‘Glaring loophole’ allows accused officers to retire
A call has been made for police officers facing accusations of misconduct to be banned from retiring.
In the past five years, eight officers accused of misconduct have resigned or retired from the Bermuda Police Service, including former police commissioner Stephen Corbishley, who quit in October 2021.
A member of the public who made a formal complaint about the behaviour of a different senior officer said it was wrong that the officer was allowed to retire before the matter was investigated and resolved.
The complainant, who spoke on condition of anonymity, told The Royal Gazette: “It is a travesty that in the year 2025 the Bermuda Police Service continue to uphold outdated conduct rules that enable officers to conveniently sidestep accountability by retiring when facing serious disciplinary allegations.
“This glaring loophole not only undermines public trust but also raises serious questions about the integrity of the system meant to uphold law and order.”
The complainant’s call for reform was backed by the Bermuda Equal Justice Initiative.
Eron Hill, founder and executive director of the pressure group, accused the BPS of a “persistent failure to properly handle misconduct among its ranks”.
The Police (Conditions of Service) Orders, which were updated last year, contain two clauses about whether police officers accused of misconduct can resign.
Section 4.5 states: “No member shall be authorised to resign in the event of him being indebted to the Bermuda Police Service, or him having disciplinary proceedings pending against him.”
Section 4.6 empowers the Commissioner of Police to reject a resignation request when internal disciplinary proceedings are pending, taking into account the severity of the alleged offence, the public interest, and the need for maintaining discipline within the service.
The commissioner has to give written reasons for denying such requests and prioritise resolving these disciplinary processes.
The clauses appeared as 4.3 and 4.4 in an earlier 2002 version of the orders.
In Britain, Home Office regulations stopping police officers from resigning or retiring if they are subject to an allegation that could lead to dismissal came into force in January 2015.
Mr Hill said it was wrong that officers facing misconduct allegations could still “retire, collect taxpayer-funded pensions, and escape accountability”.
The complainant said misconduct investigations and disciplinary hearings against police officers were not just procedural necessities, but “cornerstones of public confidence in the justice system”.
They said: “When allegations arise that could lead to dismissal, the public have a right to see those proceedings through to their conclusion, ensuring transparency and accountability.
“Allowing an officer to fly away into retirement with allegations hanging over their head is not just a loophole, it’s a slap in the face to justice.”
The complainant said the UK recognised the need for reform more than ten years ago. “Over there, disciplinary proceedings march forward even if an officer resigns or retires, ensuring that alleged misconduct does not go unanswered,” they added.
“Bermuda should take a page from the UK’s playbook and prioritise public trust over outdated policies.”
Mr Hill agreed, adding: “How much public money has been spent paying pensions for officers who retired after being served with misconduct papers?
“How can the BPS claim to restore public confidence when such practices remain embedded in its policies?”
Mr Hill cited several cases of officers quitting or retiring in recent years when facing allegations of misconduct, adding that Mr Corbishley’s sudden departure, while the former commissioner was being investigated for gross misconduct, was “particularly troubling”.
“After the Governor initiated an investigation into his conduct, Mr Corbishley resigned.
“Bermudian taxpayers were then left to fund the litigation stemming from his actions, his repatriation to the United Kingdom, and the costs of relocating his belongings. Yet, the public remain in the dark about the specific allegations of misconduct …”
Mr Corbishley has denied any wrongdoing.
The BPS confirmed in a statement 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.
The statement said: “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 statement said if an officer in Bermuda resigned while subject to a criminal investigation, the inquiry would proceed to its conclusion, regardless of the officer's employment status.
Darrin Simons, the Commissioner of Police, said: “While we understand the desire for greater accountability, we must operate within the bounds of existing legislation.
“Any changes to this process would require action by the legislature.”
The BPS statement said the service remained “dedicated to serving our community with transparency and integrity” and welcomed “ongoing dialogue on how to enhance public trust in our police service”.
There was no response to a question on the issue put via the Department of Communications to national security minister Michael Weeks.
UPDATE: this story has been edited to remove an incorrect reference to there having been a recent change in policy regarding police officers accused of misconduct and their ability to resign. This assertion was based on a press release from the BEJI; the BPS said today there was no change in relation to this in the updated 2024 Police (Conditions of Service) Orders from the earlier 2002 orders, which also contained a clause saying no officer could resign if disciplinary proceedings were pending. See Related Media for BEJI’s latest statement, which addresses the error
Information Commissioner Gitanjali Gutierrez weighed up in her most recent decision whether records about an unresolved police conduct complaint should have been made public.
She determined that the public interest did not require disclosure by the Bermuda Police Service in the specific case she reviewed because the disciplinary matter was not concluded before the senior officer left the organisation.
“While there were public interest factors in favour of disclosure, there were several strong public interest factors that favoured maintaining the exemption,” the commissioner wrote.
“The most compelling was the fact that it would have been unfair and an invasion of personal privacy to disclose unfounded allegations and other preliminary details of a gross misconduct investigation that was never concluded.”
However, Ms Gutierrez noted: “Disclosure would have been important to promote transparency and accountability.
“Contrary to the BPS’s assertion, disclosure would have benefited more than the applicant alone. It would have benefited the public.
“The public have an interest in knowing of alleged wrongdoings of a high-ranking officer.
“Fuller transparency concerning such allegations and the determinations of the PCA promotes accountability within the BPS, particularly when leaving an organisation prevents a final decision of the allegations.”
The Pati applicant was the complainant quoted in the main report calling for officers accused of misconduct to be prevented from retiring.
The applicant told the Gazette: “I do not intend to judicially review the decision or take any further steps in relation to the ICO’s decision.”
A BPS spokesman said: “The Bermuda Police Service acknowledge the decision of the Information Commissioner in relation to this matter.
“We welcome the learning opportunities highlighted and will continue the work to ensure transparency remains a hallmark of the Bermuda Police Service.”
• To view the ICO decision and press release, see Related Media
• On occasion The Royal Gazette may decide to not allow comments on a story that we deem may inflame sensitivities. 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
