.“Eminent Bermudian lawyers over the past 20 years have chaired this authority and have faced the same challenges that we face today.“The PCA shall continue to do its work in the knowledge that it has the confidence of the Government.”Mr Francis sits on the board with Andrew Bermingham, Barrett Dill, Winston Esdaille and Michelle Simmons.This newspaper first approached the members about their current caseload on June 26 but got no response. We sent detailed questions to Mr Francis, on his return from a trip abroad, on July 3. He did not respond before our first story was published on July 6.The July 12 statement he sent said the board had given “careful consideration” to the questions but concluded it should make a general statement, rather than provide answers.“We note that the current Ombudsman, Ms [Arlene] Brock, a former chair of the PCA, has given you some idea of how we function, as has the Deputy Commissioner of Police.“In our view, however, your articles have not presented a balanced viewpoint. But we are precluded from entering into a debate about this.”Mr Jackman did not respond to a request to comment on the PCA’s statement by press time last night.National Security Minister Wayne Perinchief promised additional resources for the PCA in November but in the 2012/13 Budget the board was given the same $20,000 allocation as the previous year.Mr Perinchief did not respond to a question about why the allocation didn't increase.A Ministry spokesman said two retired officers would be hired to investigate cases for the board.He added that the Ministry had “preliminarily discussed the means of funding these investigators without having to increase or overspend the $20k allocation in this fiscal year”.