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Commission opens -- and then adjourns

but then adjourned before any witnesses gave evidence.Commission chairman Justice Stanley Moore, who opened the hearing by making a formal statement, revealed afterwards that potential overseas witnesses had not yet been invited to give evidence.

but then adjourned before any witnesses gave evidence.

Commission chairman Justice Stanley Moore, who opened the hearing by making a formal statement, revealed afterwards that potential overseas witnesses had not yet been invited to give evidence.

The inquiry was sparked by the botched investigation and prosecution of the case against two men accused of the July 1996 murder of 17-year-old Canadian schoolgirl Rebecca Middleton.

The Commission's terms of reference do not mention the Middleton case specifically, but the dead girl's father Dave is planning to travel from his home in Belleville, Ontario, to give evidence.

Serious crime Commission opens be oberved that we have not been mandated to conduct an inquiry into any particular offence or offences.'' The Commissioners are expected to sit throughout the month and report to Governor Thorold Masefield by mid-September.

Mr. Justice Moore, a former Attorney General of Monserrat, said it would be for the Governor to decide whether to publish the Commission's report and recommendations.

However, members of the media, including photographers and television cameras, will be permitted to attend the inquiry to report on the proceedings during the coming month.

The Commission does not have the power to compel overseas witnesses to attend but it can summon people living in Bermuda.

Elliott Mottley, the Attorney General during the Middleton case who now lives in Barbados, said he will give evidence if asked by the Commission.

Colin Coxall, the Police Commissioner when Miss Middleton was murdered and who now lives in England, said he would consider testifying if asked.

Mr. Justice Moore adjourned the hearing at Supreme Court Four yesterday after reading a statement outlining the Commission's purpose.

Earlier, he and fellow Commissioners Don Dovaston, a former deputy chief constable of Derbyshire Police in the United Kingdom, and Shirley Simmons, a consultant with Bermudian law firm Trott and Duncan, took an oath before the Governor in Government House.

Bermuda Bar Association President Richard Hector has been appointed to assist the commissioners with legal issues and help marshal and present the evidence.

Mr. Justice Moore told The Royal Gazette afterwards that invites had not been sent to potential witnesses because the Commission had just been constituted.

He said: "When we meet we will have to decide these things based upon what evidence comes forward. Certain people are obvious.

"We will have to hear from the Commissioner of Police and members of his force and from the current Director of Public Prosecutions, whoever he may be, and his office.

"Based on what evidence unfolds, we will be able to determine who else we would need to hear from.'' When asked if the inquiry will definitely address the Middleton case, Mr.

Justice Moore said: "All I would say is we will cross that hurdle when we come to it. If it comes up, the Commission will decide how to deal with it.'' The failure of authorities in Bermuda to convict anyone of Miss Middleton's murder soured relations between between the Island and Canada.

Friends of Miss Middleton's family urged Canadians to boycott Bermuda and visitor numbers fell.

The Department of Public Prosections allowed Jamaican Kirk Orlando Mundy to plead guilty to being an accessory after the murder and he was jailed for five years.

Bermudian Justis Smith was acquitted by Puisne Judge Vincent Meerabux, but the Court of Appeal overturned this and ordered a retrial.

The Privy Council in London later ruled that Mr. Smith, 21, could not be retried, because an acquittal, even if it was erroneous, could not be overturned.

They described Judge Meerabux's assertion that there was insufficient circumstantial evidence to try Mr. Smith as "astonishing''.

Mr. Justice Moore said the Commission will deal "sympathetically'' with applications for witnesses to have a lawyer.

Generally, evidence is to be led through lawyers for witnesses, although solicitors will not have the right to examine others testifying, unless they present evidence which could condemn their clients.

Questions to witnesses will be put through the Commission.

Adverts had been placed in the press urging people with statements about serious crimes to come forward.

Mr. Justice Moore said any statements submitted would not be circulated and that any testimony which imputed individuals would be passed to them to respond.

The first witness to give evidence today will be former Attorney General Saul Froomkin, who is the Canadian honorary consul.

It is understood Mr. Frromkin has not been invited in his capacity as Canadian honorary consul but because he is a former Attorney General.

Rebecca Middleton's family was not available for comment last night.

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