scandal'' according to defence counsel John Perry QC.

He said Justis Smith, 19, of Deepdale Road East, Pembroke, had told the truth and ended up accused of premeditated murder, when there was nothing that could justify such a charge.

Mr. Perry told the Supreme Court trial of Smith, who denies killing the Canadian teenager, of the circumstances of the attack on the girl and that Kirk Mundy had admitted to having sex with her.

"Even after all of this Mundy was not charged with murder or rape,'' he said.

"Justis Smith tells the truth and ends up being charged with capital murder.

It looks like there has been a gigantic cock-up in the Police Department.'' During cross-examination of Det. Con. Calvin Smith, who said Mundy was charged with accessory after the fact, Mr. Perry said Mundy wasn't charged with murder until October after the July killing.

"It is a national scandal, is it not, what happened in this case?,'' he asked.

Det. Con. Smith replied: "I don't understand what you are saying.'' Defence lawyer says case is `national scandal' Mr. Perry said Police rushed their judgement to charge Justis Smith, when Kirk Mundy was a liar who said he had sexual intercourse with the 17-year-old girl, when it looked like rape.

Earlier he said to Det. Con. Smith: "Mundy said he had consensual sex with that girl. The post mortem shows sexual abuse, does that look like sexual intercourse? "This poor girl's bra was ripped, her panties cut, skirt slit and a man said he had consensual sex. Doesn't that sound alarm bells ringing, doesn't that sound like rape? "Kirk Mundy wasn't even charged with rape, let alone murder.'' The defence counsel said Mundy claimed he had washed himself in the water for five to ten minutes after having sex. "Did it not dawn on the Police that this man might have been washing off blood?'' The Det. Con. said he couldn't answer as he wasn't present during Mundy's interview.

In re-examination, Crown counsel Sandra Bacchus asked Det. Con. Smith if he was aware that Rebecca Middleton's friend Jasmine Meens -- who was with her that night -- had said she had seen Miss Middleton drive off with two men on a motorcycle.

And that Dean Lottimore, who had taken Miss Meens home, who was present when she got on the bike, said that the passenger on the bike was most likely Justis Smith.

He later picked Smith out at an identity parade.