Lawyer and Opposition MP John Barritt last night urged the commission into serious crime to pursue to the bitter end the failed investigation into the murder of Rebecca Middleton.

The Shadow Legislative Affairs Minister spoke out after The Royal Gazette reported that Friday's hearing was suddenly halted during a top detective's testimony into the handling of the Middleton case, and, in particular, the plea bargain which resulted in a suspect evading a murder charge.

When the inquiry reconvened after lunch, the subject was not touched on again, with many questions about the handling of the prosecution still unanswered.

The Commission of Inquiry into serious crimes was to be the only way the people of Bermuda could discover the truth behind the collapse of the Middleton case after the Governor and Government failed to order a specific inquiry.

But on Friday, friends and family of Rebecca said they feared the truth would never be told because of the obvious switch in the line of questioning.

The question they wanted answering was who agreed to offer suspect Kirk Mundy a deal of a lesser charge, that of accessory after the fact, before test results had been returned, and why? However, the three commissioners said on Friday they had no mandate in their terms of reference to conduct an inquiry into any particular case.

UBP: Commission should pursue Middleton case decide how to deal with issues of the Middleton case when they came up.

Mr. Barritt has already called for the commissioners' terms of reference to be changed to allow them to deal with the Middleton investigation in full.

Last night he said: "What better way to consider the process of the prosecution of serious criminal offences, of the gathering of evidence, and the relationship between the Police investigation and the decision to prosecute, than to examine a specific, particular case, which has been brought to the commission's attention by a senior Police officer? "I believe the community will be outraged if the Commission shuts down any investigation of the Rebecca Middleton case.

"We all know that the cry for this inquiry arose out of the Rebecca Middleton case.

"We in the opposition thought the terms of reference were broadened to include any other cases people wanted to bring to the commission's attention, not to shut out investigation of the Rebecca Middleton tragedy and travesty.'' Rebecca, 17, from Belleville, Ontario was on holiday in Bermuda with her teenage friend Jasmine Meens when she was raped, tortured and stabbed to death in Ferry Reach in July, 1996.

The girls were staying with Jasmine's father, Rick Meens, at the time.

Two suspects were arrested a week after her death. Justis Smith was charged with her murder, but subsequently acquitted after Puisne Judge Vincent Meerabux deemed there to be insufficient evidence. His decision has since been labelled "astonishing'' by the Privy Council, Bermuda's highest court.

Kirk Mundy admitted to having consensual sex, with a condom, with Rebecca and was offered a lesser charge, that of accessory after the fact, in return for information and a guilty plea.

However, at that point DNA test results had not been returned and tests by the Government analyst were found to be wrong.

Expert evidence proved that it was probable that two people had been involved in Rebecca's murder -- one person to hold her down, while the other used the knife to inflict torture wounds.

But Mundy only received a five-year sentence for his part in Rebecca's death.

Mr. Barritt added: "I can only imagine what her parents, family and friends must be thinking -- indeed the entire Canadian community -- as the case and inquiry have been the subject of national press in Canada.

"Surely we don't want them thinking and saying Bermuda not only botched an horrific murder case -- which the Police do not regard as an unsolved murder -- but they could not even conduct a simple inquiry?'' After the hearing on Friday, barrister and marshal for the hearing Richard Hector would not be drawn on why the hearing was suddenly adjourned or how successful it would be on drawing information out about the Middleton case.

He said: "I believe that the commission will do the best job that they possibly can, but I think they will be forced to conduct themselves within the limits of the terms of reference.

"It's clear what they (Governor and Government) wanted (from the mandate), but is it enough and is it what people wanted to see, I don't know?'' Outraged: John Barritt