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Middleton trial focuses on knife evidence

A serrated knife in the water a short distance from Ferry Reach could be linked to other knives discovered at the home of accused Justis Smith, a court heard yesterday.

And a forensic expert who examined the bloodstained bra of murdered teenager Rebecca Middleton said that one of the cuts was consistent with being made with a serrated knife.

The evidence emerged at the start of the third week of the trial, in which Justis Smith, 19, of Deepdale Road East, Pembroke denies premeditated murder.

But it was also stated that a particular knife could not be identified as one which made the cuts to the clothing of Miss Middleton.

And, although the knives were said to have been made by the same manufacturer, and at the same time, it was not known how many other knives were also made of the same design.

The statements came as Solicitor General William Pearce QC began his examination in chief of Robert Hart, a Police expert in knife marks and wounds from Florida, US.

He had examined the knife found in the water at the swing bridge days after the July 3, 1996 murder of Miss Middleton at nearby Ferry Reach. And he had also inspected a box of steak knives taken during a search of Justis Smith's home.

Miss Middleton, a 17 year old Canadian holidaymaker, had been brutally sexually assaulted, tortured and stabbed to death.

Mr. Hart said the markings, serrations and size of the knives all corresponded.

He concluded that they were made by the same manufacturer and had been made by the same stamp.

Defence counsel John Perry QC said that Mr. Hart couldn't say what number of knives of that type were made from that stamp, if it was four or thousands.

And he said his evidence had nothing to do with other knives of the same design.

Mr. Hart agreed: "I am not saying that this knife came from this box. I am saying it came from the same manufacturer at approximately the same time.'' Earlier, shop owners and managers testified that the box of knives were not ones sold in their stores. But it was admitted that it was not the only way people could get knives into Bermuda.

The jury also heard that Rebecca Middleton's panties, denim skirt and fluid samples were examined by forensic scientists at the Royal Canadian Mounted Police, in Ottawa, Canada.

DNA taken from her vagina matched Kirk Mundy's and a stain from the inside of her panties also matched Mundy's. Blood found on the underwear also came from Miss Middleton.

No DNA from Justis Smith was found on any of the swabs.

In addition, a saliva stain found on her denim skirt matched that of the victim.

Further evidence was read from Michael Kelley, a forensic examiner from the United States.

He had been sent the knives, Rebecca Middleton's panties, bra, denim skirt and shirt.

Overall, he concluded that the cuts on the clothing were made by a knife but there was insufficient characteristics for positive identification of a particular knife.

On the shirt he said eight of the cuts were caused by a knife the same shape and size of the knife found. And a cut made to her bra was consistent with a serrated edged knife.

Government analyst Kevin Leask detailed the damage to her clothing and dirt found on her knees, shins, feet and hands. This indicated she had been kneeling at some stage during the attack.

Blood flows on the thigh showed she had been standing for a time, he said.

Her white shirt was hanging off her upper body, and together with a cut bra, was almost completely bloodstained. Two shirt buttons had been forcibly ripped off.

The trial continues today.

COURTS CTS