By David Fox The family of German visitor Antje Herkommer, strangled to death two years ago by a convicted rapist on unsupervised day release, may settle its lawsuit against the Bermuda Government out of court.

Lawyers acting on behalf of both the Government and the family said there have been talks toward resolving the matter outside court.

Mr. Saul Froomkin Q.C. is acting for the family of the slain woman.

When contacted by The Royal Gazette yesterday, he said, "We are at present trying to resolve the matter to the mutual satisfaction of all and I'm hopeful that will happen in the near future.'' Mr. Froomkin confirmed there were efforts to settle the matter out of court.

"I'm hopeful that in the very near future it will be resolved.'' Mr. Alan Dunch, representing Government, said, "The parties are talking to each other on a `without prejudice' basis. That means that something may come of it, something may not. But if nothing does, the matter proceeds as if the discussions never took place.

"I believe that the matter will be resolved to the mutual satisfaction of all concerned in the fullness of time. As things currently stand, I have no reason to think that the current action will proceed any further.'' The convicted killer, Leroy Elmer Burgess, was also named in the family's suit.

Miss Herkommer, a 27-year-old school teacher from Baden-Wurtemburg, came to Bermuda two years ago to visit her sister, Christine, an expatriate worker.

She was strangled to death by Burgess while he was on an unsupervised day release programme from Casemates Prison, working at the Maritime Museum. He was eventually jailed for life after being convicted of manslaughter.

At his trial Burgess was branded a brutal psychopath. Psychiatrists said that there was no known cure for him and they could not rule out the possibility he would kill again. They said he had suffered a tormented childhood.

The sentence means that Burgess could spend 25 years in prison, although he will eligible for parole after 15 years.

Miss Antje Herkommer