DPP apologises to the Middleton family
The parents of murdered teenager Rebecca Middleton last night welcomed an apology over injustices they suffered in past handling of the case - but said it should have had happened years ago.
They were speaking after the Director of Public Prosecution (DPP) issued the apology in Supreme Court, which is hearing a judicial review into a decision by the DPP not to press new charges against suspects in her killing.
Addressing the court on Vinette Graham-Allen’s behalf, James Guthrie QC said: “The Director of Public Prosecutions accepts that the applicant (the victim’s father Dave) and indeed Rebecca suffered great injustice, and it’s a matter of very sincere regret on her part.”
No-one has ever been convicted over the brutal rape and killing nearly 11 years ago, while Canadian-born Rebecca, 17, was holidaying in Bermuda. Her parents welcomed the apology, which they said was the first they had received from the authorities, but branded it too little too late. Rebecca’s father initiated yesterday’s judicial review in a bid to overturn Mrs. Graham-Allen’s decision that it is impossible to re-open the case and press fresh sex assault charges against suspects Kirk Mundy and Justis Smith.
Mr. Guthrie is defending the DPP’s decision, saying there is nothing that can be done now. However, in doing so he acknowledged a catalogue of errors made before Mrs. Graham-Allen was in her post. These started with the Police investigation, he said, and then an error by the Crown in allowing Mundy to plead guilty to a lesser charge of accessory to the crime instead of facing a murder charge.
In addition, said Mr. Guthrie, a Supreme Court judge should never have halted the murder trial of the other suspect Justis Smith, and “with the benefit of hindsight” it was wrong that neither man was charged with sexual assault. “The applicant is entitled to say that his daughter has been badly served by what has happened so far,” said Mr. Guthrie, adding at a later point in proceedings: “We repeat, it’s a matter of profound regret, but it’s sadly the case that the only way justice could be served is if we could wind the case back to Smith and Mundy’s arrest and proceedings had taken a different course.”
Responding to the apology, Dave Middleton said outside court: “It’s good that finally, after 11 years almost, that they have recognised the fact and apologised for a complete failure.
“I think it’s just one of those things, I don’t know if I would call it too little too late. Everyone realised what the case is but they are so stubborn they won’t admit it. I guess it’s better than not apologising at all.”
Rebecca’s mother Cindy Bennett also said it was the first time she had heard the authorities say sorry. She said: “I was surprised that was the way Mr. Guthrie opened (his case). I think it was nice. It should definitely have been said before.”
She is supporting her ex-husband’s bid to have Mundy and Smith face a fresh trial. The court hearing is set to continue today.
