Allegations have been made that the Rebecca Middleton rape and murder case demonstrates weakness in prosecuting sex offences in Bermuda. Cherie Booth QC alleged in Supreme Court this week that evidence against suspects Kirk Mundy and Justis Smith meant it was wrong they never faced charges of sexually assaulting the Canadian holidaymaker.

Representing the Middleton family in a bid to achieve this now — eleven years after the 17-year-old died — Ms Booth said the history of the case showed “what we say is a culture of impunity regarding sexual offences against women in Bermuda”.

However, lawyer Charles Richardson, representing Mundy, said recent tough sentences meted out to sex attackers by the Island’s courts demonstrated the opposite. Mr. Richardson took exception to an affidavit submitted by Dr. Carol Shuman as part of the case for the Middleton family, which, he said, described “apathy and indifference towards sexual offences” by Bermuda’s prosecuting authorities.

The allegations from Dr. Shuman, a psychologist and supporter of the Middleton family, have not been read in full to the court during the case. They will, however, be considered by Chief Justice Richard Ground as part of his decision whether it is right or wrong to reopen the case against Mundy and Smith.

Rejecting this stance, Mr. Richardson pointed to recent sentences of 25 and 30 years meted out to convicted sex attackers in Bermuda’s courts. “These courts do take seriously the prosecution of sexual assaults in this country” he said.

Mr. Richardson maintains his client’s innocence of all accusations, except being an accessory to the crime against Rebecca for which he was jailed in the months after her death.