The bungled handling of the Rebecca Middleton case should warn everyone in Bermuda’s justice system that “it only takes a moment’s inattention or foolishness for things to go terribly wrong,” said Chief Justice Richard Ground.

No-one has ever been convicted of the rape and murder of the 17-year-old Canadian, who was on holiday in Bermuda when she met her death in 1996. Mr. Justice Ground yesterday rejected an application from Rebecca’s father that fresh charges should be considered against two men suspected in the case.

Kirk Mundy and Justis Smith were arrested days after the killing, with Mundy claiming to have had consensual sex with Rebecca. Mundy said he found Smith killing her when he returned from washing himself in the sea.

Before Police completed forensic tests, prosecutors accepted Mundy’s guilty plea of accessory after the fact — meaning he knew a crime had been committed and assisted or sheltered the offender — while Smith was charged with premeditated murder. Mr. Justice Ground said yesterday that this decision by prosecutors at the time was made “astonishingly, given the circumstances”.

In October 1996, Mundy was sentenced to five years behind bars for the accessory charge.

Although new forensic evidence later came in that cast doubt on Mundy’s version of events, and led to him being charged with murder along with Smith, the Privy Council ruled in 1998 that this prosecution could not go ahead.

Later that year, Smith went on trial for premeditated murder, but Judge Vincent Meerabux ruled there was no case to answer. The judge’s decision was described as “astonishing” by the Privy Council, but it said it was not legally possible to overturn the decision.

Giving his views yesterday, Mr Justice Ground said: “I believe that, since these matters, the administration of justice in Bermuda is in a much better and healthier condition, at all levels.

“But we should never get complacent, and, as this case demonstrates, it only takes a moment’s inattention or foolishness for things to go terribly wrong.

“It does no harm for those of us involved in the administration of justice to be reminded of that from time to time.”

Attorney General Philip Perinchief was in court for the ruling yesterday.

He told The Royal Gazette afterwards: “This highlighted the shortcomings of the prosecution and the judiciary in this case, but like the Chief Justice said, once we are now aware in the way that we are aware of these shortcomings, we certainly can address them.

“As long as I am Minister of Justice and Attorney General in this country, we will always strive to put justice first, and that’s apart from the tragic consequences for the Middleton family, to whom I offer my sincere condolences.”

Tomorrow morning and evening[NOTE]sun[\NOTE], a documentary made by national Canadian TV channel CBC will air, documenting Rebecca’s family’s fight for justice.

The programme will be available for viewing online on Monday at www.cbc.ca/sunday