Justis Smith's lawyer told the Serious Crimes Commission there was no forensic evidence implicating him in Rebecca Middleton's murder.

And Ms Christopher countered claims that Khamisi Tokunbo, prosecutor of Kirk Mundy, who was also suspected of involvement in Middleton's death, was friendly towards and talked to Mr. Smith's father.

The claims were made at the inquiry on Tuesday by the slain teenager's father, Dave Middelton.

Ms Christopher went on to characterise Police as being obstructive to her getting access to Mr. Smith in the hours after his arrest.

She claimed Police wanted to get the "hook'' into Smith before he talked to a lawyer and would likely refuse to cooperate. "There was no forensic evidence that implicated Justis Smith,'' Ms Christopher, a defence lawyer of 10 years' experience, said.

"There was forensic evidence at the scene at Ferry Reach insofar as blood was spilled,'' she continued. "Pictures were taken. After that, it was a matter of opinion as to what that evidence meant.

"The photographs were taken the day Ms Middleton was murdered. It took the Crown over a year to find an expert who was prepared to offer to the Crown an opinion which the Crown found palatable to present.'' She added: "An opinion not that Justis Smith was in any way involved in the murder, but an opinion that two people committed it.'' Ms Christopher said that was not the "tenor and nature'' of earlier experts' opinions sought by prosecutors and the defence lawyers were not notified of the opinion until the last minute.

In addition the defence was able to get an opinion to the contrary which was not given to the jury because the case had already been dismissed.

To counter Mr. Middleton's recollection that he saw Mr. Tokunbo talk to and tap Mr. Smith senior on the shoulder, Ms Christopher said Mr. Tokunbo made a charge of premeditated murder against Smith, suggesting there would have been animosity between the two men.

She said she had been contacted by Justis Smith's father Richard on Tuesday and added: "Mr. Middleton is mistaken. I have some idea who Mr. Smith may have been talking to, but I don't think Mr. Smith would have allowed that.'' When asked why there appeared to be no evidence that Mr. Smith was at the scene, Ms Christopher was adamant her client was not at Ferry Reach that day.

"The explanation I would give is that he wasn't at the scene,'' she told Commission member William Dovaston. "You as an experienced Police officer might take issue. Not from the way the crime scene was handled, but for the reason because he wasn't there.'' Commentator and taxi driver speak out: Page 3 No forensic evidence against Smith -- claim Ms Christopher said Richard Smith had hired Juris Law Chambers to represent him shortly after he was taken away by Police and all of her inquiries to Hamilton Police Station were "proving fruitless''.

She resorted to sending a fax to Prospect at 2.57 p.m. that day and she notes the principle witness statement to Police by Mr. Smith began at 3.10 p.m.

And -- according to Supt. Vic Richmond -- while there was no provision in law for taking intimate samples from a suspect, Ms Christopher said Mr. Smith was giving samples to Police just 17 minutes after being booked.

"By the way I would add that on the evidence of Det. Con. Calvin Smith, Justis was not arrested at his residence as suggested by Supt. Richmond in his rebuttal,'' she added. "But in the Police car having voluntarily entered the Police car upon request.

"The relevance (of that)? No one knew at the scene from which Justis was taken what was happening to Justis,'' she explained, before asking if Police wanted to test him before he was given legal advice.

"What to a lay person must have seemed like an off-the-record discussion with officers (i.e. not on statement paper, not given the full and proper caution that proceeds a written statement), the interrogation of Justis began,'' she added. "Again clearly an attempt to get the hook into Justis before he was properly advised.'' Rebecca was killed in Ferry Reach on July 3, 1996. Mundy was allowed to plead guilty to accessory after the fact, while Smith was acquitted of murder after the judge ruled there was insufficient evidence. Ms Christopher defended Puisne Judge Vincent Meerabux decision to discharge Mr. Smith, pointing out the "sound jurisprudential basis'' of the ability to only appeal on legal aspects of a decision.

"Despite the strenuous effort by Solicitor General (Bill) Pearce to suggest that the result would have been different had the provision been different and permitted for appeal both on the law and the facts, that conclusion certainly does not follow.'' She added: "The judge was there. He listened, he saw. He gave a voluminous decision on short notice when the liberty of the subject was at stake.'' Ms Christopher said it was a "vicious assault'' on the "fair administration of justice'' to suggest Mr. Smith would have been convicted by the jury.

"Professionals know better how to assess the improper comments made after trial,'' she added. "But the lay people among which Justis and his family live do not. Mr. Middleton during the course of his evidence asked a very important question -- why was there not a trace at all of Justis Smith at Ferry Reach. The answer is self-evident.'' Ms Christopher noted that none of the senior Police officers involved in the case, Det. Insp. Legay Farley, Det. Ch. Insp. Norrell Hull, Insp. Stuart Crockwell, and Det. Sgt. Graham Ward, gave testimony. "It is a very serious matter that there is no one to accept any responsibility or account for inappropriate actions or indeed appropriate actions when a case is tried in court,'' she said.

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