Lawyer blasts Police
investigation into the Rebecca Middleton murder.
The lawyer, representing murder accused Justis Smith, claimed the inquiry was rooted in total inefficiency, with particular regard to the way evidence was collected in the days following the murder.
He lambasted Det. Insp. Howard Cutts over the way a search of the Ferry Reach area was conducted during the hours after the body of the 17-year-old Canadian was found.
The detective was shown exhibits including the heavily bloodstained clothes of Miss Middleton.
And Mr. Perry questioned the use of trainee Police officers for combing the area for vital clues to the horrific slaying. He also queried why certain items were left at the site for retrieval the following day.
His remarks came as the presentation of exhibits ran into problems, with items being wrongly labelled and one exhibit being sealed inside a package that could not be shown to the jury.
Mr. Perry said the retrieval of items had been wholly inefficient and asked how officers could tell what was not relevant on the day of the murder -- when suspects had yet to be arrested.
"The exercise of retrieving items was rooted in total inefficiency,'' he said. "How could you say that these trainee officers retained items that they considered to be relevant? "You couldn't know on July 3, 1996 what is or what is not relevant.
Everything should be picked up, everything should be labelled and later some things can be disregarded.'' Det. Insp. Cutts disagreed with the accusations.
He said the trainee officers were experienced enough to know what was relevant and their supervising officers were also overseeing the operation.
Items that had obviously been at the scene for some time were disregarded, whereas material that was newer was retained, he said.
Mr. Perry also criticised the officers' quick determination on where the crime scene was, when later under questioning he claimed that Kirk Mundy had said he went to Whale Bone Bay beach to wash himself.
The Scenes of Crimes officer said he disagreed.
"If a condom was found on the beach with Kirk Mundy's semen on it, do you think that would be relevant?'' asked Mr. Perry.
"I disagree,'' replied Det. Insp. Cutts.
The accusations came at the end of the second week of the trial of Smith, 19, of Deepdale Road East, Pembroke, who denies premeditated murder.
Middleton Rebecca Middleton was found sexually assaulted, tortured and stabbed to death on Ferry Road after a night out in St. George's with best friend Jasmine Meens.
Earlier during the day, before Puisne Judge Vincent Meerabux, witness Coy Fox told how he and his friends made the grim discovery of Miss Middleton's mutilated body, shortly before 4 a.m.
"She didn't appear to be anyone I have ever seen before, we got out of the car and walked up to the body. We saw blood all over her and knife wounds,'' he said.
The group -- who had driven to Ferry Reach to where Mr. Fox was camping -- went to a nearby phone to call 911. At the time they believed Miss Middleton was still alive.
"She did move when the car approached her with the lights on. She moved her head to the right, I thought her first reaction from that was relief -- that is about the only thing I can remember.'' The group of friends remained at the scene, with one of them, Dana Rawlins, trying to see if he could find a pulse on Miss Middleton, until the Police arrived.
"We waited, the girls were crying, panicking, I was sick a few times,'' he said. "I tried not to look, I tried to stay away as far as possible.'' Later the jury heard how a knife was fished out of the water to the east side of the swing bridge a week after the murder.
Bermuda Biological Station for Research scientist Struan Smith said marine organisms on the knife could have been on the blade for anything up to two weeks.
The trial continues on Monday.
COURT CTS
