The Bermuda Police Service have released a series of e-mails requested under Pati legislation after initially branding the request frivolous.

According to a recently released decision, in August 2020 the applicant had sought e-mails regarding a criminal complaint that they had made to the police, along with witness statements, charge sheets, summaries of evidence and other documents.

The BPS denied the request on October 5 of that year on the basis that the Commissioner of Police found the request was “frivolous or vexatious” under section 16(1)(e) of the Pati Act.

The matter was referred to the Information Commissioner, who launched an independent review.

An ICO decision, dated March 23 this year, said that during the review process the applicant decided to reduce the scope of the request and pursue only access to e-mail correspondence between specific BPS officers about the complaint.

“The BPS and the applicant were invited to comment on this application and to make submissions to the Information Commissioner for consideration in this review,” the decision stated.

“The BPS was further asked specific questions to justify its reliance on section 16(1)(e) of the Pati Act. Both the BPS and the applicant made submissions.

“In its submissions, the BPS conceded that its reliance on section 16(1)(e) was not justified and confirmed that it no longer relied on the administrative ground.”

The decision noted that the requested e-mails were provided to the applicant on March 20.

“In coming to a decision on this matter, the Acting Information Commissioner considered all the relevant information provided by the applicant and the BPS,” the decision added. “She is satisfied that no matter of relevance has been overlooked.

“Considering the BPS acknowledged that its reliance on section 16(1)(e) was not justified and that it no longer relied on the administrative denial ground to deny the Pati request as well as the disclosure made, the Acting Information Commissioner finds that no issue remains for her to consider in this review.”