Bermuda will have to overhaul how it investigates, arrests, processes and prosecutes accused people to be a modern country with confidence in its Police service, the Serious Crimes Commission has reported.

In its report the Commission expressed horror that DNA testing is not widely used by Police in cases -- not only to get a conviction but also to exclude a suspect.

The report was tabled in the House of Assembly yesterday by Premier Jennifer Smith on behalf of Governor Thorold Masefield.

The Commissioners, Guyanese judge Stanley Moore, British cop Don Dovaston and Bermudian lawyer Shirley Simmons, said there was an "urgent need for a critical look at existing legislation'', particularly on how suspects and accused people are treated while in custody.

Police came in for a close examination with the Commissioners remarking it had a "clear impression that an immediate need for a change to the culture of the service is highly desirable''.

The separation of who investigates and who makes the decision to prosecute and the case advances is also high on the minds of the Commission.

And the commissioners welcomed the recent creation of the Public Prosecutions Office, separate from the Attorney General's office.

It should be the "highest priority'' of Government to introduce legislation dealing with how a prisoner is treated, the Commissioners warn while also calling for court reporting.

Yesterday Mr. Masefield welcomed the report which he said was commissioned to learn the "widest possible lessons''.

And Mr. Masefield pointed out that many of the recommendations of the Commission have already been started but "the Commission has provided us with the guidelines to learn from the sad events of the last few years''.

"We must now put the changes into effect with a sense of vigour and commitment,'' he continued.

"We must work to ensure confidence in the systems that protect our society and help to make our Island of Bermuda a model of peace, friendship and safety.'' Premier Jennifer Smith said neither the report's publication nor implementation of the recommendations "can possibly compensate the Middleton family for its enormous loss''.

Justice system condemned While the report was "clearly necessary'' in the wake of the Middleton case, Ms Smith affirmed Government's belief that the criminal justice system will improve and public confidence will grow.

And the Premier repeated the Throne Speech's commitment to producing UK Police and Criminal Evidence style legislation during Parliament's current session.

Government, Ms Smith said, believes the report "supports and justifies'' changes already started in the judiciary, Police and prosecutions department.

She added: "However, I wish to state firmly and unequivocally that the Government will do all that is reasonable and practicable to support the Police Service in its move toward better management and the implementation of more modern and efficient policing strategies.

"Clearly the entire community will be the beneficiary of a stronger and more responsive Police Service.'' Ms Smith added. "Our thoughts again return to the family of Ms Middleton.

"We extend to them our heartfelt sympathy and express the hope that they continue to derive strength from her life and example.'' The Commission, when grappling with the issue of immunity from prosecution, recommended that the current policy of leaving the decision to the DPP should continue.

Legislation dealing with an accused person's rights, including access by lawyers to clients, the presumption of the right to bail and legal aid also came under the microscope.

Legislation similar to or incorporating sections wholesale from the British Police and Evidence Act should be "treated as a matter of the highest priority'', the Commission adds.

Everyone who contributed to the commission's hearings supported PACE legislation, including Police, the Report adds.

A "thorough'' study of PACE legislation concerning identification of suspects by Police and witnesses is recommended.

"PACE gives guidance in areas which have caused difficulty for even the most well meaning Police officers'', the panel writes. "It sets out procedures and practices for dealing with persons who voluntarily attend at a police station.'' The Commissioners concluded: "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.'' Police officers who spoke to Commissioners were "anxious to do what is right'' having "expressed discomfort with the existing situation'' where officers can bend the rules.

Fingerprinting laws must be changed for officers to make greater use of the stalwart tool in investigations which the commission claims is used only rarely.

There is an "urgent need'' for a specially built facility for identity parades of suspects behind a one way mirror, the Commission reported.

This will improve the "wholly unsatisfactory'' situation now found at the Police Recreation Club in Prospect.

The Commission repeated in full the comments of the Inquiry into the Narcotics Department in 1997 which called for "careful study'' and "highest priority'' of implementation of PACE legislation.

Government promised in the Speech from the Throne that a court reporting system was in the works for next year -- which appears to not be soon enough for the Commissioners.

While Bermuda is seen as a modern country, the courts will have to "emerge from the age of the quill'' or relying on written notes of the testimony by judges.

And while they commended the "industry and indefatigability'' of Betty Dale who had to use the "relatively ancient technology'' of tape recorders, a simple taping service is not satisfactory, the Commissioners explained.

Their own study of testimony transcripts was not as complete as it should have been by the September 15 deadline because of the "serious lags'' in transcription.

A full transcript of the report submitted by the commission begins on Page 20 of today's newspaper and will continue throughout next week.

MURDER MUR CRIME CRM