The Canadian Government is warning its citizens against visiting the Town of St. George's, saying that bouts of crime, physical and verbal abuse and gang activity have made the World Heritage Site unsafe for tourists.

Consulate General of Canada spokesperson Bernard Nguyen could not confirm yesterday whether the advisory was in any way connected to the murder of 17-year-old Rebecca Middleton in 1996.

The teenager was on vacation here from her home in Belleville, Ontario, when she was stabbed 16 times, raped and sodomised. Her body was found in the early hours of the morning along the roadside at Ferry Reach.

No one has been convicted of the crime but her family is pursuing legal options and the case could go before the Court of Appeal at its next sitting.

"An appeal has been lodged and a preliminary hearing scheduled for August 29," said lawyer Kelvin Hastings-Smith. "All things being equal, we could be in the next Appeal Court session ¿ in November or early 2008."

Rebecca's father, Dave Middleton (pictured) , has sought justice from the courts since his daughter's murder 11 years ago. Only two suspects have ever been linked to the brutal killing.

Police arrested Bermudian Justis Smith, then 17, and Jamaican Kirk Mundy, then 21, a week after the body was found. Smith was charged with premeditated murder and Mundy charged with accessory after the fact.

Mundy pleaded guilty, admitting he had sex with Rebecca and found Smith killing her when he returned from washing himself in the sea. He was jailed for five years but, on the basis of new forensic evidence, was charged with murder two years later. The charge was thrown out by the Court of Appeal and the Privy Council in London.

Four months later, in November of 1998, Judge Vincent Meerabux ruled that Smith had no case to answer. The Privy Council in London criticised the decision but said the acquittal could not be overturned.

This spring Chief Justice Richard Ground supported an earlier ruling by former Director of Public Prosecutions (DPP) Vinette Graham-Allen that fresh charges could not be laid against Mundy and Smith despite official acknowledgement that the murder case had been bungled.

His ruling followed argument by British human rights lawyer Cherie Booth QC, that the pair should face new counts of sexual assault, abduction and torture, as a result.

Mr. Justice Ground backed the earlier decision by the DPP that fresh charges were not possible due to the legal principle of 'double jeopardy' which requires alternative charges to be laid at the outset and forbids a second prosecution.

"Before I can interfere with the DPP's decision I have to find that she was wrong in law," he said, in explaining the ruling in May. "She was not wrong. The (double jeopardy) rule is well established and straightforward. Despite the eloquent arguments advanced to the contrary, it is not permissible for me to ignore or modify it."

In the absence of a change in legislation or the intervention of a higher court, it would be impossible for any judge to rule differently "whatever he personally thought about the merits of the case or the justice of the cause", Mr. Justice Ground added.

At the time, Mr. Middleton said he was considering taking the case to higher courts ¿ the Appeal Court and, if necessary, the European Court of Justice ¿ but admitted that existing legal bills of nearly $100,000 might make that impossible even with the assistance of the Rebecca Middleton Foundation, a fundraising arm established to that end.

Asked whether he thought Mr. Middleton might one day see his daughter's killer(s) brought to justice, Mr. Hastings Smith said: "I don't think we would have carried on if there was no chance whatsoever. Dave has tried to get justice for 11 years. Why should he stop now?"

Bermuda's handling of the case has been widely criticised in Canada. In its editorial pages, the Globe and Mail informed 330,000-plus readers of "a dark day for Bermudian justice", saying the judicial system here is "so tied in knots by legal technicalities that it can't reverse what it clearly recognises as its own grave errors, even in the face of public outcry both within and without its borders".

A similar sentiment was expressed in a documentary, Seeking Justice in Bermuda, watched by an estimated 500,000 to 800,000 viewers.

Filmmaker Peter Wall followed Mr. Middleton in his journey through the Bermuda court system, documenting his frustration over his daughter's unresolved murder.

"When the whole thing fell apart, they basically washed their hands of it and said there was nothing more that we can do," Mr. Middleton recalled in the film. "It's like a lot of things in life ¿ it's not the problems you have, but how you handle them, and I don't think this problem has been handled very well at all in Bermuda."

Canadians considering travel to the island today are now being warned of the potential dangers they face in St. George's, areas around Hamilton and in deserted spots.

"Robbery, assault, rape and petty crime occur. There have been a number of serious incidents of sexual assault and acquaintance rape. Do not accept food or drink from strangers or casual acquaintances as these may be drugged. Use of Rohypnol and other 'date rape' drugs has been confirmed by authorities and reported in the local media.

"Crime occurs at St. George's World Heritage Site, where verbal and physical abuse has been reported, as well as gang activity. Travellers should also exercise caution when in the area of Pitts Bay Road and on the back roads of Hamilton. Incidents involving tourists are rare, but do occur. Ensure personal belongings, passports and other travel documents are secure at all times. Avoid deserted beaches and unpopulated areas, especially at night."