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home : news : news September 02, 2010


Code of silence a threat to our safety
Coggie Gibbons
Reporter

Lawlessness could spiral out of control unless the gang culture is smashed and with it the 'code of silence' that effectively renders killers and thugs immune to prosecution.

Would-be witnesses need stronger support and protection under the law because as the gang culture expands, the pressure to remain silent intensifies. Meanwhile, gangsters roam free to create the kind of deadly mayhem that has shocked Bermuda in recent weeks.

This is the stark assessment of a senior former police officer who has seen too many investigations collapse because people were too afraid to testify.

In light of recent shootings, the problem of 'silent witnesses' is more relevant - and arguably a greater threat to public safety - than at any time in Bermuda's recent past.

"Should witness co-operation continue to decline," our source told us, "this will, as the Commissioner just said publicly, lead to anarchy and pose very significant problems for the Service, DPP and the community as a whole.

"In my experience, several high profile and serious investigations were hampered at the investigative or trial stage by witnesses who developed amnesia or who were threatened. In some instances, witnesses who we and the DPP knew had probative evidence to provide simply refused to co-operate."

Our source added: "In my considerable service with the Service, I've seen witness reluctance to testify increase commensurately with the gang culture."

In some cases witnesses flatly refuse even to say they've seen whathappened, others will say but won't put it in a written statement while others will go only that far.

They either don't turn up in court or do, but refuse to testify or claim forgetfulness.

High profile recent examples include the Wellington Oval trial in Magistrates' Court where Antoine Anderson allegedly changed his account on oath.

In the case against Kimwande Walker, Michael Stuart Easton refused to testify despite being jailed for two days of contempt of court.

He told a preliminary enquiry in Magistrates' Court that he'd been threatened.

In May last year, Attorney General Larry Mussenden said that he was considering legal methods of protecting frightened witnesses to include submitting their written statements during trial rather than calling them in person.

Another method being pondered was trials without juries, especially where there was jury interference.

Both ideas were questioned in legal circles and nothing has apparently happened with them since.

Mr. Mussenden declined to comment for this article.





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