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Expert: Canadian teen was tortured before being killed

Many of the knife wounds inflicted on murder victim Rebecca Middleton were made to terrorise the girl into submitting to her attacker, it was claimed yesterday.

A forensic expert told the Supreme Court trial of Justis Smith, who is accused of murder, that in his opinion the Canadian teenager was restrained whilst she was slashed.

Dr. Michael Baden said he believed that her arms and head could have been held tightly as a number of superficial wounds were deliberately made on her -- with the intention of controlling her.

Dr. Baden, who is the Director of Forensic Science for the New York State Police, said: "The other, non fatal wounds, were controlling wounds meant to cause Rebecca Middleton to do something she didn't want to.

"Torture type wounds that cause pain, these wounds cause more pain than bleeding.'' "These were done while she was held stationary...controlling wounds...to terrorise her into doing something she didn't want to do.'' Miss Middleton, 17, was found stabbed to death, lying in the middle of the road at Ferry Reach on July 3, 1996. She was naked and had been sexually assaulted and tortured before being killed.

The expert, who made his deductions from photos of the deceased, the autopsy report and a site visit, was brought in by the Crown on the fourth day of the trial.

Justis Smith, 19, of Deepdale Road East, Pembroke, pleads not guilty to premeditated murder.

The Crown claim holidaymaker Miss Middleton was killed after accepting a lift from Smith and another man, Kirk Mundy, after a night out in St. George's.

Under examination from Solicitor General William Pearce QC, Dr. Baden said there were 40 separate injuries on Miss Middleton, 17 of which were superficial, to her body, neck and head.

Of those, he considered five would have been fatal -- wounds to the jugular vein in the neck, the lungs, heart and abdomen.

After they had been inflicted, she would have had 20 to 30 minutes to live, he added.

Because of the blood-soaked grass and the traces of grass on Miss Middleton's buttocks, Dr. Baden said it was his opinion that she was seated on the ground as the "controlling'' injuries were inflicted from above.

He said they weren't meant to kill her and the serious neck wound could have been made unintentionally, adding: "The other four wounds were deliberately inflicted to cause death.'' Dr. Baden has testified in the O.J. Simpson case and also took part in examinations to determine whether bodies discovered in Russia were those of Tsar Nicholas II and his family, told the court that he worked for a department that handled 1,500 murders a year, the majority of which were stabbings.

He said some of the wounds, especially to the neck, only scratched the skin.

"These wounds could only be inflicted if Rebecca Middleton was stationary where she couldn't move away. There is evidence that she couldn't defend herself and put her hands in the way.

"A deliberate, specific act done with care. During a struggle it would have been impossible to get horizontal lines on her neck if a person could move from side to side.'' Dr. Baden demonstrated his opinion by using Crown counsel William Pearce QC seated in a chair before the jury.

During the morning, the jurors visited the site where Rebecca Middleton was found murdered.

Shortly after 10 a.m., a convoy of vans and cars arrived at the cul-de-sac at the end of Ferry Road, for the short walk to the spot where the Canadian teenager was discovered.

The jury, Puisne Judge Vincent Meerabux and defendant Justis Smith, guarded by four Prison Officers, all went to the location.

In addition, the defence team of John Perry QC, Archibald Warner and Elizabeth Christopher, together with Crown counsel Sandra Bacchus also made the trip.

Rebecca Middleton's father, David, accompanied the group.

The entourage walked the short distance from the road end to the spot on the road where Miss Middleton was found naked with multiple stab wounds in the early hours of July 3, 1996.

Feet from the road was the patch of rough grass where her clothes were found, and also a Casuarina tree where memorials to the 17-year-old holidaymaker hung.

Cards, messages, flowers including lilies, and ribbons still adorn the trunk of the tree.

During the 45-minute trip, the jury also saw the steps up to the Railway Trail, and the short path down to the water at Whale Bone Bay.

Previously during the trial, defence counsel John Perry QC said that Mundy had claimed he had washed himself in the water after having sex with Miss Middleton.

On the journey back, there was a stop at Mullet Bay Road.

The jury walked west alongside the road to the Swing Bridge, near to the spot where Justis Smith said he and Kirk Mundy stopped to talk to Seon Smith, whose car had broken down, after 3 a.m. on the day the murder occurred.

The trial continues today.