The shooting of a Sandys man with rubber bullets last year was “justified”, Police said yesterday, as findings from an investigation into the shooting were released after 17 months.

But the report also called for a more defined command structure when responding to violent situations which may call for the use of firearms and suggested a number of improvements in the manner Police handle such incidents.

Both the Bermuda Police internal investigator and an external examiner from Canada agreed the January 9, 2001 shooting of Stephen Proctor was a good shooting, but last night Proctor's lawyer reiterated concerns excessive force was used on his client.

“I realise the Police have a difficult job to do,” said lawyer Patrick Doherty.

“But the real issue is that Mr. Proctor has mental health problems and Police didn't recognise or respond to that. Instead they resorted to severe force.”

Proctor was shot three times by the Police Emergency Response Team (ERT) after he threatened family members and officers in a rooftop standoff on Rockywold Drive - it was the first-ever local shooting with a weapon.

“They put the officer at risk and (Proctor) at risk in that situation when the should have looked at alternatives to severe force,” Mr. Doherty added.

Over the course of Proctor's trial, it emerged that the 53-year-old poured kerosene over officers, brandished weapons and threatened to kill them.

“Our attendance included operational officers, a trained negotiator and members of the emergency response team,” the statement released by Police said. “...As this incident evolved, the Police officers were faced with an armed Proctor on the roof. He destroyed portions of the roof and used the material as missiles. He had a known disposition for violence, and after attempts at negotiation were made and deemed unsuccessful, a tactical decision was made to climb onto the roof and subdue him.

The statement continued: “Mr. Proctor was armed with two weapons: a Police baton (disarmed from one of the officers) and a metal mallet.”

The statement went on to say the decision to shoot was made by “under rapidly changing circumstances” once officers has accessed the roof.

“The constable warned Mr. Proctor he was armed, but Mr. Proctor continued toward the officer, who, in fear for his own safety, and that of other officers, fired one baton round at Proctor's leg from a distance of approximately eight feet,” it said.

“This appeared to have no effect and two further baton rounds were fired at Mr. Proctor's lower body.”

Proctor then fell and was disarmed and arrested.

Police referred to the shooting with rubber bullets as the “less lethal option”.

Bermuda's ERT are armed with Heckler and Koch MP5 submachine guns but also carry the Arwen 37 - which fires plastic batons with sufficient force to subdue a suspect without killing them.

In the statement released yesterday, Commissioner Jonathan Smith said firearms are a necessary part of law enforcement.

“It is a reality of policing today that a modern Police service requires an armed capability - that is, the need to deploy with weapons when circumstances warrant,” he said.

“That capability is best supported by having a contingent of fully-trained officers, modern firearms, a firearms manual, regular training and policies and procedures to follow when a discharge occurs.”

Assistant Commissioner Carlton Adams conducted the local investigation while a member of the Toronto Police Service performed the external assessment.

Both men said there was a “deficiency” on the scene in terms of the command structure and recommended this be addressed for better handling of future incidents.

Among the suggestions that have since been implemented are additional firearm incident commander training, the wider distribution of guidance manuals and increasing the number of crisis negotiators.

“We have established a memorandum of understanding with the Bermuda Hospitals Board to better coordinate the use of expert mental health, psychiatric and/or psychologist assistance during critical incidents,” the statement added.

Last night Police spokesman Dwayne Caines told The Royal Gazette<$> there is no intention to release the full report of the investigation “at this time”.

Mr. Caines said security considerations went into the decision not to release the entire report but Commissioner Smith felt it vital to release the findings to the public.

“The Commissioner believes that when a discharge occurs, the public, quite properly, deserves an explanation as to why a member of the community has been shot at,” the statement said. “Anything less than that will not instil confidence in your Police Service.”