Continued from Wednesday's newspaper 20. Mr. Khamisi Tokunbo, the incumbent DPP has given the undertaking that, while bearing in mind the role of prosecuting counsel as Ministers of justice, Crown Counsel appearing in Criminal Trials will keep the victims of serious criminal offences and their families fully informed at all material stages of the proceedings, and will do their best to respond to all relevant and legitimate queries. The commission accepts Mr. Tukunbo's undertakings in this regard. However, we would recommend the closest possible liaison between the police, the office of the DPP, and such other public or private agencies qualified and willing to participate in victim support programmes.

21. Suggestions were also made before us that the victims of serious criminal offences should be able to participate in the planning or conduct of the prosecution. We are unable to lend support to these demands. Under the Bermudian system of Criminal Law, it is The Crown and The Crown alone which is charged with the responsibility for criminal prosecutions. Naturally, some degree of interaction between prosecutor and victim is inevitable. However, the critical decisions concerning prosecutions in serious criminal offences - whether to prosecute or what charges to institute, must be left to the DPP and the DPP alone, or to such of this officers as he has authorised to make those important decisions.

22. It has also been suggested that the victims should be allowed to give evidence, following conviction and prior to sentence, of the impact which the offence has had upon the victim and his or her family. Mr. Pearce has very usefully drawn our attention to the case of Cyril Edward Plant v Dennis Howard Robinson, Criminal Appeal No. I of 1983 Bermuda unreported. At page 21 of the report, the Court of Appeal for Bermuda sanctioned the initiation of a practice warranted by the enactment of s. 17A which was added to The Court of Appeal Act 1964. Sir Alastair Blair-Kerr, President, declared: "Another matter discussed during the hearing of the appeal was whether, since the enactment of s. 17A, counsel for the prosecution should continue to adopt the very detached approach to the question of sentence which traditionally has been the case in most common law jurisdictions.

"As the prosecution may now appeal against sentence, we see no objection to counsel for the prosecution addressing the trial judge on the question of sentence. Indeed, it is desirable that he should do so in the interests of justice.'' 23. In the light of the foregoing dictum, we would recommend that the victims of serious criminal offences be allowed to bring to the attention of prosecuting counsel any matter which they desire that the judge should take into account before passing sentence. This may include such matters as the latest update upon the extent to which the health of the victim has deteriorated, or the latest prognosis of the victim's chances of recovery or disability stemming from the act of the accused. It remains, of course, the duty of prosecuting counsel, who thus briefed, will put such matters before the presiding judge as he or she thinks relevant and necessary.

24. It has also been urged upon us that the victim should be allowed to confront the accused upon his conviction. While we have every sympathy with the victims of serious criminal offences and their families, we are unable to support the confrontational approach as a matter of law: though we can readily see the value of bringing the parties together in appropriate cases, such as those involving members of the same family or neighbours who must continue to live in close proximity. In such cases, we would advocate some form of rapprochement under the auspices of the probation and welfare service or similar agency.

25. The Murder Investigation Manual prepared by the ACPO Crime Committee for use in the National SIO Development Programme contains a useful section entitled FAMILY LIAISON STRATEGY. It contains many useful guidelines for the guidance of Senior Investigating Officers and Family Liaison Officers who work under them very closely to support the immediate family of the deceased.

26. Though this part of the manual deals specifically with murder, its principles can appropriately be applied with but little modification to other cases involving serious violence such as rape. Indeed, we have been informed that literature of a similar nature exists for use in dealing with the victims of rape and their families. We would therefore strongly recommend that that literature be traced, the appropriate 'rape kits' be acquired, and that suitable female officers be identified and given the necessary training.

27. On September 11, 2000, just four days before our report was due to be submitted, Mr. Rick Meens, who was hosting Miss Middleton, and in loco parentis to her at the time of her death, submitted a statement indicating that he had paid bills and incurred losses totalling $116,798.21. Though some expenditure by persons in Mr. Meens' situation is inevitable, it goes without saying that timely intervention by all of the Participants in the victim support process, may have the effect of reducing the outgoings which victims and their families are called upon to face.

*** PART III IMPLEMENTATION OF REPORTS 1. One of the most frequent complaints which we have heard is of the non implementation or incomplete implementation of the reports following previous Commissions of Inquiry. The need to implement useful recommendations is obvious. It became clear to us that many of the recommendations of previous Commissions have not yet been implemented. We can only urge that those recommendations, and particularly those repeated by us, be implemented with as little delay as possible.

2. It is difficult for us to establish time lines since so many diverse considerations have to be factored into the planning. But we would urge, and strongly urge, that a comprehensive review be made of all outstanding recommendations, that some realistic programme for implementation be drawn up, the necessary budgeting and human resources be mobilised, and the necessary arrangements made for speedy implementation, bearing in mind that speed being relative, some recommendations may be more readily implemented than others.

1. At 4:30 p.m. Friday August 18, 2000 the Chairman and Mr. Dovaston visited the major incident room at force headquarters where we were met by Acting Detective Superintendent Carlton Adams.

2. Mr. Adams is undoubtedly an experienced Detective who, from the outset, candidly expressed the view that the personnel of the unit were conducting professional investigations under very trying circumstances here in Bermuda.

3. One of the first items to be identified in terms of requirements for the successful investigation of serious crime is the need of technical support.

Mr. Adams is fully aware of the technical support in the form of Homes I and Homes 2 available in other jurisdictions which could be available here as an off-the-shelf purchase. He had the money already allocated for this purpose removed from his budget last year and it is not being re-introduced. The sadness and folly of this is that serious crime including murder is still conducted by the use of a paper base system and card index. There are grave dangers and inefficiency in the continued use of this process.

4. Concerns were voiced in relation to the support he and other investigators get with regard to serious crime investigations from forensic science support.

He was at pains to tell the Chairman and Mr. Dovaston of what takes place with regard to exhibits seized in an investigation being passed to the Government analyst who himself makes some determination as to whether they should be passed to an agency outside the shores of Bermuda. Adams is quite aware of the developments in DNA technology and the advantages this can bring to criminal investigations, not only of the magnitude of murder but also other serious crime. He was at pains to tell us how he could see the future professionalism of his unit being greatly enhanced if only they could take advantage of this process. It stems from a reluctance of others to move forward into today's areas of technology.

5. When addressing the importance of crime scene management and the benefits that can be derived from a good supporting scenes of crime management department Mr. Adams appeared to be in some doubt as to whether all was being achieved by the current arrangement with the centralised unit out at St.

George's. Without being too direct in his observation it was quite apparent that should there be a head of department with more up-to-date knowledge in relation to DNA and other technology things would be different here in Bermuda. When questioned about how scenes of crime were secured by photographic means and video, it appeared there were some grave shortcomings in this area as well. He was unaware of the ability to have crime scenes videotaped for briefings and presentation at court purposes.

6. When we inquired as to what protocols were used, what models were used in investigating serious crime here in Bermuda he referred to some very long standing now outdated documents held within his department. He was however, very pleased to identify that on the desk on the corner of his office he had the latest edition of the murder investigation manual produced in the UK. He encouraged us to believe he would like to introduce this manual to the BPS if only he had support from senior officers of the force.

7. He spoke of the inexperience and lack of training of Officers who on many occasions have to be drawn to major investigations from divisions to assist his staff within the major incident room. It was not unusual, he pointed out, to have Officers deployed who were lacking in training and knowledge of the very important investigative techniques which had to be employed when inquiring into serious offences such as a murder or serious sexual assault cases.

8. It would appear from inquiry of him with regard to table top exercises to practice the investigation into serious crime, that it would be very welcome.

He suggested that he would take that forward as a suggestion for the force to undertake. He was pleased to hear that we would no doubt include it in the recommendations of this Commission.

9. Moving on to some fundamental issues in terms of how the force was structured at the moment, there was no doubt that we were hearing yet again the frustration with the acting positions of senior management who in turn were being rotated during short periods of time to the various functions of the force. Although not wanting to be critical or undermine his chain-of-command it was without doubt an area which he hopes would be rectified in the near future.

10. Mr. Adams is a proud man of many years experience; but even that said, he suffers a high degree of frustration. He wishes for the force to progress into the millennium with a higher degree of professionalism and knowledge. He expressed the hope that the Commission would support the ideas he put forward for the modemisation of the service and of its practices. The Commission is happy to say that it wholeheartedly endorses all of the suggestions made by Mr. Adams and recommends accordingly.

*** THE SCENES OF CRIME DEPARTMENT 1. At 2.30 p.m. on Tuesday August 22, 2000 the Commission attended the Scenes of Crime Department at Southside.

2. We were there met by Acting Detective Superintendent Carlton Adams and Detective Inspector Howard Cutts, who had returned to duty from his holiday to welcome us to his department. A detective sergeant acting as his deputy was also present.

3. It was immediately noticed that all staff present wished to impress the Commissioners with what they considered to be a very efficient department servicing all the requirements of the Bermuda Police Service.

4. We were first introduced to the Scenes of Crime Examiners who were officers of Constable rank, some with many years' service. They were able to amply describe their involvement in the examination of crime scenes and made great emphasis on the primacy of finding fingerprints and footwear marks.

5. It was disappointing to find that they gave little or no attention to the recovery of DNA material and would only acknowledge its potential in very serious crimes in Bermuda. The elements of perceived prohibiting costs appeared to close down any advancement or further consideration in this area.

6. It was not, therefore, surprising that awareness for the need of crime scene preservation and counter contamination procedures did not feature in their limited knowledge of DNA technology.

7. This department boasts that it is possessed of a modern and up-to-date laboratory with equipment to meet the demands of rising crime and the public requirements for a police service with the means to effectively identify offenders.

8. It was with considerable dismay that the Commissioners observed the levels of outdated equipment in the forensic laboratory: and equally the belief of some staff that they had at their disposal the most modern. The head of the department did have knowledge of more advanced technology but was openly frustrated by budgetary constraints prohibiting its application in Bermuda.

9. The difficulties do not lie solely with financial constraints however: but also the ever-repeated call for updated legislation in terms of that contained within PACE, to facilitate the taking of fingerprints and other body samples from those persons charged with criminal offences.

10. To demonstrate his concern, detective Inspector Cutts produced copies of numerous reports he had submitted over many years to senior officers and Commissioners, identifying the need for officers to take fingerprints from persons charged with criminal offences. The current legislation only caters for such persons giving of their fingerprints voluntarily unless with the express authority of a Magistrate.

11. The end result of this unsatisfactory state of affairs is that few fingerprints are taken. It is known that over a recent two-week period, of 194 prisoners available for fingerprinting only 4 had been processed. It is important to note that one of those 4 had previously been through the charging process no fewer than on 15 occasions without being fingerprinted. On the 16th occasion he was identified by his finger marks as responsible for serious criminal offences some 5 years previously. This, we feel, identifies the repeated need for changes in legislation similar to that of the United Kingdom and other advanced jurisdictions.

12. Another pressing need was identified for a review of the current arrangement whereby forensic exhibits are forwarded to the government analyst for local examination before onward transmission to specialist laboratories.

During the most recent 12-month period, only 1 case has been forwarded to a Canadian laboratory for DNA examination and that was a case of murder. The results were not made known to the BPS for some 7 months which is a totally unacceptable delay.

13. An enquiry of the Forensic Science Service in the United Kingdom with regard to a case of attempted murder in Somerset on September 2, 2000 established that exhibits could be examined and the results communicated within 28 days. DNA results would clearly assist the investigating officers with evidence to support a prosecution of a suspected offender or equally as important, his innocence.

14. Observations were made with regard to the location of the Scenes of Crime Department at Southside but the Commissioners are not mindful to support any change having regard to the overall size of the small policing area.

15. The identified shortcomings in up-to-date legislation and the limited forensic science support leaves the Commission in no doubt that an urgent address of these matters be viewed as a priority.

*** ST. GEORGE'S POLICE STATION 1. At 2.45 p.m. Wednesday, August 23, 2000 the Chairman accompanied by Ms Simmons and Mr. Dovaston attended the St. George's Police Station where we were met by Acting Chief Inspector, Al Kirby. We understood this Officer would normally be a Detective Inspector at the Central Police Station in Hamilton.

We were further introduced to the station Sergeant Franz Williams and a shift Sergeant who was preparing for the afternoon patrol. An arresting Officer was also in the process of recording the arrest of a female who had been detained on non-payment of traffic type warrants. We were shown into what was described as the Reception room for prisoners and also where in very, very cramped conditions, the shift Sergeant was preparing a briefing for the afternoon shift. We went into a rear yard of the premises and witnessed seven high-powered 750cc motorcycles parked.

2. We were introduced to an Acting Detective Chief Inspector named Ralph Furbert, D.C. Smith and D.C. De Silva.

3. The impression of the Commissioners was quite clear that the Police station was totally inadequate for the number of Officers and staff accommodated there.

4. The atmosphere was one of immense activity and overcrowding. This accommodation could only detract from customer care, efficiency and the overall mission statement of the Bermuda Police Service.

5. In general, we found the Officers welcomed the visit of the Commissioners.

They were open and frank and their responses could not in our opinion have been rehearsed: and in the main were constructive and not complaining.

Acting Detective Superintendent Carlton Adams: He "candidly expressed the view that the personnel of the unit were conducting professional investigations under very trying circumstances here in Bermuda.''