Wednesday, December 17, 2008

Reply To Acting Commissioner Of Police: Bryan Bell

...........................................................................................................Form Pol A45/M


..................................Bermuda......................Police

To: Commissioner of Police........................................Div/Dept:Operational Policing

From: Allan H. F. Palmer ...............................................Date: Thursday 5th May 2008

Subject: Violation of the rights of Allan H. F. Palmer

Sir,
My name is Allan Palmer PC 2209 I am currently on suspension from the Bermuda Police Service, my last posting was at the Hamilton Police Station then I was attached to Community Policing Division.

In relation to the Addendum to Notice of Suspension from Duty dated 24th January 2008, (which will be here after be referred to as the Addendum) that was served on me by Chief Inspector James Howard on Thursday 1st May 2008. The addendum had a forwarding address and the name of B. Bell Acting Deputy Commissioner. So I am of the understanding that this document was from you Mr. B. Bell acting in the office of Deputy Commissioner of Police of the Bermuda Police Service.

I will attempt to clarify any misconception that you may have, as it relates to previous instruction given by the commissioner of Police George Jackson and the legality of the instruction that was outlined in the addendum, which was served on me by Chief inspector James Howard as was instructed by you in your capacity of Acting Deputy Commissioner. At this stage I will not deal with Paragraph two of the addendum as it will only be a regurgitation of a matter I have addressed on several occasions.

First let us address the matter of attempted censorship as it relates to your effort to violate my protected rights under the constitution of Bermuda. Chapter 1 sec.1 and subsection (b) of the Constitution of Bermuda that deal with the fundamental fights and freedom of the individual which clearly states:

Fundamental rights and freedoms of the individual
1 Whereas every person in Bermuda is entitled to the fundamental rights and freedoms of the individual, that is to say, has the right, whatever his race, place of origin, political opinions, color, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely:

(b) Freedom of conscience, of expression and of assembly and association.

And also section 9 (1) which deals with the freedom of expression without interference to receive and impart (share) ideas and information and my freedom from interference with my correspondence, that is clearly outlined below under the heading “Protection of freedom of expression.

Protection of freedom of expression:
9 (1) Except with his consent, no person shall be hindered in the enjoyment of his freedom of expression, and for the purposes of this section the said freedom includes freedom to hold opinions and to receive and impart ideas and information without interference, and freedom from interference with his correspondence.

I do not have to explain to you the uninterrupted rights that are awarded to me by the constitution of Bermuda, rights which you are seeking to use your office of Acting Deputy Commission and the authority of the office to deprive me of. I have so concluded base on the content and demands outlined in the addendum. Your action can be considered a misuse of a public office and authority. Just in case you were not aware of the lawful facts I have outlined above, I will take this opportunity to bring this piece of information to your attention. The constitution of Bermuda takes president and is supreme to every act or law that is enforced in this blessed Country. Bermuda’s constitution is the supreme law.

In relation to the bringing to light of my constitutional rights as is outlined above, I will declare to you that all order you have given to me in the Addendum is in direct contravention of my constitutional rights as provided for by the constitution of Bermuda, thus making your orders unlawful. It is important to note and for your understanding that I have never disobey a lawful instruction in my policing career, in the same breath I do not have a problem ignoring an order that I can prove to be unlawful or illegal if such an order is not in the public’s interest.

In relation to you ordering me to remove from public view an advertisement posted on the rear wind screen of my ‘private motorcar,’ I am forced to asked you under which authority or where in the laws of Bermuda or which includes the police regulation and or in the policies of the Bermuda Police Service is it illegal or unlawful for any member of the Bermuda Police Service to advertise a commodity, service, publication etc. The blog or website Crushing fools is a public medium, and I hold the right to provide the public with information as to the means of accessing the said blog/website. After all it is the public rights to use or not to use the information provided to them, it is also the choice of the public to access or not to access the blog/website.

I must also inform you that information place on this blog/website can only be libelous and or slanderous if they can be proven to be so. I cannot see why my factual writing can cause you and the other members of the Bermuda Police Service such grief. I know that at times the truth can be embarrassing but like every one else, adults must learn to deal with the truth. It is what adults do. Trying to hide the truth is not going to change its status.

It is with a sense of shame and disappointment that your action as outlined by you in the Addendum only seeks to remind me of a historical fact that relates to the treatment mated out by your kind to my people during slavery. Where your fore parents took advantage of the ignorance of my people and use such ignorance as leverage in their prosecution, victimization, exploitation, and to aid in depriving them of their basic human, civil and other rights. It also brought to mind the inhumane treatment that black people suffered in that era. I am assuring you that I will not be place in a position where I become a victim in the same manner as my fore parents. I t is important that you understand that I will not be intimidated by you, neither will I be control by fear, nor my actions or vocal expressions will be govern by ignorance.

Let me also take this opportunity to implore you to read this document with the utmost care and seriousness I also hope that you will take the opportunity to review the ordered you give to me in the addendum. Orders which you give in your capacity and with the authority of the Deputy Commissioner of Police in charge of the Bermuda Police Service and orders which you expect me to comply with, orders which is unlawful. I will also request that you pay particular attention to the various institution to which I have cc this document.
I believed that you were misled in your briefing on this matter, and you actions were as the results of misinformation fed to you by men with hidden agendas. I hope that you have the good judgment to see the folly of your Addendum and immediately withdrew the same. After all it takes a big man (mentally) to see and admit that he was wrong.

In defense of my constitutional, civil rights and freedom

Sign Allan Palmer
cc: Bermuda Police Association (executive)
Legal counsel (for Allan H.F. Palmer)
Bermuda Human Rights Association
Ms. D De Caster (Police Welfare officer)

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