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Cherie Booth defends court system

A top human rights lawyer representing Rebecca Middleton's family says the botched legal case does not reflect the general "high standard" of Bermuda's judicial system.

In an exclusive interview with The Royal Gazette, Cherie Booth QC - wife of British Prime Minister Tony Blair - put into context her critical comments in Supreme Court over legal blunders that allegedly let two suspects evade justice.

Rebecca, 17, from Canada, was on vacation in Bermuda when she was raped and stabbed to death in 1996. Ms Booth is representing the Middleton family in pressing the court for the unsolved case to be re-opened. She argued this week that Kirk Mundy, 31, and Justis Smith, 28, should be charged with sexual assault, abduction and torture since earlier attempts to try them for murder were bungled.

Highlighting the "huge amount of concern" the matter has caused in Bermuda and Canada, Ms Booth told Chief Justice Richard Ground: "We say the issue at the heart of this case is whether the court can put right a grave wrong and ensure that finally justice is done, not just for Rebecca and her family but also for the integrity of the judicial process here in Bermuda."

Her damning remarks were beamed around the world, along with an admission by a lawyer for the Director of Public Prosecutions later in the hearing that the Middleton family has "suffered great injustice."

However, Ms Booth, 52, told this newspaper last night: "I think everyone agrees that what happened in the Middleton case is unique and that in general there is a high standard of justice here in Bermuda."

She explained she got involved with the matter after being approached by Middleton family supporter Dr. Carol Shuman, and subsequently being instructed by Kelvin Hastings-Smith of Bermuda law firm Appleby.

The particular history of Rebecca's case is "unique" she said, but also raises legal issues "of general importance" about repeat prosecutions. However, she steered clear of comment on whether Bermuda should follow in the footsteps of England and Wales and abolish the ancient 'double jeopardy' legal principal barring a person being tried twice for the same crime.

"The question of double jeopardy here in Bemuda is entirely up to the Government and people of Bermuda," she said in response to questions.

She was happier to talk about a relaxed holiday period spent on the Island ahead of the high-profile case. Ms Booth arrived on April 7 with three of her four children, Nicholas, Kathryn and Leo. They have been hosted by Bermudian barrister and magistrate Justin Williams in Tucker's Town.

"I always enjoy my visits to Bermuda and I have many friends here, and even the 'British weather' has not affected my highly enjoyable family holiday here which ended last Friday. Since then I have been working on the case," she said.

This is the latest in a series of trips Britain's "First Lady" has made to the Island in recent years. She was joined on holiday here in 2004 by her husband, and Mr. Blair was spotted by the British press this January enjoying a fishing trip on Mr. Williams' yacht off Palm Beach. That sighting prompted fresh rumours that the pair plan to buy a holiday home in Bermuda.

However, Ms Booth has a reputation for being protective of her family's privacy, and shied away yesterday from confirming or denying those rumours.

She leaves the Island today, and in the short term other commitments mean she will not return to hear Chief Justice Richard Ground deliver his judgement in the Middleton case in around three weeks.