Saturday, September 20, 2008

Becoming A Target

Nicole Allars:

Nicole Allars was employed with the Bermuda Police Service as a Station Duty Officer. SDO Allars made a report of an allegation of sexual harassment against one of her colleagues. This allegation was not taken seriously because of the accused person’s affiliation. SOD Allars report was not given the attention that such allegations should be given.

Later Allars was terminated from her position with the Bermuda Police Force. Later SDO Allars discovered that her accuser and the Commissioner of Police was close associate. The complainant is of the belief that her termination was done in order to abort the investigation of sexual harassment she brought against an individual who is of the same religion as the Commissioner of Police, who attends the same church as the commissioner of police and a person whom the commissioner often call upon to perform task on his behalf.

CASE 2
Michael Hayles.

Michael Hayles a Jamaican by birth and was recruited by the Bermuda Police Service from his native Jamaica. Michael was a member of the Emergency Response Team which was headed by a Caucasian inspector (who will remain nameless). Michael made an allegation against this inspector. It was Michael’s allegation that this inspector made discriminatory remarks and addressed him in a manner that was prejudicial.

Michael followed the protocol and submitted the relevant complaints, none of which was investigated. Michael and the inspector were transferred from ERT. Later the alleged offending inspector was reinstated in his post. No explanation given. Michael Hayles continued his quest for answers and was met with slammed doors. For seeking justice, he was labeled a trouble maker and was ostracized.

CASE 3

Emerson Donald
Emerson Donald is another Jamaican police officer who was recruited by the Bermuda Police Service, a very quiet hard-working and honest West Indian. No one ever knew that PC Donald existed until PC Donald fell ill and discovered that his kidneys had been severely deteriorated. Medical investigation revealed that Donald’s condition resulted from working in an environment that was mold infested. Investigation revealed that PC Donald was exposed to the mold Aspergillus Ocharcceous that is produces a toxin that is associated with Kidney failure. Donald was also informed that the current rate of deterioration would see him needing dialysis three times daily in two years’ time.

PC Donald, who brought this to the attention of the senior management, was made the target of negative treatment; treatment that made his working environment a very hostile and uncomfortable one. PC Donald was accused of being mentally unstable by his supervisors; he was also made to a psychological evaluation to justify a nonrenewal of a contract. Fortunately for PC Donald the examination of the psychologist found PC Donald to be in good mental health.

CASE 4:
Allan Palmer

It is no secret that Allan Palmer Police Constable 2209 is the creator and administrator of the blog Crushing Fools. In his efforts to increase the hits on my blog and thus increase the opportunity of people accessing the advertisement that are displayed on the page he launched a simple promotional effort. PC Palmer designed and posted a poster on private vehicle 38668 which is owned by and registered to Allan Palmer.

Soon after the poster advertising the Crushing Fools bolg was posted on the private vehicle a written instruction was sent to PC Palmer from Acting Commissioner of Police (ACP) Bell. In the letter ACP Bell instructed PC Palmer to remove from public view the advertisement advertising the blog Crushing Fools.

Was the order that was issued by ACP Bell a lawful order? Under which authority did ACP Bell issue such instruction? In order for ACP Bell order to be consider as a lawful order he have to derived his authority from one of the following piece of regulation, or police authorized document. I had to be direct contravention of
1. Laws of Bermuda
2. The Police Regulation 1974
3. The police Disciplinary Code 1975
4. An approved policy of the Bermuda Police Service.
So the question was ACP Bell in issuing such an instruction and expected PC Palmer to follow the same, isn’t he in direct contravention of section 6 of the Police Regulation 1974 which states:

Members of the Service to obey lawful orders
Sec. 6

Every member of the Service shall obey all lawful orders of his superior officers and Justices of the Peace whether given verbally or in writing and shall obey and conform to all police regulations, orders and instructions made under this Act.

We must bear in mind that this section did not state that members of the Service shall obey all orders. It clearly states that members of the force shall obey all lawful orders. This in it self tells you that it is not all orders that my come down from the Commissioner of Police or one acting in his stead are lawful. And if you must obey all lawful order then you reserve the rights to disobey or refrain from complying with any unlawful order.

PC Palmer knowing that the order as was given by ACP Bell was not a lawful order and he was not obligated to comply with such order, ignored the instruction. As a result ACP Bell caused fifteen charges to be brought against PC Palmer. Is it not true to say that the action of ACP Bell was a blunt display of an abuse of power; and won’t it be true to say that ACP bell was in direct contravention of section 2 subsection (b) (c) the Police Disciplinary Code 1975, which clearly states that:

(b) An officer may be guilty of oppressive conduct: if a police officer is guilty of oppressive or tyrannical conduct towards an inferior in rank or

(d) If willfully or negligently make a false complaint or statement against any other officer.

Isn’t the Action of ACP Bell in direct contravention of the Chapter 1 section 15 subsection (1) which should be read with section 9 of the Bermuda Constitution which deals with Protection from Inhuman Treatment and which clearly States:

Protection of freedom of expression
9 (1) Except with his consent, no person shall be hindered in the enjoyment of his freedom of expression, and for the purposes of this section the said freedom includes freedom to hold opinions and to receive and impart ideas and information without interference, and freedom from interference with his correspondence.

15 (1) No person shall be subjected to torture or to inhuman or degrading treatment or punishment.

Ensuring Due Process for the community and junior officers.
The Bermuda Police Service is a very exploitive institution. It amazes me that such an institution would be allowed to operate in such a modern community as Bermuda and get away with such corrupt and inhumane practices.

The oppressive conduct, behaviors and practice by senior officers are often ignored and go unaddressed, thus causing an element of fear and stress amount its ranks. This give rise to the large number of stress related illnesses that is suffered by members of this institution. It is believed that the Bermuda Police Service has the highest percentages of stress related illnesses for any institution in Bermuda (government and private sector)

There is a problem of negligence as it relates to complaint made by the public against members of the Bermuda Police Service, very often these complaints are ignored, and disregarded thus denying the complaining public due process.
Study by: Allan H. F. Palmer