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Mussenden defends Middleton award

ATTORNEY General Larry Mussenden yesterday defended a decision to award $2,840.63 in compensation to the family of a teenager brutally raped and murdered while vacationing on the island.

Rebecca Middleton, a 17-year-old Canadian, was killed a decade ago. Two men were accused of the crime ? Kirk Mundy, a Jamaican, pleaded guilty to being an accessory to the murder after the fact and was jailed for five years. Justis Smith, a Bermudian, was tried for murder. The Supreme Court ruled there was no case to answer based on the evidence provided.

Rebecca's mother, Cynthia Bennett, applied to the Criminal Injuries (Compensation) Board for $100,000 for pain and suffering. Public outcry followed both here and in Canada, after it was revealed she had been awarded less than $3,000.

According to a Government spokesperson, Senator Mussenden described the situation as tragic but said that the amount available for compensation is limited under the Criminal Injuries (Compensation) Act 1973.

"Senator Mussenden explained that the Act only allows the Board to compensate for the financial loss suffered and expenses incurred by the person responsible for the maintenance of the deceased victim.

"With regard to the application for compensation by Mrs. Cynthia Bennet [sic following the death of her daughter Rebecca Middleton, Senator Mussenden said Mrs. Bennet [sic had claimed $100,000 for 'pain and suffering'.

"The Board recognised that compensation for 'pain and suffering' cannot be claimed under the Criminal Injuries (Compensation) Act 1973. The Board did, however, award Mrs Bennet [sic her full claim of $2,840.63 for expenses which she incurred as a result of her daughter's death, and used their discretionary power to award $1,000 of her $5,870 claim for legal costs."