the wake of the Privy Council ruling that Justis Smith cannot be tried again for the murder of Rebecca Middleton.

Bermuda Bar Association President Richard Hector said this type of case was so rare that the law should be looked at very carefully before it is amended.

Mr. Hector, speaking in a personal capacity, was reacting to comments from Acting Director of Public Prosecutions Bill Pearce, who said he would be strongly recommending to Attorney General Dame Lois Browne Evans that the law be changed.

The Privy Council ruled on Monday that the Crown can only appeal on questions of law, not mixed law and fact.

Mr. Smith's lawyers succeeded at the Privy Council in having an acquittal ordered by trial judge Vincent Meerabux reinstated after the Crown persuaded the Court of Appeal to order that Mr. Smith be retried.

The Privy Councillors stated that even if a trial judge erroneously ruled there was no case to answer, an acquittal was final and could not be challenged by the Crown.

Mr. Pearce said he would be recommending a change in the Court of Appeal Act because the Privy Council ruling severely hampered the ability of the Crown to appeal against alleged miscarriages of justice.

Mr. Hector said: "I haven't read Mr. Pearce's comments, but I was told what he said.

"I don't remember any situation like this happening before and it is very rare, so I would caution about looking very carefully before doing that (changing the law).

"The underpinning behind that legislation is double jeopardy and it seems a bit unfair that a person should be tried again.''