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BERMUDA | RSS PODCAST

Middleton case gets fresh TV airing in Canada

A documentary on the botched case of murdered 17-year-old Rebecca Middleton will be broadcast to at least a million viewers across Canada tonight.

The prime-time CTV W-FIVE programme features interviews with Rebecca's parents, Dave Middleton and Cindy Bennett.

Other contributors include Attorney General Philip Perinchief, former Solicitor General William Pearce and forensics expert Henry Lee who discuss the 11-year-old case, which has never resulted in a conviction.

Although it will not be available via cable in Bermuda, local channels plan to air it sometime next week according to Middleton family friend Rick Meens.

Associate producer of the programme Larissa Moore told The Royal Gazette: "It's about the family's fight for justice and taking a look at the fact that they are continuing on with their (legal) appeal in 2008.

"There's lots in there, it's a long story about a very complex legal case that's gone on for many years. Although I won't know until the programme airs, I feel there's going to be a lot of interest. It will touch many people's lives even 11 years later."

Rebecca, a tourist from Belleville, Ontario, was raped and murdered in July 1996 after accepting a lift on a bike from strangers after a night out in St. George's. The failure of the criminal justice system to secure a murder conviction has been heavily criticised by relatives of the teenager.

Kirk Mundy, a Jamaican then aged 21 and Justis Smith, a Bermudian then aged 19, were arrested days after Rebecca's naked body was found in Ferry Reach.

Smith was charged with premeditated murder, but Mundy was allowed to plead guilty to a lesser charge of accessory after the fact, before forensic tests were complete, and jailed for five years. When new evidence later came in allegedly linking him to the killing, the Privy Council — Bermuda's highest court of appeal — rejected a bid by prosecutors to have him face a fresh charge of murder.

The murder case against Smith was thrown out before a jury had chance to consider it by Judge Vincent Meerabux, who said there was no case to answer. The Privy Council later criticised him for this "surprising" and "perhaps astonishing" decision, saying there was strong circumstantial evidence. Nonetheless, it ruled the decision could not be overturned and a retrial ordered because in Bermuda there is no right of appeal by the prosecution following a finding by a judge of "no case to answer" on the facts.

As part of their campaign to get justice for Rebecca, the Middleton family argued at a Judicial Review hearing in April that although Bermuda's laws also ban someone from being tried twice for murder, fresh charges of serious sexual assault, torture or kidnap could be considered against Mundy and Smith. The bid was rejected by Chief Justice Richard Ground, but an appeal against his ruling is due to be heard by the Court of Appeal next year.

Meanwhile, Rebecca's family is also pressing for the double jeopardy principle, which prevents someone being tried twice for murder, to be abolished in Bermuda as it has in certain cases in England and Wales.

Dave Middleton said of the CTV documentary: "Like most, they are horrified by the brutal nature of Becky's death and then followed up by so many errors from almost everyone involved in this case. It seems to me their challenge will be what details of incompetence to highlight and to try and make sense of it.

"My participation was being interviewed at work in the park and then at home. I hope they present the facts that we have been trying for quite a number of years now to work with authorities in Bermuda to effect changes that will make life safer and better for all Bermudians and visitors to Bermuda.

"I find the people of Bermuda to be friendly, caring people that support our efforts at making changes in the laws that will support the victims as much as the accused. At the present time it is very apparent that you can get away with murder in Bermuda. The 'Stop the Violence' march recently shows there is a growing appetite for the rights of the victims to at least equal that of the criminals.

"Having the laws changed to make Bermuda a safer place where victims get as much consideration as criminals would give me the feeling that Becky's death was not completely in vain but in fact did have some good come from it."