came in for tough grilling yesterday before the Serious Crimes Commission.

And while Acting Deputy Commissioner George Jackson explained the role of the upcoming Crime Manager and did not appear to convince panellists of that person's position on the chain of command -- it was Acting Assistant Commissioner (AAC) Jonathan Smith who took the heat on prisoner's rights.

Commission Chairman Stanley Moore exploded at AAC Smith when he suggested the law governing access to a lawyer would have to change before Police would change.

"Our legislation is out of date,'' AAC Smith said. "I can't work in any Service that has its culture that denies rights to prisoners.

"The service has to work within the context of the law. We cannot endorse any behaviour which is not within the law.'' But Chairman Moore responded: "At the risk of being rude and interruptive to my colleagues, do you recall what year the Magna Carta was passed in England as a result of the tyrannical behaviour of King John? "1289! The Magna Carta is clear! It is one of the most sacred documents in the Common Law. It is revered in every jurisdiction where English Common law is the law of the land.

"You're sitting down there today and engaging in my view in double speak and playing with words and semantics....'' Commissioner Moore added.

"Bermuda is a democracy. It starts off with the premise and assumption that every man, woman, and child is free! And every curtailment of that freedom, must take place by due process of law for good reason. Isn't that the basic premise from which you begin?'' Police undergo grilling And AAC Smith -- after taking a deep breath -- responded: "Sir, its been addressed to me personally so I'm going to address it personally, I fully support our constitution.

"Since I became a Police officer in 1979 I've sought to ensure that individuals are afforded the rights they're entitled and due to expect. My integrity as Police officer has never been questioned.'' Later AAC Smith said: "We (Police) need clarity. This community needs PACE (UK suspects rights law) type legislation.

"I'm not going to sit here and be defensive about it. Some of those concerns have merit and I fully support a change in legislation to support prisoner's rights.'' The exchange came after AAC Smith presented additional information on the "real, concerted and genuine'' efforts of the Police Service in implementing its new Strategy. Later AAC Smith promised to move a sign in Hamilton Police Station letting prisoners know they "may'' have a right to make a phone call "provided'' it does not hamper an investigation from a relatively hidden spot to eye level and in a prominent place.

Chairman Moore presented a note taken by the Commission of the sign which also pointed out the fact the words "may'' and "provided'' had been highlighted by an unknown officer.

Judge Moore got AAC Smith to admit the effect of such highlighting may be "daunting'' to a prisoner.

"I'm happy to see that steps are taken to have that removed and moved to a place more user friendly,'' AAC Smith added. "If we don't abide by the rules, tell us. I'm pleading with you to make a strong recommendation that the right of the accused go far beyond what we have now.'' AAC Smith welcomed the two Commissions of Inquiry, four inspections, Comprehensive Committee report, and "extensive'' public opinion surveys that have been conducted on the Service in the last decade. Surveys show the public is most concerned with serious and violent crime and the service was reorganising itself to address that.

AAC Smith promised the new Parish Constables -- now called Community Beat Officers -- would be on duty by November and promised a new emphasis on investigations. The Service will use a five pronged Quality Focussed Investigation system which directs an officer on how to best conduct an investigation.

Such criteria as forensic evidence, whether there are eye witnesses, or significant property loss will be taken into account.

ADC Jackson said there would be a new post of Crime Manager who would have responsibility for ensuring investigators keep the Service's core policies.

The Crime Manager will appoint the senior investigator of a serious crime and direct the deployment of resources from within the Service.

MURDER MUR CRIME CRM