‘Bermuda has a strong reputation but it is easy for that to disappear’
The outgoing Governor of Bermuda has said that work must continue to better hold those in senior constitutional positions to account.
Rena Lalgie reflected on her time in office during a sit-down interview with The Royal Gazette at her temporary residence at Los Zorros in Paget.
In delivering the 2024 Throne Speech, Ms Lalgie announced that Government House and the Government would work together to develop a revised legal framework for accountability under the Bermuda Constitution Order 1968.
Speaking on progress being made, she said: “I have worked within the parameters that are set out in the Constitution and other legislation, but I believe that more can and should be done to ensure that we continue to have confidence in the fact that we have processes that work, holding to account those who have acted in a way that is not consistent with their office — a process that is robust and fair.”
It was announced last week that the findings of an external review into the culture within the Bermuda Police Service will be made public. This was after it was revealed that Hertfordshire Police in Britain conducted the review last year at the request of Ms Lalgie.
There were a number of civil legal actions brought against Stephen Corbishley, the former Commissioner of Police, and while the Governor ordered a misconduct inquiry, it was dropped when he resigned with two years left to run on his contract.
The BPS professional standards department found during its inquiry that the police unlawfully obtained a warrant to search the homes of two officers whom the former commissioner had been trying to have dismissed.
Speaking of the culture review, Ms Lalgie said: “In the past 2½ years, I have been working with the BPS to get to the point of agreeing terms of reference for a review of this nature.
“It’s really an opportunity to pause and reflect. I trust that the organisation has engaged with it, reflected on some of the recommendations and thought about what happens next. That is going to be the key part of the discussion.
“It was important for me in my capacity as the Governor to be able to engage in that discussion and facilitate the support.”
Mr Corbishley joined the BPS in August 2018 and resigned abruptly in October 2021 while under investigation for alleged gross misconduct.
Government House refused at the time to answer questions related to his resignation, Ms Lalgie providing no reasons in her announcement of the news and subsequent statement.
Asked whether Mr Corbishley, who was appointed by former governor John Rankin, was asked to resign to avoid embarrassment to Government House, Ms Lalgie said: “It is a matter of public record that I had initiated a process, and that was ongoing at the point at which Mr Corbishley resigned from his office.
“I believe that in a system where we hold people to account for their conduct, there has to be a process by which you go through and conclude before reaching any decisions. It was ongoing when he resigned and I accepted that resignation.”
Asked whether she was concerned about the number of civil legal actions brought against Mr Corbishley, the payment of sizeable financial settlements to police officers and cases of officers convicted of crimes during her tenure, she added: “I would be concerned if we had a system which didn’t allow for concerns to be raised properly, going through due process and for the outcome not to be predetermined. I don’t think that is where we are.
“That is at the heart of good governance. If there is a sense that in a jurisdiction there are people who are above the law, who can operate in ways that start to look and smell like corruption, that does not inspire confidence.”
As Governor, Rena Lalgie reserved assent on cannabis legislation in 2022, plunging Bermuda into uncharted constitutional waters.
She said it was a challenging time for her, not least because of general misconceptions around the Governor’s role.
“Being a governor in a small jurisdiction, the people who are affected by your decisions, you see them in the streets, in your church ... there is a proximity,” she said.
"One of the things that I think was challenging was the extent to which people were thinking, how is it that the Governor gets to make these decisions?
“It is clearly set out in the Constitution. In my opinion, I did reach the view that it engaged, and ran counter to, the international obligations of the UK and Bermuda.
“It was not a personal view on the rights or wrongs of legalisation, and neither was it a professional view or judgment on the social policy considerations. It was about the international obligations.
“The door remains open for that conversation to continue, and when the elected government is of the view that is something we should discuss, it will come forward.”
Ms Lalgie would not be drawn on whether she believed the Bill was put forward by the Government as a political move to drive a wedge between the Bermuda and British governments, and promote a case for independence.
According to multiple sources in the legal field, a puisne judge was suspended during Ms Lalgie’s tenure, but the outgoing Governor has not spoken publicly about the situation.
“I have not answered any questions on the speculation that has come through The Royal Gazette and others,” she said. “I am a firm believer and advocate of judicial independence. That doesn’t suggest that we shouldn’t have processes that allow for people to be held accountable for their conduct.”
With a General Election set to go ahead on February 18, Ms Lalgie emphasised the importance of voters engaging in the democratic process.
“It is a privilege for us to be able to exercise our democratic rights to vote,” she said.
“I say it is a privilege, but I believe it is a right. However, when I look around the world, I can’t help but feel like it is a privilege that millions are not afforded in the way that we are.
“My continued hope for Bermuda, as with the UK, is that we can continue to live in a society where we can hold different political opinions, and have a right to voice those in a way that is free and open.”
Ms Lalgie was sworn in as Governor in December 2020, making history as the first woman and Black person to hold the post.
She said among her proudest achievements in office have been upholding the reputation of Bermuda internationally and supporting community organisations.
“I know the importance of good governance to the economic prosperity of a jurisdiction,” she said.
“Bermuda has such a strong reputation globally, but, as we have seen in other jurisdictions, it is easy for that to disappear.
“I am proud of the extent to which I have performed the role that the Constitution affords to the Governor. It is really important that people are reassured that Bermuda is well-governed and stable. I have done everything within my power and authority to ensure that is the case, and sometimes that is doing things that people do not agree with.
“The extent to which I have had the opportunity to engage with the community, identifying groups and organisations, and ways to help and support their efforts, has been something that I am incredibly proud of.”
These include the Bermuda Philharmonic Society, the Bermuda School of Music, the Duke of Edinburgh’s Award and the Pals cancer care charity, which fall under the patronage of the Governor.
Ms Lalgie said she will return to London, take some time to reflect and figure out her “next chapter”.
In conclusion, she said it had been a “true privilege” to have served Bermuda, not least as a Black woman and as a mother.
She said: “It is really important to me that there isn’t a sense that there are rooms I can’t sit in or jobs I can’t do because I am Black and a woman.”
Ms Lalgie’s successor, Andrew Murdoch, will be sworn in on January 23.
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