A review is being carried out within the Bermuda Police Service after the Supreme Court ruled that the arrest of Zarah Harper and a search by officers of her home were unlawful.

Darrin Simons, the Commissioner of Police, said steps would be taken to prevent a repeat of the incident.

His comments came after Zane DeSilva, a former Cabinet minister and the father of Ms Harper, called for a “root-and-branch review” of the way powers were exercised by BPS officers.

Police attended the home of Ms Harper early in the morning of October 12, 2020, as they investigated an event she was involved in organising at Blu restaurant during the Covid-19 pandemic.

Chief Justice Narinder Hargun found, in a judgment handed down on Friday, that no credible explanation was given “as to why a 6.45am dawn arrest by six police officers at her home address, where her children and husband resided, was necessary or appropriate”.

Mr Simons said yesterday: “The Bermuda Police Service acknowledge the decision of the Chief Justice in the Zarah Harper case.

“We recognise the need to bring our policies and procedures in line with findings in the judgment.

“A review, led by the Assistant Commissioner of Crime, is under way to ensure we extract all the learning and incorporate the required changes to policy and procedure that will prevent a recurrence.”

Ms Harper sought a judicial review of decisions made on behalf of the Commissioner of the BPS — at the time Stephen Corbishley held the post — and asked the court, among other things, to declare her arrest and the search of her home as unlawful.

Mr Justice Hargun found in her favour and said the businesswoman was free to apply for a further hearing to determine whether compensation should be paid to her for unlawful arrest, false imprisonment and violation of her privacy; and, if so, how much.

Mr DeSilva said after the judgment last week: “Today is a complete vindication of my daughter.

“On October 12, 2020, six police officers carried out a dawn raid on her home in front of her three young children in order to gain evidence of some alleged wrongdoing related to the event at Blu, for which we were acquitted last year, without obtaining a warrant.

“At the same time, they executed a warrant for the search of her business premises at Vibe Radio.”

The Progressive Labour Party MP added: “What the case exposes is a serious failure by the Bermuda Police Service to exercise their powers properly.

“There is no excuse, the law has been settled for some time following the outrage they perpetrated against Dr [Mahesh] Reddy in the same way only seven short years ago.

“It is only because people like me and Dr Reddy can afford to challenge these excesses that they are exposed.

“What worries me is that this is far more widespread and is simply being allowed to happen because people can’t afford to make the challenge.

“Police powers are given to them by consent of the people.

“They have no right to abuse them.”

He said: “The right to your privacy and the sacredness of your home is fundamental to a free society and is enshrined in our Constitution.

“I call for the Commissioner of Police to conduct a root-and-branch review of the approach taken by his officers to their powers to arrest, search and seize property, whether by warrant or not.

“This simply must not happen again.”

Mr Justice Hargun said it was common ground that Ms Harper’s three small children and her husband were present when officers entered her home but that there was "dispute between the parties as to whether she was arrested and searched in the presence of her children”.

Ms Harper said last week she would have been “more than willing” to attend a police station if she had been asked.

She added: “It’s unfortunate, because I don’t know if my view of the police will ever change, it’s for ever scarring.

“Now I have to learn and figure out how to be wise and how to guide my children in that regard.

“You know, these are the people you’re supposed to trust and that are supposed to protect you, but now, from this experience, I have my doubts.

“It needs to be fixed.”

Jerome Lynch, KC, who represented Ms Harper in the case, highlighted that police powers could substantially affect ordinary people.

He added: “Your home is your home; this is where you want to feel safe and you have a right to feel safe.”

Mr DeSilva and Ms Harper were both charged with providing information to a government official that they did not believe to be true in relation to the July 3, 2020 event at Blu, but the pair were cleared of the offences by a Supreme Court jury last October.

A third defendant, Angela Caldwell, from Warwick, was earlier acquitted of giving false information to a public officer in relation to the gathering, after Puisne Judge Shade Subair Williams found she had no case to answer.

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