has been so expertly and lucidly dealt with by the Editors of Blackstone's Criminal Practice 2000 at pages 2275 to 2279 that we can do no better than to photocopy those pages and to attach them to this report with the kind permission of the publishers.

24. The physical facilities shown to us at Police Headquarters at Prospect for the conduct of identification parades are wholly unsatisfactory. The police do their best to adapt a bar and a recreation gymnasium for the holding of parades. The dangers militating against the fairness of the parade even if the police take every available precaution are manifest. There is urgent need for the construction of a purpose built facility for the conduct of ID parades.

25. Several persons, including the representatives of women's groups, have called for the use of a two way mirror by witnesses attending ID parades. They cite the fear of intimidation as the reason for making such a call. But concerns have been expressed for the rights of suspects if such facilities are employed without appropriate safeguards. Here again, PACE sets out detailed procedures, which allow for the attendance of a solicitor or friend, and which seek to ensure the complete fairness of ID parades where such mirrors are used.

26. We recommend that a thorough study of Code D be also undertaken to see to what extent its provisions relating to identification by Police officers or by witnesses, identification by fingerprints, photographs, identification by body samples and impressions, can be incorporated into Bermudian law.

27. The Police have complained that they are hamstrung by the absence of legislation empowering them to take the fingerprints of suspects before any charge is laid without the consent of the person concerned. Reference has been made to the dubious means adopted by the Police to obtain fingerprints, in the absence of authorisation by the Court, without seeming to offend the letter of the law which prohibits the taking of fingerprints without consent. In this regard, a careful study of Code D 3 may offer some guidance. In particular, attention should be paid to: "3. 2 Powers to take fingerprints without consent from any person over the age of 10 years are provided by Section 27 and 61 of the Police and Criminal Evidence Act 1984. These provide that fingerprints may be taken without consent: (a) From a person detained at police station if an officer of at least the rank of superintendent has reasonable grounds for suspecting that the fingerprints will tend to confirm or disprove his involvement in a criminal offence and the officer authorises the fingerprints to be taken.

3. 2A A person whose fingerprints are to be taken with or without consent shall be informed beforehand that his prints may be subject of a speculative search against other fingerprints.

3. 4 The fingerprints of a person and all copies of them taken in that case must be destroyed as soon as practicable if: (a) he is prosecuted for the offence concerned and cleared; or (b) he is not prosecuted (unless he admits the offence and is cautioned for it.

An opportunity of witnessing the destruction must be given to him if hewishes and if, in accordance with paragraph 3.1, he applies within five days of being cleared or informed that he will not be prosecuted.

3. 5 When fingerprints are destroyed, access to relevant computer data shall be made impossible as soon as it is practicable to do so.

3.6 References to fingerprints include palm prints.

(c) Documentation 3. 7 A record must be made as soon as possible of the reason for taking aperson's fingerprints without consent and of their destruction. If force is used a record shall be made of the circumstances and those present.

3. 8. A record shall be made when a person has been informed under the terms of paragraph 3.2A that his fingerprints may be subject of a speculative search.'' 28. If our recommendation to enact a version of PACE suitable for Bermuda is accepted the police must embark upon a comprehensive training programme as soon as the legislation is passed so that all officers concerned will know what new powers and duties will fall to the Police. Particular care must be taken to ensure that the many records which the legislation will require are carefully and properly kept. Failure to do so may in the end, vitiate any ensuing conviction.

29. From all that we have seen and heard, we cannot stress too strongly the urgent need for the introduction of further forms of PACE legislation to Bermuda. We are not satisfied that the Police understand clearly or at all, that the legal rights of a suspect in custody must prevail over what they, in their own subjective determination, consider to be operational expediency.

30. The ingenious bending of the law that they have frankly admitted to us in many conversations, represents the thin end of a wedge that opens the door to complete lawlessness by police officers, once they form the habit of resorting to questionable practices even in the laudable pursuit of investigating a serious criminal offence.

31. We are satisfied that all of the officers with whom we have spoken are anxious to do what is right. We have observed in them a commendable decency both as police officers and as human beings. They feel impaled upon the horns of a dilemma when they have to decide between observing the true spirit of the law, and possibly letting a prime suspect go free, and giving the law a strained and questionable interpretation, in an attempt to bring to justice a person whom they genuinely believe ought to be put upon his trial for the offence which they are investigating.

32. It is to the great credit of all those officers, that they each and every one of them have expressed discomfort with the existing situation. They say to a man that they would welcome PACE legislation which clearly sets out the rules and which relieves them of their present temptations to improvise.

33. We for our part wholeheartedly support the call so urgently made from all sections of the criminal legal spectrum for the earliest possible passage of further forms of PACE legislation suitable to the needs of Bermuda.

*** INTRODUCTION OF COURT REPORTING 1. Bermuda sees itself, and is seen abroad, as a very wealthy and prosperous country. Both residents of Bermuda and visitors to these Islands regard Bermuda as one of the finest places on earth in which to live. It is no third world outpost wracked by poverty and inefficiency. It ranks amongst the leaders of the world in every index of national achievement -- standard of living, quality of life, gross domestic product, quality of the environment, natural beauty and in the highly competitive arena of the financial services and insurance industries.

2. Against this backdrop, the expectation is that Bermuda lives upon the cutting edge of modern developments, that standards and practices in all things are extremely high, that the elegance and charm of the Victorian and Edwardian eras are comfortably accommodated within the setting of the latest sophistication of the age of Information Technology and the Information Super Highway.

3. Reference has been made to the need for the Police to modernise much of their equipment and of their practices. But there is also need for the Courts to emerge from the age of the quill, where a monocled judge took down the evidence in the graceful penmanship of those days, and to be brought forth into the era of computer aided transcripts, where the evidence appears in English upon a monitor on the desk of the judge as it is being articulated by the witness testifying. Quite apart from criminal trials, this capability is now a burning necessity for commercial and other civil trials in the Supreme Court.

4. Each new technological advance brings with it its peculiar problems.

Transcripts tend to be voluminous because every word said is recorded. But the advantage of a system under which the transcripts are available initially at the end of any given session has too much to commend it for any serious argument to the contrary.

5. Even the work of this commission was severely hampered by reliance upon the relatively ancient technology of tape recordings, which, despite the commendable industry and indefatigability of Mrs. Betty Dale, who prepared most of the transcripts and rendered secretarial services, resulted in serious lags between the completion of a given day's sitting and the availability of that day's transcripts. The result of all this is that in order to meet our deadline of September 15, 2000, we have not been able to study all of the transcripts as closely as we would have liked and have had to place much reliance upon the notes which we were able to make and from the documentation which was submitted for our consideration.

6. In these circumstances, we would strongly recommend the installation of the latest computer aided transcription systems, and that all parties concerned including judicial personnel at every level, receive the necessary training in the use of this equipment. Adequate arrangements must also be made from the outset for service and maintenance and for the ready availability of every needed accessory, part and material. Needless to say, a trained corps of service personnel or a reliable service company must also be identified and put into place.

*** PART 11 THE CULTURE OF THE POLICE SERVICE 1. There is urgent need for a cultural change in the Bermuda Police Service.

The passwords through which it seeks to achieve its objectives should be `loyalty', `hard work', `professionalism' and `duty of care'. The password `loyalty' denotes loyalty to the service, to the noble ideals for which it was established, and to those sacred canons by which Police Services have conducted themselves in the Common law countries of the English speaking world since the time of Sir Robert Peel.

2. `Hard work' exemplifies the unceasing vigilance which the Police must always maintain and the unstinting effort which must always be made lest the insidious forces of lawlessness undermine the rule of law and threaten the existence of freedom and democracy.

3. `Professionalism' signals the maintenance of those high degrees of requisite skills which the modern police service must possess: a mastery of the police protocols and procedures in those areas of modern science applicable to their work, such as the collection of samples for DNA analysis, the use of the latest techniques in finger printing, photography, intelligence gathering, ballistics, traffic control and crowd control: a thorough familiarity with the very latest investigative techniques employed by CID operatives, and the capacity to maintain a harmonious relationship with the public upon whom it depends to provide the resources for carrying out its work, and for whom it must provide the protection and tranquillity without which a democracy cannot flourish.

4. `Duty of Care' refers to the comfort and reassurance which the Police must be trained to provide for the victims of serious criminal offences. But this duty may extend to situations as diverse as helping in the rescue of a boat stranded at sea, to helping a child or an elderly person to cross a busy intersection. It has been described as the human face of the service. Together with their resourcefulness and courage in the face of danger, they are required to show compassion in the face of human suffering. It is because so much is required of anyone holding the office of constable, that policing has been described as being the prince of the uniformed services.

5. The existing culture, particularly within the upper echelons of the force, is one of satisfaction with its past achievements and present performances.

There appears to be an insufficient awareness of the extent to which the developed world has moved on, and a reticence to embark on new practices and procedures. There appears to be but little grasp of the extent to which science and technology now dominates our lives and of how rapidly the processes of change lead to what has been described as `future shock'.

6. During his evidence to the Commission Acting Assistant Commissioner Richmond suggested that serious sexual abuse cases are dealt with by members of the Bermuda Police Service in a highly professional and commendable fashion. He later made available the prosecution files of 7 such cases reported in Bermuda during the 12 month period ending 31st July 2000.

7. From detailed examination of these files, it is apparent that officers statement taking ability is reasonably adequate to adduce the circumstances of the particular crime. However, the essential details which often enable corroboration of the victim's allegation were not present thereby not allowing for the prospect of supportive scientific evidence.

8. Each case presented a tremendous opportunity for the use of forensic support but the prosecution files were completely devoid of such evidence. It is known that during the same 12 month period of the commission of these offences, samples from only one case, a murder, were forwarded to an agency in Canada for DNA analysis. The case of Rodney McDonald Wilson v The Queen, Criminal Appeal No. 25 of 1993, Bermuda reveals that as far back as 1991, the efficacy of DNA evidence has been clearly demonstrated. The accused, charged with a brutal rape, denied being involved in the attacks. However, DNA evidence subsequently established that his story was false and that he was in fact the culprit. Yet nine years later, this valuable investigative sword, is rarely if ever unsheathed and lies in the main, rusting within its scabbard.

9. There appears to be a general consensus held by senior investigating officers that a change to existing policy is urgently called for. The local government analyst can no longer be relied upon to process forensic exhibits on behalf of the Bermuda Police Service. Efforts should be made by the Police to develop their own scientific capability, or firm arrangements made for scientific analysis to be carried out by the Forensic Science of the United Kingdom.

10. The absence of the requisite scientific capability can do little to build confidence in the professional investigation of serious criminal offences in Bermuda. It follows, therefore, that a review of existing procedures is urgently called for in order to support any contention that the Bermuda Police Service is moving towards effective criminal investigations enjoyed in other jurisdictions.

11. It would appear to us that, perhaps because of the many allegations hurled at them from all sides following the Middleton case, the Police have since then, adopted a somewhat defensive posture. Their senior officers who appeared before the Commission behaved in the main as if they felt themselves to be under attack. The best form of defence in their view, was to bombard the Commission with a barrage of written material in the hope that that would be irrefutable evidence of their industry or efficiency.

12. They appeared to bristle when complaints or allegations made by other witnesses were put to them. They seemed to be uncomfortable with any suggestions that their practices and procedures were in need of overhaul or modernisation. They gave the impression of being content with the status quo and to be suspicious of any suggestions that changes were necessary.

Ironically, this insular and inward looking philosophy does not exist below the level of the topmost echelons of the Service.

13. Far too much time appears to have been spent in the preparation and dissemination of elaborate plans for the structuring of the service and for the strategies designed to ensure maximum performance and achievement.

Insufficient time, by the same token, appears to have been taken, particularly above the level of superintendent, to ensure that such plans as have been formulated are actually executed on the ground.

14. The presentation made before us by Superintendent George Jackson, CPM, Acting Deputy Commissioner, included a draft to be presented to the Commissioner of Police and Policy Committee Review, August 2000. Page 15 of that draft at paragraph 4.2.2. contains the recommended reorganisation of investigative units in a Crime Management Model. At the top of the pyramid sits the ACOP. But there is no vertical connection shown on the chart which involves an upward linkage beyond the level of ACOP. This chart is a reflection of what has been reported to us. It confirms the reports that for operational purposes, the actual duties of command are carried out at the level of a superintendent reporting to an ACOP. Paragraph 4.5 sets out the role of the Crime Manager.

15. Paragraph 4.5.1 reads: "The post holder will have the authority of the Commissioner of Police to employ and deploy as appropriate measures deemed necessary in the management of crime. This authority supersedes divisional boundaries.'' 16. We understand the above paragraph to mean that the Commissioner's authority has been fully delegated to the Crime Manager. This is consistent with the existing practice as it has been reported to us.

17. We are firmly of the view that the topmost leadership of the service should be more directly involved in the conduct of day to day operations in serious cases and should not surrender that conduct totally to a Superintendent who reports to the ACOP.

18. We have made reference elsewhere to the need for implementation of previous reports. The Tumim, Grundy and Gale Reports have identified some essential operational requirements which, when looked at today, have yet to be actioned. We strongly recommend a revisit of all previous reports to determine which recommendations are still of value notwithstanding the passage of time and any alteration of circumstances. All of those recommendations which have been previously identified for action should be given urgent attention unless subsequent events have made their implementation no longer desirable, worthwhile or feasible.

19. It has been reported to us that the Commissioner Lemay demits office in April 2001. We understand that it is hoped to announce the appointment of a Commissioner designate by December 2000. Concurrent announcements are expected to be made concerning the posts of Deputy Commissioner and Assistant Commissioner.

20. In anticipation of the need to fill these senior positions within the service and such vacancies which may have arisen in the wake of those appointments, a system of short term acting appointments were made. This policy was pursued for the purpose of observing the manner in which the `actors' performed in different situations and in rotation around different posts. The rationale behind this policy is readily understandable. But, from our observations, it has led to much uncertainty and speculation concerning the way things would ultimately settle. Meanwhile, the holders of these rotating acting appointments reported difficulty in settling down in any given acting post before being moved again. In this state of impermanence, both supervisors and the supervised found it difficult to develop the good working relationships that are so necessary for efficiency.

21. This situation was further compounded by the fact that at the same time, acting appointments were being made in the normal course of events. So many persons were filling acting positions at the same time, that the situation led to a good deal of black humour and to the creation of what came to be sardonically known in police circles as the Hollywood syndrome.

22. We would strongly recommend that before such a scheme of acting appointments is undertaken in the future, these perhaps unexpected developments be taken into account.

Tomorrow the Commissioners report on the Police relations with the Press, the training of Police and the various departments of the Police Service.

MURDER MUR CRIMES CRM