Former Attorney General Elliott Mottley has slammed the chief prosecutor in the failed trial of the man accused of the murder of Canadian teenager Rebecca Middleton.

Making his long-awaited appearance before the Commission of Inquiry into Serious Crimes yesterday, Mr. Mottley told of his concerns of the handling of the murder trial of Justis Smith and in particular the actions of Solicitor General William Pearce.

He recalled several conversations about the trial he had with Mr. Pearce including one occasion in which -- according to Mr. Motley -- the Solicitor General said he `could always blame Mr. Mottley' if he lost the case.

And Mr. Mottley, who flew in from Barbados to attend the inquiry, also dismissed previous witnesses who suggested a deal was struck to allow Kirk Mundy to plead guilty to being an accessory after the fact in return for testifying against co-defendant Justis Smith. He said there was no deal.

The former AG said that during the trial -- which ended when Puisne Judge Vincent Meerabux ruled there was no case to answer -- there were concerns over the prosecution.

"I had junior officers in the Attorney General's Chambers expressing concerns over the manner in which the case was being prosecuted,'' he said.

He added that he suggested Mr. Pearce have Principal Crown Counsel Brian Calhoun, who had many years of experience of criminal trials, to assist him, but he refused.

Later, he claimed, Mr. Pearce wanted the current Director of Public Prosecutions and at the time acting senior Crown Counsel, Khamisi Tukunbo, to help with the trial.

Police under fire -- Page 2 Mottley takes stand in crimes inquiry "It is important to find out how many murder cases William Pearce ever prosecuted,'' he said.

"The day before he closed the prosecution case I said to Mr. Pearce `are you going to call Kirk Mundy?', he said `no'. It was my view he should have called Kirk Mundy.'' Mr. Mottley said it was clear that both Justis Smith and Kirk Mundy were identified with Miss Middleton, that three people went to Ferry Reach and that only two left.

The day before Mr. Pearce was due to give his closing speech in the trial, Mr.

Mottley recalled a conversation between the two.

"I said `do you have enough evidence?', he said `yes, I do', adding `in any case, if I lose the case I could always blame you'.'' Earlier, Mr. Mottley angrily denied that any deal had been made with Kirk Mundy for him to plead guilty to accessory after the fact in return for his statement that blamed Smith for the murder.

He said that, during his tenure in Bermuda, he was aware of two cases where immunity was granted from prosecution -- adding that it could only be given by the former Attorney General or now Director of Public Prosecutions.

The Barbadian lawyer said it was wrong for people to suggest there was any deal, adding that Mundy was charged with accessory and Smith with murder on the evidence that existed in July 1996.

"It was never done with any immunity granted to anybody, it was based solely on the evidence,'' he said.

"People have said there was an immunity agreement, what I have yet to hear is "who stated the time, place, with whom was the agreement made? It is fallacy to say there was an agreement.'' Mr. Mottley said there was never any approach to him by Mundy's lawyer, Mark Pettingill, but added he was aware that he had certain hopes based on the statements his client had given.

He said that, even if Mundy had pleaded not guilty to the accessory charge, it was his intention to prosecute him in any case for the offence.