Shooting inquiry to be kept under wraps
Police plan to keep secret the results of an internal inquiry into the first ever shooting of a suspect with rubber bullets, The Royal Gazette can reveal.
The news was condemned by Shadow Home Affairs Minister Michael Dunkley and the man's lawyer Patrick Doherty, who said the results must be made public to reassure the community that Police had followed their own rules.
Mr. Doherty said his client, Stephen Proctor, feels the public need to know the results of the inquiry and he insists the officer from the emergency response team who shot him three times used excessive force.
Deputy Commissioner Jonathan Smith held a press conference on January 11 to say Police were holding an internal inquiry to find out if proper procedures were followed when officers shot Mr. Proctor two days earlier.
But yesterday Police spokesman Coleman Easton said the results of the investigation will be kept under wraps.
"We announced we were holding the internal investigation to reassure the public that we are checking if procedures were followed,'' said Mr. Easton.
When asked by The Royal Gazette if the results of the investigation will be made public, he said: "No.'' Mr. Doherty said yesterday: "My client at a minimum requests that the results be made public. He received injuries and he questions whether this amount of force was necessary.
"He has serious concerns about the manner in which he was treated and he feels it was clearly excessive Police force.
Result of shooting inquiry to be kept under wraps "These things should not be conducted behind closed doors because they are so crucial to policing and the public in Bermuda that it has to be an open and thorough inquiry because it was an extremely disconcerting situation.
"I am not trying to tell the Police how to do their job, but even if the emergency response team was necessary, the firing of rubber bullets at him was completely excessive and there were alternative measures that could have been employed.
"He was in a distressed state and showing refusal to get off the roof, but it was a cold night and you could have sprayed him with water and he would have got off.'' Shadow Home Affairs Minister Michael Dunkley said: "This was a very public incident that received quite a bit of discussion throughout the community and it was fit and proper for the Police to announce an inquiry.
"I am disappointed that the results of the inquiry will not be made public because that is the only way to bring closure to this.
"If you are having results kept secret some people will interpret that as that there were problems.
"The Police want to continue to build public confidence and to do that they should share as much information as possible with the public.
"In the end it will lead us all in the community to want to work with the Police if we have buy-in and feel comfortable with them as a team.
"If you have an inquiry and keep the results secret, it can only hamper that relationship and this type of thing can only make this harder to accomplish.
"I want to make it clear that we are not asking for the Police to divulge any secrets about their procedures that would make it easier for criminals or jeapoardise the job of the Police.
"There has to be some secret stuff, but we want to know the results of the inquiry.'' Mr. Proctor, 52, was shot three times by a member of the Police emergency response team following a three hour stand-off at his home in Rockywold Drive, Sandys, on January 9.
Deputy Commissioner Smith said Mr. Proctor, who was on his roof, was armed with a mallet and had taken a Police baton and assaulted an officer.
He said the officer fired three rubber bullets from a range of eight feet when Mr. Proctor ignored a warning and came towards an officer and when it became clear the situation was dangerous.
At the press conference on January 11, Mr. Smith said: "The discharge of a Police weapon requires, as prescribed by the manual of guidance, that an investigation be launched, and one has been ordered, that will be headed by a senior officer.
"This investigation will examine whether the protocols and policies that are in place were complied with.
"I would anticipate that conclusions will be drawn and that any recommendations that arise out of the investigation will be actively considered.'' Mr. Proctor will stand trial in March on charges of behaving in a threatening manner, assaulting a Police officer and causing him bodily harm during the incident.