Shadow Attorney General Trevor Moniz has welcomed news that the Chief Justice plans to review the Kellon Hill murder case to see if lessons can be learned.

Mr. Moniz spoke out in the aftermath of the trial, questioning trial judge Charles-Etta Simmons' remark that "the criminal justice system hasn't failed".

He also called for a review of the case and law reforms to be considered as a matter of urgency, saying that in his view, "the criminal justice system is a train wreck". Chief Justice Richard Ground confirmed this week in response to inquiries from this newspaper: "I will of course be reviewing the case to see if there are any lessons to be learned. Beyond that I really cannot comment, particularly as there is the possibility of a retrial in the case of (Kellan) Lewis."

Mrs. Justice Simmons ruled that four of the five youngsters originally charged with murdering 18-year-old Mr. Hill should be discharged before the matter went to the Supreme Court jury last month. He suffered multiple injuries and stab wounds in an attack that allegedly saw bike helmets, a walking cane, a screwdriver and a knife used against him as he left a late-night beach party last August.

One stab wound to the chest pierced his heart and killed him.

Gary Hollis, 16, and Devon Hairston, 18, were alleged to have wielded helmets against Mr. Hill, Zharrin Simmons, 17, a screwdriver, Kevin Warner, 19, a walking cane and Kellan Lewis, 17, a knife. They denied the allegations.

All but Lewis were discharged at the end of the prosecution case as Mrs. Justice Simmons ruled that there was not enough evidence against them for them to have a case to answer.

Prosecutors opened the trial to the jury on the basis that the five intended to rob Mr. Hill, and if necessary, to inflict serious physical harm upon him for that purpose. Calling the crime a joint enterprise, prosecutor Michael McColm said that each defendant knew that one or more of the others intended to inflict grievous bodily harm.

However, in a ruling that The Royal Gazette could not report on until the end of the nine-week trial since it was delivered in the absence of the jury, Mrs. Justice Simmons said there was no evidence the defendants acted jointly. She therefore had to consider the case against Mr. Hollis, Mr. Hairston, Ms Simmons and Mr. Warner individually.

The judge concluded that there was no evidence against them to show they were a "principle" in the killing, which means the person responsible for the fatal stab wound. In particular, there was no DNA found on a screwdriver discovered at the scene to link it to Ms Simmons or to the killing, said the judge, and there was no proper identification of her as being involved in the fight.

The judge ruled that there was not enough evidence for Ms Simmons, Mr. Warner, Mr. Hairston or Mr. Hollis to have to continue to face the murder charge, so she directed the foreman of the jury to find them not guilty. The four were released from court, having been in custody for almost a year since their arrests.

Lewis continued on trial, denying murder through using a knife against Mr. Hill. However, the jury in the case was unable to reach a verdict on which at least nine of them agreed on July 24, so the case was discontinued.

The judge told the jurors before they left: "The criminal justice system hasn't failed. Each person involved has performed his or her duty as the law required."

The Director of Public Prosecutions must now decide if Lewis should be retried, but has yet to announce a decision. Meanwhile, Lewis has been freed on $25,000 bail. The other four defendants will not face a retrial because they were found not guilty and Bermuda's "double jeopardy" law prevents defendants facing trial more than once on the same charges.

Mr. Moniz said in the aftermath of the trial: "I am waiting to receive a copy of the judge's decision on the no case submission. I wish to satisfy myself on the findings of the judge with respect to the identification findings... and also whether the judge properly directed herself with respect to the definition of a 'joint enterprise'."

He pointed out that, unlike in the UK, prosecutors in Bermuda have no right to appeal judge's rulings that there is no case to answer.

"We desperately need to amend the Court of Appeal Act, as proposed by (United Bermuda Party MP) John Barritt some time ago, to allow the prosecution the equal right of appeal as the defence on issues of fact or mixed fact and law," he said. "In the present absence of a right of appeal by the prosecution I believe that the Chief Justice needs to urgently review this case and make recommendations for improvements to the Governor and the Government."

Responding to the Chief Justice's subsequent confirmation that he will conduct a review, Mr. Moniz said: "I'm pleased to hear it. There are lessons to be learned from these difficult cases and we should be able to do them better. At each level we can improve what we do — the Police, the prosecution, the judge and the jury. The only way to learn lessons is to look at all the aspects."

The issue of prosecutors being unable to appeal "no case" rulings made by judges has been the subject of public concern in Bermuda before. The restrictions were highlighted in the case of murdered 17-year-old tourist Rebecca Middleton, when they stopped the Privy Council the highest court of appeal for Bermuda from overturning the controversial decision of a judge to throw out a murder case against one of the accused.

Rebecca's mother, Cindy Bennett, has backed calls for changes in the law. However, the Progressive Labour Party opposed Mr. Barritt's proposed change in the law in 2007, with Junior Justice Minister Michael Scott saying the plan made dangerous inroads into the rights of defendants not to be unfairly pursued by the prosecuting authorities.

The law has already been changed in the UK both to abolish double jeopardy where there is strong new evidence, and to allow such appeals against judges' decisions.