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Early `naivete' doomed case

contributed to the collapse of a later murder trial, it has been claimed.A top Police insider said the pre-trial proceedings in the case were so badly handled it became an irretrievable situation.

contributed to the collapse of a later murder trial, it has been claimed.

A top Police insider said the pre-trial proceedings in the case were so badly handled it became an irretrievable situation.

And the Police source laid the blame for failure to convict anyone for the killing at the door of ex-Attorney General Elliott Mottley, who quit the Island days before a not guilty verdict against murder accused Justis Smith was returned due to lack of evidence against him.

But the Police Service has learned some lessons from the investigation and put in new procedures as a result, said the insider.

He added "extreme naivete'' in the Attorney General's Chambers two years ago may have contributed to the eventual failure of proceedings and the resulting row over the case.

It is understood that the acquittal of Justis Smith on a charge of premeditated murder last week sent shockwaves across the force and through the Attorney General's Chambers.

Now, the insider with knowledge of the events following the July 3, 1996 murder of Ms Middleton, says many lessons have to be learned from the last 30 months.

He said lack of experience on the part of some of the Police and prosecutors directly involved with the case may have hampered the investigation.

And he added that subsequent rushed decisions ensured the prosecution was in trouble from day one.

The determination to charge Kirk Mundy as an accessory after the fact was at the heart of the matter, the source said.

He claimed: "Clearly it was bungled by those responsible for the case in the Attorney General's Chambers. To accept that plea was crazy.

"I was quite shocked when they took that plea.'' The Mundy case was prosecuted by Crown counsel Khamisi Tokunbo, who suggested three to four years in jail. Chief Justice Austin Ward gave Mundy a five-year prison sentence.

At the time it is understood that at least one senior officer was unaware of the decision to strike a deal and it led to subsequent heated discussions with then Attorney General Elliott Mottley in a bid to try and retrieve the situation.

The source admitted that at the time the crucial DNA evidence was not in and the threat of a travel advisory from Canada could have weighed heavily in the decision.

From that some lessons have been learned, he said.

Now a forensic pathologist is brought into such cases as a matter of course, to provide a vital second opinion on violent deaths.

And Bermuda has arrangements in place with forensic science laboratories in America to quickly process evidence which may prove crucial in the identification of suspects -- although it is believed it will still take months to get evidence analysed.

Lessons for Police The source added that overseas training courses for officers have also been recognised as important, although there is no substitute for direct experience in the investigation of serious crime.

And he said an additional problem with the reluctance of witnesses to talk hindered the collection of vital evidence at an early stage of the inquiry.

Calls for an official inquiry into the proceedings have been made in the days following the trial's end, but the source is unsure whether they would reap any real benefits.

"The force has learnt from this experience, there is some determination there,'' he said.

Lessons for Police The source added that overseas training courses for officers have also been recognised as important, although there is no substitute for direct experience in the investigation of serious crime.

And he said an additional problem with the reluctance of witnesses to talk hindered the collection of vital evidence at an early stage of the inquiry.

Calls for an official inquiry into the proceedings have been made in the days following the trial's end, but the source is unsure whether they would reap any real benefits.

"The force has learnt from this experience, there is some determination there,'' he said.