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Governor to meet Smith over Middleton case: Possible public inquiry into

Governor Thorold Masefield will meet Premier Jennifer Smith and other Cabinet ministers today to discuss holding a public inquiry into the handling of the Rebecca Middleton case.

The parents of the murdered 17-year-old Canadian schoolgirl and the United Bermuda Party have backed calls for an inquiry into the prosecution of the case.

Last week the Privy Council in London ruled that Justis Smith, 21, could not be re-tried for the murder after Puisne Judge Vincent Meerabux ruled there was no case to answer.

Only one person has been convicted in relation to the July 1996 murder - Kirk Orlando Mundy who was jailed for five years in October 1996 after pleading guilty to being an accessory after the fact.

A final decision on whether to hold a Board of Inquiry into the case rests with the Governor, but he would be unlikely to approve such a move until he has held detailed consultations with the Premier.

The possible inquiry will be discussed at a meeting of the Governor's Council, a standing body of Cabinet Ministers which advises the Governor on matters which are exclusively within his remit or which cross into Government responsibilities.

The Council convenes about four times a year, but the meeting has been pulled forward to discuss the Middleton case and other pressing business.

The Royal Gazette revealed last week that senior Police sources close to the original investigation have blamed the Attorney General's Chambers for the failure to achieve a successful prosecution.

Top officers were not consulted before the Crown accepted a plea from Mundy to being accessory after the fact. The plea was taken before Police had completed forensic tests.

DNA tests later revealed that Mundy's semen was found inside the body of the teenager, who was stabbed to death at Ferry Reach.

Several factors are understood to weigh against holding a full board of inquiry.

The inquiry would not have authority to compel overseas residents to give evidence. The Attorney General at the time, Elliott Mottley lives in the Bahamas and the then Commissioner of Police, Colin Coxall, has returned to England.

In addition, both the Police and the Attorney General's Chambers have been restructured since then.

Deputy Governor Tim Gurney said yesterday: "The Governor is meeting the Premier and relevant ministers in the near future to discuss the possibility of holding an inquiry in the Middleton prosecution.

"The final decision is for the Governor, but he would want to seek the view of the Premier and chief law officer, the Attorney General.

"The Governor's Council meeting has been pulled forward a bit because there are a number of items of business the Premier and Governor want to discuss together.'' In a statement, the Premier said: "A Board of Inquiry is within the purview of His Excellency the Governor, and Government House is on record with the Deputy Governor saying, some time ago, that the Governor would wait until all legal avenues had been explored before considering such a view.'' Mr. Gurney refused to reveal what other items will be on the agenda for today's meeting.

Governor Masefield