|
Home Up

Click on the above graphic to
view and
read a Bermuda Narcotics
Officer's diary
| |
You would expect a
British Colony which prides itself on being a financial and insurance haven, to
have modern, clear, concise laws relating to such offences as corruption.
Such is not the case, this year sees the Criminal Code Act celebrate its 100th
Birthday!
With regard to the BHC
investigation, the following has been reported:
When the investigation finished three
years ago, then Acting Director of Public Prosecutions Kulandra Ratneser said
many of those investigated could only be accused of bad ethics. He also said
some of the people investigated escaped prosecution due to Bermuda’s
antiquated corruption laws.
Official corruption
-
Criminal Code Act 1907
111 Any person—
(a) who, being employed in the
public service, or being the holder of any public office and being
charged with the performance of any duty by virtue of such employment or
office (not being a duty touching the administration of justice)
corruptly asks, receives, or obtains, or agrees, or attempts to receive
or obtain, any property or benefit of any kind for himself or for any
other person on account of anything already done or omitted to be done,
or to be afterwards done or omitted to be done, by him in the discharge
of the duties of his office; or
(b) who corruptly gives,
confers, or procures, or promises or offers to give or confer or to
procure or attempt to pro-cure, to, upon, or for, any person employed in
the public service, or being the holder of any public office, or to,
upon, or for, any other person, any property or benefit of any kind on
account of any such act or omission on the part of the person so
employed or holding such office,
is guilty of
a misdemeanour, and is liable to imprisonment for three years.
Official corruption not judicial but
relating to offences
117 (1) Any person—
(a) who, being a Justice of the
Peace not acting judicially, or being a person employed in the public
service in any capacity not judicial for the prosecution or detention or
punishment of offenders, corruptly asks, receives or obtains, or agrees
or attempts to receive or obtain, any property or benefit of any kind
for himself or for any other person, on account of anything already done
or omitted to be done, or to be afterwards done or omitted to be done,
by him, with a view to corrupt or improper interference with the due
administration of justice, or the procurement or facilitation of the
commission of any offence, or the protection of any offender or
intending offender from detection or punishment; or
(b) who corruptly gives,
confers or procures, or promises or offers to give or confer, or to
procure or attempt to pro-cure, to, upon, or for, any such person, or
to, upon, or for, any other person, any property or benefit of any kind,
on account of any such act or omission on the part of the justice, or
other person so employed,
is guilty of a felony, and is liable to
imprisonment for five years.
Corruption of witnesses; preventing
witnesses from attending court etc
125 (1) Any person—
(a) who gives, confers or
procures, or promises or offers to give or confer, or to procure or
attempt to procure, any property or benefit of any kind to, upon, or
for, any per-son, upon any agreement or understanding that any person
called or to be called as a witness in any judicial proceeding shall
give false testimony or withhold true testimony; or
(b) who attempts by any other
means to induce a person called or to be called as witness in any
judicial proceed-ing to give false testimony; or
(c) who asks, receives or
obtains, or agrees or attempts to receive or obtain, any property or
benefit of any kind for himself or for any other person, upon any
agreement or understanding that any person shall as a witness in any
judicial proceeding give false testimony or withhold true testimony,
is guilty of a misdemeanour, and is
liable to imprisonment for three years.
PART XXI
CORRUPTION; FRAUD; FALSE ACCOUNTING; AND
OFFENCES RELATING TO BANKRUPTCY
Corrupt practices
392 (1) Any person—
(a) who, being an agent,
corruptly accepts or obtains, or agrees to accept or attempts to obtain,
from any person, for himself or for any other person, any gift or
consideration as an inducement or reward for doing or forbearing to do,
or for having done or forborne to do, any act in relation to his
principal's affairs or business, or for showing or forbearing to show
favour or disfavour to any person in relation to his principal's affairs
or business; or
(b) who corruptly gives or
agrees to give or offers any gift or consideration to any agent as an
inducement or reward for doing or forbearing to do, or for having done
or forborne to do, any act in relation to his principal's affairs or
business or for showing or forbearing to show favour or disfavour to any
person in relation to his principal's affairs or business; or
(c) who knowingly gives to any
agent or who, being an agent, knowingly uses with intent to deceive his
principal, any receipt, account or other document in respect of which
the principal is interested, and which contains any statement which is
false or erroneous or defective in any material particular, and which to
his knowledge is intended to mislead the principal,
is guilty of a misdemeanour, and is
liable on conviction by a court of summary jurisdiction to imprisonment for
twelve months and on conviction on indictment to imprisonment for two years or
to a fine of $10,000 or to both such imprisonment and fine.
|