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New AG looks to bolster justice system

Photo by David SkinnerPhil Perinchief reads the oaths at Government House yesterday.

A change in UK law that could allow previous suspects in the unsolved murder case of Rebecca Middleton to be brought back before the courts is to be looked at by new Attorney General Philip Perinchief.

A change in the double jeopardy rule under British law, which came into effect in 2005, allows suspects involved in serious crimes, including murder and rape, to face a second trial if there is fresh and compelling new evidence.

Such a radical change may be considered by Bermuda as part of an assessment of the Island's judicial system.

Canadian teenager Rebecca Middleton was brutally killed in 1996 at Ferry Reach, St. George's, but no-one has been convicted of her slaying.

Justis Smith was acquitted in 1998 on the order of the judge who said there was no case to answer, while Kirk Mundy was convicted of being an accessory after the fact. A new legal move is being considered this week by Chief Justice Richard Ground that may re-open the case.

In the meantime Attorney General Mr. Perinchief says the new administration of Premier Ewart Brown is pushing ahead with its own investigations into possible ways of strengthening and updating the Island's judicial legislation.

He is aware of the change in the UK's double jeopardy rule that now allows suspects to be re-tried.

"We will be looking at any innovations that bring justice to the country," said Mr. Perinchief, who added the current application for leave to issue judicial review proceedings against the Department of Public Prosecutions' decision last March not to review the Rebecca Middleton case, was being watched "without prejudice."

Asked what he thought about how Bermuda is perceived overseas, such as in Canada, in relation to the unsolved murder case, he said: "Not withstanding the views of the world we have justice as a hallmark of the new administration. We will explore every avenue to see that justice is served."

United Bermuda Party house leader John Barritt has had previous bids to consider a review of the double jeopardy rule rebuffed by Government. But is encouraged to hear the new AG hint that changes to UK law in relation to double jeopardy will be reviewed.

He said Bermuda would not be "leaping into the wide blue yonder" because the new legal framework was working in the UK and added: "I'm pleased if the Attorney General says he is going to review the double jeopardy rule."

And Mr. Barritt is to send Mr. Perinchief a letter detailing a proposed amendment to Bermudian law he says could be made in a very quick and straightforward manner giving prosecutors the same rights as defence lawyers to seek an appeal where a defendant has been acquitted on a matter of fact and law.

Mr. Barritt's suggestion to amend the Court of Appeal Act was made to the previous AG Larry Mussenden but did not find favour. "I'm going to dust that letter down and send it to the new Attorney General. I understand from some of those on the Government benches that there might be reconsideration and support for something like this," said Mr. Barritt. "I really do think the time has come, not just with the Rebecca Middleton case but others, where we need to modernise our laws. There's so much that can be done with DNA evidence now that can lead to new prosecutions as well as acquittals."