A policeman sacked for disclosing the identity of a public access to information requester to former police commissioner Stephen Corbishley has insisted he acted lawfully at all times.

Sergeant Travis Powell was told by a disciplinary panel on January 16, in the wake of a hearing last August, that he would be dismissed without notice having been found guilty of gross misconduct.

He told The Royal Gazette in a statement that his police career was over after nearly 25 years of service, that he was taking legal advice, and that he would “continue to defend” his decisions.

He will have seven days to decide whether to appeal the decision once he receives the panel’s written ruling.

Mr Powell, who won the Information Commissioner’s 2021 Award for Information Officers for his Pati work, said he “categorically rejected” the allegations against him.

The Gazette has seen documents revealing that elements of Mr Powell’s disciplinary matter related directly to one of the complaints which led to Mr Corbishley himself being investigated for gross misconduct, on the orders of the Governor, before he abruptly quit in October 2021.

That issue concerned a Pati request made on June 18, 2020 to the Bermuda Police Service by constable Robert Butterfield.

Mr Powell, who was the BPS’s information officer at the time, was accused of telling Mr Corbishley the identity of the requester in a phone call the next day, in breach of the Pati Act.

Mr Corbishley was said to have relayed the same information in an e-mail to Superintendent Gillian Murray, then the head of the BPS’s professional standards department, copying in Mr Powell.

Pc Butterfield’s home was later raided by police because of suspicions that he and a colleague had leaked information about Mr Corbishley’s marriage breakdown.

The BPS have since paid him and the other officer, who both denied wrongdoing, out-of-court settlements worth hundreds of thousands of dollars for obtaining the search warrant unlawfully.

Pc Butterfield complained about Mr Corbishley to Rena Lalgie, the Governor, who ordered an inquiry into the former commissioner regarding the alleged Pati breach and other allegations. The investigation was abandoned after Mr Corbishley, who denied any wrongdoing, resigned.

Pc Butterfield made a complaint about Mr Powell after Mr Corbishley’s departure and the sergeant was served with papers charging gross misconduct in February 2022.

His lawyer, Bradley Houlston, of Carey Olsen, is understood to have told the disciplinary panel, chaired by lawyer Nicole Smith, that the BPS’s handling of the matter amounted to an abuse of process.

He is believed to have pointed to a section of the Pati Act which provides an exception to the general obligation to keep the identity of a requester confidential, when the identity is disclosed to someone “required” to deal with the request, and to have argued that both the Department of Public Prosecutions and the Information Commissioner’s Office were satisfied that it was applicable in this case.

The lawyer is also understood to have claimed that Darrin Simons, now the Commissioner of Police, knew in September 2020 about the disclosure of Pc Butterfield’s identity, but took no action in relation to it, even though he was in charge of discipline at the time as deputy commissioner.

Mr Powell was also accused of withholding records from Pc Butterfield in relation to a later Pati request by wrongly stating that the documents he asked for were not held.

The sergeant’s lawyer is understood to have insisted that Mr Powell acted in good faith, having no way of knowing that records found during the processing of the request were the ones being sought by Pc Butterfield.

Mr Powell, in the statement he gave to the Gazette, said: “These allegations arose while performing the role as the information officer … almost four years ago.

“The decisions I made at the time were made in good faith, within the BPS code of ethics and the Pati Act frameworks.

“The various allegations were that I had disclosed the identity of a requester and engaged in related activities that were alleged to have breached certain professional standards.”

Mr Powell added: “Represented by legal counsel, I categorically rejected these allegations and had a lawful basis which is provided for under the Pati Act and Police (Conduct) Orders.

“The panel rejected the defences put forward by me, despite there being explicit and specific provisions in law for my actions.

“They dismissed me without notice following a letter from the Commissioner of Police to the panel recommending my dismissal. I will continue to defend my decisions.”

He said his career of almost a quarter of a century remained important to him, and he thanked colleagues and members of the public for their support.

The Gazette put questions to Mr Simons yesterday.

He responded: “The questions asked could have a direct bearing on whether or not an appeal is made or heard. Consequently, it would be highly imprudent and prejudicial to respond at this time.

“A substantive response to the queries may be considered once the appeal period has elapsed or after an appeal verdict has been rendered.”

It was not possible to reach Pc Butterfield for comment.

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