Log In

Reset Password
BERMUDA | RSS PODCAST

Lawyer intrigued by Middleton review

The prospect of the unsolved murder of teenager Rebecca Middleton being reviewed and potentially re-activated as a criminal case has intrigued a leading lawyer on the Island.

He plans to keep a close eye on developments now that Chief Justice Richard Ground has agreed to hear from lawyers representing the Middleton family and from the Director of Public Prosecutions Vinette Graham Allen about the merits of reviewing the evidence and potentially bringing new charges.

Canadian teenager Becky was brutally raped and murdered after accepting a ride on a motorbike after a taxi she had ordered failed to show up in St. George's in July 1996.

No-one has been convicted of her murder although Justis Smith faced the charge until a judge in 1998 ruled there was no case to answer.

Another man Kirk Mundy was convicted of being an accessory after the fact.

In March, Ms Graham Allen ruled out any fresh prosecutions relating to the circumstances of the 17-year-old's death.

But a meeting between lawyers for the Middleton family and Mr. Justice Ground has paved the way for the DPP's decision to be explained and argued against in court early in the new year.

"It's novel and it is not something I have seen done before," said the lawyer, who asked not to be identified until after the hearing because he felt it dangerous for lawyers to be making comments at this stage.

"It is difficult to comment until I see what form the proceedings take, but it does seem we will get to hear it in public. The question arises will the Director of Public Prosecutions have to speak from the witness box?"

The lawyer continued: "From reading Mr. Justice Ground's leave for a judicial review it appears he has simply agreed to listen to the two sides.

"I have never heard of a judge ordering a prosecutor to proceed with a prosecution. He will probably clear up a lot of things at the hearing itself but at this point it sounds like there are more questions than answers."

He also wondered if a precedent might be set whereby others may seek to bring the DPP before the Chief Justice when cases are not followed through.