A court hearing aiming to get fresh charges against two men suspected in the rape and murder of Canadian teenager Rebecca Middleton opened this morning.

James Guthrie QC, representing the Director of Public Prosecutions, acknowledged the family of the 17-year-old suffered "great injustice" through the failure of Bermuda's authorities to bring the alleged culprits to justice.

But, he said, it would be legally wrong to re-open the case against Kirk Mundy and Justis Smith, the pair arrested for the crime in 1996 when Rebecca was stabbed, raped and left to die on a remote road at Ferry Reach.

Cherie Booth QC, representing Becky's father Dave Middleton who has brought the judicial review, argued the Director of Public Prosecutions Vinette Graham-Allen was mistaken in saying the case cannot be re-opened.

And Ms Booth, a top human rights lawyer who is married to British Prime Minister Tony Blair, listed reasons why Smith and Mundy should face fresh charges of sexual assault, kidnap and torture.

She said the original murder trial against Smith was wrongly thrown out by a judge and Mundy should never have been permitted to plead guilty to a lesser charge of accessory to the crime. He got five years in jail.

When fresh evidence came in against Mundy, attempts by the Crown to have him face a murder charge were blocked by the Privy Council appeal court in London.

"Astonishingly, this is the only sentence either man has served for this hideous crime. They've expressed no remorse for the fact that Rebecca was abused, de-humanised and killed," said Ms Booth.

She argued that the DPP erred in law in making her decision not to press charges, and did not consider Rebecca's human rights.

The case continues this afternoon with Mr. Guthrie's arguments that the Director of Public Prosecutions was correct.

Becky's father, Dave, and her mother Cindy Bennett have both travelled to Bermuda from their home town of Belleville, Ontario, to listen to the case.

For in-depth coverage, see tomorrow's edition of The Royal Gazette.