RULING BY CHIEF JUSTICE IN HARPER AND THE COMMISSIONER OF THE BERMUDA POLICE SERVICE

MP Zane Desilva released a statement to TNN after the ruling by Chief Justice in Supreme Court on Monday.

“I am elated by the ruling of a complete vindication of my daughter Zarah Harper.”

On the 8th, of October 2020, six (6) police officers carried out an early morning raid on my daughter’s  home in front of her three young children in order to gain evidence of some alleged wrongdoing related the event at Blu, Restaurant at Belmont Hills  for which we were acquitted last year without obtaining a warrant.

At they same time they executed a warrant for the search of her business premises at Vibe Radio.

We sought judicial review of the decision to obtain the warrant, arrest her and search her premises. We sought damages for false imprisonment and a violation of her privacy.

We won on every point. What the case exposes is a serious failure by the Bermuda Police Service (BPS) to exercise their powers properly. There is no excuse, the law has been settled for some time following the outrage they perpetrated against Dr Reddy in the same way only seven years ago.

It is only because people like me and Dr Reddy can afford to challenge these excesses that they are exposed. What worries me is that this is far more widespread and is simply being allowed to happen because people cant afford to make the challenge.

Police powers are given to them by consent of the people. They have no right to abuse them. The right to your privacy and sanctity of your home is fundamental to a free society and is enshrined in our constitution.

I call for the Commissioner of Police to conduct a route and branch review of the approach taken by his officers to their powers to arrest, search & seize property, whether by warrant or not.

This simply must not happen again.

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