ERROR RG P4 29.8.2000 In Friday's report on the Serious Crimes Inquiry, it was reported that the Court of Appeal had last year asked prosecutor Patrick Doherty why a man had been charged with having unlawful carnal knowlege, instead of the more serious charge of rape. We would like to make it clear that Mr. Doherty had not been responsible for the prosecution of the man but was appearing on behalf of the Attorney General's Chambers at the Court of Appeal in an attempt to get the defendants' jail term extended.

The commissioners probing the handling of crime in Bermuda were yesterday urged to investigate two additional specific cases where Police and prosectors are alleged to have failed in their work.

Former Police officer William Woods took to the stand at the inquiry into serious crimes and handed the commissioners past newspaper cuttings on cases where he felt justice was not found to be done.

The first concerned the alleged rape of a 14-year-old girl early last year.

Crown prosecutors were condemned for their handling of the case after they failed to charge the accused with rape, as alleged by the victim.

Instead, they allowed defendent Shawn Eugene Gordon Smith to plead guilty to the lesser charge of having unlawful carnal knowledge of the teenager, despite her allegations to the contrary.

When the Crown went to the Court of Appeal to get Smith's 18-month sentence increased, they failed.

Appeal Court President Sir James Astwood expressed astonishment that, based on the girl's statement, the Crown did not charge Smith with rape.

Sir James asked Crown counsel Patrick Doherty: "Why did you accept that plea? If this is correct, that is rape, taking a woman against her consent. Someone gave evidence and you didn't proceed?'' Mr. Woods, 64, said this example mirrored that of the Rebecca Middleton murder in July 1996, when one of the suspects, Kirk Mundy, was allowed to plead guilty to accessory after the fact, despite DNA test results not being returned to Police, which would ultimately contradict his statement about his involvement.

And Mr. Woods said he was amazed by comments in the Press after the rape case from the then-Acting Director of Public Prosecutions William Pearce that prosectors would discuss the file to see if lessons could be learned.

But Mr. Woods said yesterday: "He should have learned before he got into that position. He's trying to learn as he goes on.'' And he said Elliott Mottley, Attorney General at the time of Rebecca's death, was right to point the finger this week at Mr. Pearce for failing to convict the other suspect Justis Smith.

The second case he brought to the attention of the commissioners was that of four-year-old Derik Dill.

The little girl suffered serious injuries after colliding with a taxi in a Government playground at Shelly Bay Park a year ago.

However, Police told the girl's mother that charges could not be brought against the driver of the car because the accident had happened "on private property and not the main road''.

Mr. Woods questioned whether the taxi was licensed and insured and said the driver should have been prosecuted for being in an area earmarked as an emergency vehicle area only.

Three other members of the public also turned out yesterday to give evidence at the hearing.

Pensioner Arnold Landy, from Paget, 75, accused some Police officers of being a "law unto themselves'' and said race played a major role in who was arrested on the Island and how prosecutions were handled.

He said a black defendant was likely to get a harsher sentence than a white person, and was more likely to be arrested.

Witness Dennis Bean, echoed Mr. Landy, claiming he had been victimised by Police since the age of 13.

He admitted to being in trouble with the law and serving time in prison, but said on a number of occasions he was unduly blamed or "set up'' by officers.

He added: "There is a significant abuse of power. I have ended up with a reputation that I do not deserve. There is too much manipulation.'' Durronnie Philpott, from Pembroke East, asked the commission to look into a drugs case involving Ricky Ricardo Steede, the father of her four-year-old child.

She said he received an eight-year sentence last year for possession of a quarter of an ounce of cocaine, yet tourists and other people received fines or much shorter jail terms for handling larger amounts of drugs.

She also said his assets were frozen, meaning she was unable to receive child support.

Solicitor General Mr. Pearce may be taking to the stand at the inquiry today, along with former Det. Sgt. Neville Darrell.

MURDER MUR CRIME CRM