Tue, 2009-11-10

The Bermuda Police Service has noted the public comments that have been made about the Supreme Court ruling in relation to the trial of Roger Bowen. We have received a copy of the Court ruling and have been consulting with the Office of the Director of Public Prosecutions about our processes. Since the enactment of the law to allow for breath testing for the presence of alcohol in Bermuda, the Bermuda Police Service has identified and trained persons to qualify to use the breath testing machines and has certified and then designated these persons who received training as qualified technicians. The placing of persons so designated in the Police General Orders is the process used for designating persons as qualified technicians.

We have conducted a review and we are certain that every breath test was conducted by a person who was designated by the Commissioner of Police as a person, certified and capable of carrying out such test. These persons were either Sergeants or persons acting as Sergeants or of a rank higher than Sergeant.

We believe that we have met the spirit and intent of the law in conducting breath testing and we have encouraged the Office of the Director of Public Prosecutions to launch an appeal of this ruling.

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