A review of police conduct orders will be carried out this year and talks will be held with related organisations in efforts to “close gaps” around accountability, the Commissioner of Police has announced.

Darrin Simons conceded that the Bermuda Police Service were imperfect but insisted that they are relentless in their pursuit of fairness for officers as well as other members of the public.

He released a statement to address the issue of resignation and retirement of officers who may be subject to disciplinary proceedings.

Mr Simons said: “Maintaining the community’s trust is non-negotiable.

“Police discipline and accountability is a complex matter and we are always looking to close any gaps.

“This is why we chose to modernise our process in 2016. That first step is now eight years old and it’s time for a review.

“This year we will be reviewing our conduct and performance orders and opening dialogue with stakeholders to close any gaps.

“In the meantime, every complaint we get is treated seriously.

“We’re not perfect, but we are relentless in chasing fairness — for both officers and the community alike.”

The Police Amendment Act 2016 was tabled in the House of Assembly alongside the Police (Conduct) Orders 2016 and Police (Performance) Orders 2016.

Michael Dunkley, then the Premier, said that the Bill complemented the orders, which were made by the Governor and were designed to “focus more on learning and improvement rather than blame and punishment”.

Mr Simons told The Royal Gazette yesterday that the Act brought about the BPS’s standards of professional behaviour as well as an overhaul of the professional standards department.

He said that stakeholders expected to be involved in upcoming talks will include the Bermuda Police Association, the Governor, the Cabinet minister responsible for police, the BPS Independent Advisory Group and the Police Complaints Authority.

The BPS said last month that eight officers had resigned or retired in the past five years before the completion of a misconduct investigation or a decision to refer a matter to misconduct proceedings.

It added then: “Under current Bermuda law, there is no provision for continuing disciplinary proceedings against former police officers.

“This differs from the UK system, which allows for such continuation.”

The Police (Conditions of Service) Orders provided the police commissioner power to reject a request to resign where a member of the BPS has internal discipline proceedings pending against them.

It added that the commissioner “will take into account, on a case-by-case basis, the severity of the alleged offence, the public interest and the interest of discipline” in the police service.

Mr Simons said this week that the requirement for commissioner approval to leave the BPS — outside of mandatory retirement — “has probably existed” since the organisation’s establishment.

He added: “This isn’t about loopholes; it’s a longstanding procedure, rooted in common sense.

“That said, I appreciate how people may feel. When an officer leaves before a disciplinary case wraps up, it can feel like justice slipped through the cracks and nobody wants that.”

Mr Simons explained: “Bermuda's laws do not necessitate us to keep internal [disciplinary] investigations going once someone leaves the job.

“In the United Kingdom, there is legislation that enables the process to continue, or even start, after an officer quits. That does not exist here. And a change requires legislation.

“Until then, we must abide by the law.”

The commissioner said that cases of gross misconduct can take more than a year, often longer, to investigate and pointed out that short cuts cannot be taken.

He added: “If we weaken the safeguards that protect accused officers’ rights, we deny them a fair process.

“These investigations are as thorough as any serious criminal investigation. Anything less risks losing the case at the hearing or on appeal. And the cost of hearings?

“With a three-person independent panel, even the simple ones easily cost upwards of $20,000.

“A recent high-profile case, that utilised three King’s Counsel, cost a staggering $250,000. And this does not include the officer’s cost to defend the matter.

“With the current system, there is no escaping the significant cost. Other jurisdictions face similar issues.

“There are very real pragmatic benefits to accepting a resignation that I hope do not get lost in the discussion.

“The reality is that a resignation is a guaranteed, unappealable result that minimises effort and expense.

“Factoring the time to complete the investigation and the cost of a hearing, this could save more than $100,000. And following either a resignation or a dismissal hearing, the maximum consequence is in effect — the officer no longer has a job with the police.”

It is understood that the “high-profile case” was that of Nicholas Pedro, who was a BPS superintendent fired after a disciplinary hearing.

The police service said last year that the dismissal of the officer — who was not named by the BPS — came after a panel found him guilty of “conduct that was deemed incompatible with the high standards of integrity required for continued service”.

Mr Pedro insisted later that an “honest mistake” resulted in the panel’s finding against him.

Mr Simons addressed why a different approach is taken in Britain to resignations while disciplinary proceedings are pending.

He said: “In the UK, carrying the matter to completion is particularly important in the most serious of cases because they have a publicly searchable barred list.

“You only get on the barred list following a guilty conviction and dismissal.

“This prevents dismissed officers from rejoining any of the 43 UK police forces.

“In contrast, Bermuda has one police service. If someone leaves while under a gross misconduct investigation, this forms part of their HR file and rehire isn’t a concern.”

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