Magistrate: Corbishley inquiry 'must be disclosed’
A magistrate considered an inquiry into alleged misconduct by Stephen Corbishley, the former commissioner of police, to be “likely relevant” in a case over which he is presiding.
In February, Jerome Lynch, KC, lawyer for Mark and Tricia Monk, asked to see results from the inquiry, conducted by Andrew Bermingham, and claimed that it could affect the defence of his clients.
Granting this request, magistrate Khamisi Tokunbo ordered a summons for Tom Oppenheim, the Deputy Governor, to come to court with the report.
Calling the summons unconstitutional, Saul Dismont, representing Government House, suggested that the report should not be disclosed because it was irrelevant to the case against Mr and Ms Monk and falls under public interest immunity.
Public interest immunity allows for some evidence to not be disclosed if doing so would be against the public interest.
Mr Tokunbo disagreed with Mr Dismont’s views and said that prosecutors can determine the report’s relevance.
In his judgment delivered in court yesterday, he said: “While I had previously accepted that there was a likeliness of relevance, I am now more satisfied that the report is likely material or relevant material following the further explanation of the defence case and the array of documents in which they rely on.
“I find that the report in the applicant’s possession is likely relevant or material evidence and it must be disclosed as unused material in these proceedings to the prosecutor for the purpose of assessing material in the first place.”
Mr Tokunbo did not make a ruling on the possible use of public interest immunity, saying: “At this stage, I make no finding to the applicant’s fallback position that, in any event, the report is protected by PII. If need be, that issue will arise pending its assessment by the prosecutor once it is disclosed to him.”
Mr Monk, 41, denied using a phone to cause Mr Corbishley “annoyance, inconvenience or needless anxiety” between July and August 2021.
Mr and Mrs Monk, also 41, plead not guilty to harassing Superintendent Gillian Murray, the former head of the Bermuda Police Service’s professional standards department, between May and August 2021.
Mr Monk also denied attempting to pervert the course of justice by harassing officers and accusing them falsely of perjury between June and July 2021.
Mr Tokunbo adjourned the case to July 25.
• Magistrate Khamisi Tokunbo’s full judgment can be found under “Related Media”.
• It is The Royal Gazette’s policy not to allow comments on stories regarding court cases. As we are legally liable for any slanderous or defamatory comments made on our website, this move is for our protection as well as that of our readers
