30 years on and it appears the issuance of search warrants remains in need of attention.
The Bermuda Police are to pay $200,000 to police sergeant, Mr Monk, because they unlawfully obtained a search warrant to the officer’s home.
At the time, there was an ongoing investigation about a leaked document concerning the divorce of the then commissioner, Stephen Corbishley. The sergeant was suspected of being involved in the leak of a document circulated to the entire police service, hence his property was the subject of attention.
“After a thorough investigation, which included an external review, the BPS has acknowledged that the warrant in question was not properly obtained and was, therefore, unlawful.” reported the Royal Gazette which also conveyed the sergeant’s remark this:
was concerning because hundreds of warrants were obtained by the BPS every year, but most people affected would be unaware of the proper “system and processes”.
04/07/2024 it was further reported in the Royal Gazette:
A warrant was obtained from a magistrate to search Mr Monk’s home in December 2020 but the BPS admitted in March this year, it was not lawfully obtained.
It is understood prosecutors dropped the criminal case against the Monks in the knowledge that Mr Lynch was going to make an “abuse of process” application on behalf of his client, relying on a report into the obtaining of the warrant written by Detective Chief Inspector Arthur Glasford, who was highly critical of the conduct of senior officers.
It is further reported:
“The Glasford report strikes at the heart of the way the police conduct themselves when seeking a search warrant from a judge; they are required to be honest and frank.”
He insisted that it would be in the public interest for that report to be disclosed, describing the way in which officers obtained the warrant as “outrageous behaviour”
The issuance of search warrants was raised many years ago with the Bermuda Police Service and The Royal Gazette. The BPS appear to have ignored the reported and publicised concerns. The Royal Gazette were sent an original ‘blank but signed’ warrant (example below) and stated they took receipt of this evidence supporting the abuse. But this was not true! The document posted to the Royal Gazette was never collected but returned to sender. More about the warrants can be read here.