Appeal in Middleton case to be filed today
An appeal against the verdict in the Rebecca Middleton murder case will be filed today, The Royal Gazette can reveal.
The appeal against the acquittal of murder accused Justis Smith comes bang on the 21-day deadline for any further proceedings to be filed.
Smith, now 19, was cleared of the charge of murder last month after a Supreme Court judge ruled there was no case to answer due to a lack of evidence.
The news came as the Queen is set to be caught up in the row surrounding the Middleton murder probe mess-up.
For a copy of a letter setting out complaints about the handling of the case is to be sent to Buckingham Palace.
UK Prime Minister Tony Blair and Canadian Prime Minister Jean Chretien will also be sent copies.
And a January 7 deadline has been imposed by "Boycott Bermuda'' webpage chief Michael Vigodda for a commitment to an independent inquiry from Premier Jennifer Smith.
But The Royal Gazette understands that a decision on an inquiry would be a matter for Governor Thorold Masefield, although he would consult with the Premier.
According to Government sources, Mr. Masefield and the Premier have already discussed likely legal moves in the wake of the appeals process.
But it is understood the authorities cannot pledge an inquiry until legal moves surrounding the acquittal of Smith are exhausted.
Deputy Governor Tim Gurney said: "There is a legal process and that's not yet completed.
Mr. Gurney added: "We are obviously well aware of the calls for an inquiry.'' Mr. Vigodda said he would suspend the boycott calls if Ms Smith signed a statement confirming an inquiry would be held, when it would be convened and who would oversee it by Thursday.
He added: "We have heard rumours that an appeal is in the process of being filed.
"As soon as this is substantiated, the website will drop the appeal from its demands and will cease to comment on the appeal process while it is in process.
Mr. Vigodda added: "We do not want to interfere with the Middletons' chances of seeing Rebecca's killers brought to justice.'' And he said attempts to contact Ms Smith through Cabinet Office and calls to her home had been unsuccessful.
not dealing with a bunch of terrorists making demands here.
"She's dealing with reasonable people who are trying to get a supposedly honourable Government to do something honourable.'' A spokesman for Ms Smith said yesterday he had been instructed by the Premier to pass on all inquiries to Government Information Services.
But two press officers from GIS last night said they were not aware of any developments.
Rebecca's grieving father David said he was not in favour of an economic boycott hurting innocent Bermudians.
But added that the website had brought results -- including a statement from Ms Smith, posted on the site around a week after Smith was acquitted.
Mr. Middleton said: "I'd like to see an appeal filed. That means basically nothing can go ahead until the appeal has been heard.'' And he added: "I would support Mr. Vigodda easing off on the boycott if he should get confirmation that once it's all settled, they will have an inquiry.'' Rebecca's mother Cindy said she was not aware of Mr. Vigodda's offer to Government.
She added: "I think that's probably a good idea -- I think the website has been a good thing in some ways. One thing I want to see is an inquiry but it'll have to wait until after an appeal.'' COURT OF APPEAL COA