The decision to bar a film team from Bermuda on the basis of “reputational risks” to the Island has been condemned as giving the impression of a cover-up.

The crew from Canadian company Cineflix had sought to enter the Island for a documentary on the 1996 rape and murder of Canadian teenager Rebecca Middleton — but were denied temporary work permits by Immigration, with Home Affairs Minister Michael Fahy citing potential bad press as a contributing factor in the decision.

Former One Bermuda Alliance leader John Barritt has urged Government to reverse the decision, telling The Royal Gazette that Senator Fahy’s rationale for the ruling was itself harmful to the Island’s name.

“There is no question but that the Rebecca Middleton murder, investigation and prosecution has been a stain on Bermuda’s reputation,” Mr Barritt said.

“The stain just got wider and deeper with this decision.”

However, Sen Fahy last night defended his decision, saying he had no intention of stifling media freedom.

Rebecca Middleton’s murder was “a brutal, horrific event”, he said, with “significant steps” taken in its aftermath to redress faults in Bermuda’s criminal justice system.

“Some have said that this documentary would serve as an opportunity to share Bermuda’s side — however, there is no guarantee that this whole matter would not be sensationalised and, further, there is no guarantee that Bermuda’s side would be portrayed in a balanced way,” Sen Fahy said.

“There are also some who say that this is restricting the freedom of the press. However, nothing could be further from the truth. There is nothing preventing a local film crew from producing a documentary on this incident.

“Finally, as I noted, this decision was taken with great consideration, and it is in accordance with what is legislatively available under the law. And I am of the view that no matter what decision was made, there would have been significant levels of criticism either way. That said, the decision stands.”

The brutal killing drew international furore after murder accused Justis Smith had the case against him thrown out by Justice Vincent Meerabux, while co-accused Kirk Mundy was allowed to plead guilty as an accessory before police had finished their forensic tests.

Mundy’s five-year term was the only conviction for the murder. Despite the emergence of fresh evidence, a bid by prosecutors to try him again was turned down by the UK’s Privy Council, which also ruled that Mr Justice Meerabux’s decision on Smith couldn’t be overturned.

As an MP, Mr Barritt subsequently fought to amend the Court of Appeal Act, allowing the prosecution the same rights of appeal as the defence.

The Middleton case is now the subject of a documentary by Canadian Cineflix and the five-man team had requested to interview locally as part of its ‘Murder in Paradise’ series.

Although the crew said they received Immigration approval, they were told on March 21 — the day before their arrival — that permission had been rescinded. Producers have said they will carry on with filming overseas.

Mr Barritt, a founding member of the One Bermuda Alliance, yesterday called the rescinding of permission “a poor decision in all the circumstances and very short-sighted”.

“The Minister for Tourism and Attorney General should be outraged by the decision — and if they are not, they ought to be,” he said.

“Bermuda’s stock in trade is our reputation. It is what we rely on whether in tourism or international business. This decision will not put us in very good light. It smacks of suppression or denial or worse, like we have something to hide. It runs completely counter to the principles of transparency and accountability that are hallmarks of modern democratic governments. This makes us look small, very small.”

Mr Barritt added: “Look, we all know mistakes were made, but there were some people in Bermuda who also worked hard and made great and small effort to correct things for the cause of justice. Some positive steps were also taken.

“None of this can erase the murder and tragic loss of a young girl but we can show that we care, care deeply, about what happened. But this is not the impression that is given when our government simply refuses to allow filming here. It adds to the blot.

“Bermuda like any jurisdiction will be measured not just by its successes, and how we handled them, but also by how we face up to our failures and our mistakes and sadly this refusal gives the wrong impression, arguably the worst possible. It ought to be reversed — and promptly.”

Last night, Shadow Attorney General Kim Wilson also condemned Sen Fahy’s invocation of “potential reputational risks to Bermuda associated with the ultimate airing of this documentary”.

Ms Wilson said that while she disagreed with the Minister’s reasoning, she recognised as a former Minister, whose remit had included Immigration, that Sen Fahy had the legal power to consider “generally the requirements of the community as a whole” before granting a work permit.

That recourse falls under section 61 (4) (f) of the Bermuda Immigration and Protection Act 1956, she said.

“Though this is a rather wide provision, it appears that Minister Fahy has relied on this provision for the denial of the work permits to the Canadian film crew, due to the ‘reputational’ risks to Bermuda associated with the airing of this documentary,” Ms Wilson said.

“As for the ‘ten working day’ required timelines involved in the application process, as this is a matter of policy, the Minister has discretion to permit the application to be considered despite the absence of the ‘ten working day’ requirement.

“As a lawyer and former Attorney General, I am appalled by the rationale given by Minister Fahy for the denial of the work permits. There is no doubt that the circumstances surrounding the investigation and subsequent prosecutions concerning the Rebecca Middleton case were almost as horrific as the murder itself. As Minister Fahy rightly states, Bermuda has made significant advancements over the past 18 years concerning our criminal justice system, paying particular attention to the lessons learned. These are the factors that will no doubt be conveyed in this documentary, which will still be produced.”

The Progressive Labour Party MP said the best way to decrease “reputational risks” to Bermuda would be for the Minister to reverse his decision, and allow the Canadian crew permits to film on the Island.

“Failure to do so will likely result in a documentary focusing not only on a horrible, senseless murder, a justice system that failed and the country that wanted the story to be censored,” she said.

“This surely can’t be a reputation we wish to promote.”

Meanwhile, Shadow Home Affairs Minister Walter Roban said he shared Bermudians’ discomfort about a “potentially reputation damaging documentary being produced”.

However, he voiced concern at Sen Fahy’s decision to deny the team entry.

“The Minister has cited the potential damage to Bermuda’s reputation, but his attempt to suppress the story will undoubtedly further tarnish Bermuda’s reputation as a modern, sophisticated jurisdiction that believes in openness, honesty and transparency,” he said.

“In their possible haste to avoid negative publicity about this bungled case, the OBA Government have potentially created a larger PR problem for Bermuda.”

Calling the crew’s denial of permission “an affront to freedom of expression”, Mr Roban called on the Minister to reconsider — and grant temporary work permits to the crew.