Rebecca Middleton’s killers could finally be brought to justice under changes being proposed by the One Bermuda Alliance.The party’s submission to the UK’s Foreign and Commonwealth Office on the British Overseas Territories calls for Bermuda to follow the UK’s lead in relaxing the double jeopardy rule which prevents someone being tried more than once for the same crime.“Just as the [Stephen] Lawrence family finally saw justice this month, so too can the Middleton family see Rebecca’s killers be brought to justice,” states the OBA’s submission.In 2010, Bermuda relaxed the legal principle only for murder cases but the changes were not made retroactive due to concerns that it would be against the Constitution to do so.Now the OBA is proposing that the double jeopardy provision in the Constitution be removed for cases where new and compelling evidence arises.“The One Bermuda Alliance proposes that the prohibition against double jeopardy contained in section 6(5) of the Constitution be removed in cases where new and compelling evidence arises. Specifically, the Constitution must allow a legislative regime comparable to part 10 of the Criminal Justice Act 2003 (UK),” the submission states.The submission goes on to state that the UK regime “was inspired by the brutal killing of Stephen Lawrence in 1993.”“Mr Lawrence was killed in a racist attack. Five suspects were originally arrested. Charges in respect of three were later brought to court but were dismissed on the basis of weak identification evidence.“Later forensic evidence emerged linking these suspects to the original murder, and two were found guilty following a retrial at the Old Bailey in late 2011/early 2012.”And it says that the Middleton case “very much follows a similar trajectory” to the Lawrence case. “The Canadian teenager Rebecca Middleton was brutally raped and murdered while on vacation to Bermuda in 1996. Two suspects were initially arrested.“The charge for murder against one suspect was wrongly dismissed, while the other suspect, who received a five-year sentence to being an accessory after the fact following a plea bargain, should have faced more serious charges. At no stage during the original investigation or prosecution were sexual assault charges considered.”The submission notes that, in 2006, the DPP had considered, but decided against laying fresh charges of sexual assault against the two suspects citing legal principles.And it says that legislative changes which relaxed the double jeopardy rule for murder or premeditated murder were a “step in the right direction”.The OBA submission states: “In our opinion, limiting this to murder and premeditated murder is insufficient and these provisions should be extended to cover a wider scope of serious offences, including sexual assault.“Furthermore, despite being sound policy and reflecting best practices in the UK, we have concerns as to whether this section would withstand constitutional challenge.“It is for this reason that the One Bermuda Alliance has recommended a relaxation of the rule against double jeopardy.”The OBA’s submission on crime also calls for giving the prosecution a right to appeal against a judge’s ruling and acquittal directions to the jury.“With the exceptions of cases of murder and premeditated murder, decisions by judges to direct a verdict of acquittal or to exclude important pieces of evidence cannot be challenged.“Even legally unsound decisions cannot be challenged. Together with the prohibition against double jeopardy, the practical consequence is that individuals who may pose a risk to the community can never again be brought to justice for certain offences.”