A police officer who pleaded guilty to intruding on the privacy of a female colleague has been fined $2,500 for the offence.

Prosecutors had called for Sean Simons to serve a minimum 12 months probation after he grabbed and kissed a fellow officer in a Hamilton bar in June 2021.

But magistrate Khamisi Tokunbo said a probationary sentence was not appropriate because he did not believe Simons would offend again.

In court yesterday, Shaunté Simons-Fox, for the Crown, read out a victim impact statement.

In her statement, the victim said that she suffered minor physical ailments for a short period immediately after the attack, but that the emotional impact had been much more damaging and long-lasting.

The victim, who cannot be named, said: “I no longer trust people – even people I’ve known for years. I feel I am a victim all over again for speaking out. The last year has been hell on Earth.”

She said that she carried a great deal of embarrassment and humiliation and that her daughters were still angry over the incident.

Pointing out that the offence carried a penalty of up to five years in jail, Ms Simons-Fox sought a sentence of up to 12 months’ probation.

But defence lawyer Elizabeth Christopher advised Mr Tokunbo that he should be wary of attaching “too much weight” to the victim’s statement.

Suggesting a conditional discharge for her client, Ms Christopher said that alcohol had “played a part” in the incident, and that Simons had been receiving therapy for drink-related problems.

She said that the incident had had “devastating consequences” for Simons, claiming that he had had to resign from the Bermuda Police Service because of it. She also said that Simons deserved credit for his guilty plea.

Simons also told the court that he had had to “resign” from the BPS because of his behaviour.

Simons did plead guilty to the charge – but not until the day he was due to stand trial last November – almost 18 months after the incident.

His admission was made as part of a plea bargaining agreement in which prosecutors dropped a more serious charge of sexual assault.

And according to the Commissioner of Police, Simons did not resign from the force but was sacked last month following an internal review process.

For the previous 13 months he had remained on the police payroll, although he was suspended from duty.

Addressing the court, Simons said that he had made efforts to contact the victim directly to apologise, but was told that he was not permitted to speak to her.

He said that he had known the victim for 15 years and that she had been to his house.

He said: “This has completely changed my life. I have had to resign from a life of service – 20 years with the Bermuda Regiment, ten years with the Bermuda Police Service.

“I never thought it would get to this point. How did it get to this point? I have no idea. But I plead guilty to the offence and apologise for it.”

Handing Simons a $2,500 fine, Mr Tokunbo said: “I understand that alcohol played a role in what you did and I accept that you may not have anticipated that [the victim] would have taken it this way.

“But that is the nature of this offence. It doesn’t matter what you think. What matters is that the person feels intruded upon, feels alarm – and that was the case in this case.

“Intruding on the privacy of a female can take many forms, from the very simple to the serious. Yours falls in the middle range because it involved physical contact.

“She told you to put her down three times, yet you thought you had a license to do that. You kissed her three times and that’s where it gets pushed up into the middle range – because you touched her and kissed her.

“What is aggravating for you is that you ought to have known better because you’re a police officer. There’s a high expectation placed on you and you knew that. The responsibility placed on you is greater.

“I’m surprised that the Crown took the position that this is a case for probation. I agree that you are low risk and I don’t think you’re going to do this again – you don’t need probation.”

Mr Tokunbo said he believed a $2,500 fine would reflect “the seriousness” of the crime and deter others.

He also said that Simons needed to continue with counselling sessions.

• It is The Royal Gazette’s policy not to allow comments on stories regarding court cases. As we are legally liable for any libellous or defamatory comments made on our website, this move is for our protection as well as that of our readers