Official inquiry
should be cause for great concern about the state of Bermuda's criminal justice system.
Many people may be angry with Puisne Judge Vincent Meerabux's decision not to allow the case against Justis Smith to go to the jury, but on the basis of the evidence presented, he made a reasoned and sound decision.
That decision could still be appealed and reversed, but Mr. Justice Meerabux was within his rights and if he felt the prosecution had not made its case, then he could only do one thing. It was a courageous act and the right decision.
For many, this case has been a nightmare since it began: First and foremost for the family of Rebecca Middleton, who, like everyone else, still do not know what happened on the morning of July 3, 1996 and its aftermath.
And this has surely been a nightmare for the Attorney General's Chambers and the Police Service. Charged with the investigation and prosecution of a vitally important case which had attracted a mass of attention within and without Bermuda, nothing seemed to go right from the start.
This case has damaged the reputation of Bermuda's criminal justice system.
That one of the most important cases of the decade should collapse like this shows that there were major problems in how this case was handled by the Police and the Attorney General's Chambers.
Beyond that, Bermuda has been made a laughingstock in Canada, where this case has been very carefully followed. No Canadian who has followed this case can feel completely safe to visit or take up residence in Bermuda on the basis of what has happened.
Public Safety Minister Paula Cox has said she will be keeping an open mind on asking for an inquiry pending an appeal. Regardless of the appeal's outcome, it is clear that things went badly wrong in this investigation and an official and public inquiry should be held to find out what happened, what went wrong with the investigation, and what can be done to ensure that it never happens again.
