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Lawyers defend inquiry

Bermuda claimed last night that people had a right to be disappointed that it was not solely an inquiry into the murder of Rebecca Middleton.

In an exclusive interview with The Royal Gazette , Bermudian lawyer Shirley Simmons said she was not surprised people had been venting their frustration about The Commission of Inquiry's role.

She said: "People did believe that this was a Middleton inquiry. Subsequently they have come to realise that its much wider than they perceived it to be.

"I honestly believe they were led to believe that. I can't blame them.

"But somewhere there was a change in the playing field -- I don't know why and I don't know who was responsible. I know initially when they first started talking about it, people were led to believe it would be on that case.'' The inquiry began on Monday when commission chairman Justice Stanley Moore, Ms. Simmons and former British deputy chief constable Don Dovaston were sworn in.

However, as of last night, only one witness -- former Attorney General Saul Froomkin -- had given evidence in the hearing, leading to allegations of poor organisation and lack of direction.

Most of the criticism concerns the commissioners' terms of reference, which does not specifically mention the murder of 17-year-old Rebecca in July 1996.

This is despite the fact that the inquiry was sparked by the botched investigation and prosecution of two men accused of her killing, which led to an inquiry and criticism from Bermuda's highest court, the Privy Council.

To date, nobody has been jailed for her murder and no explanations have been given.

But yesterday, the commissioners said they appreciated the strong feeling about the death of the Canadian teenager, but said concerns that the inquiry was woolly or lacking in direction were unfounded.

Lawyers defend serious crime inquiry Mr. Justice Moore said all commissioners' inquiries, which are normally held in private, start off slowly, but pick up pace as they go.

And he said it was impossible for them to begin the process of the inquiry, including organising witnesses, until they had been sworn in.

He could not promise that all of the questions regarding Rebecca's murder would be answered during the probe, but said the public had nothing to fear and promised that the month-long inquiry would be beneficial to Bermuda.

He said: "Rebecca's father, Mr.(Dave) Middleton, has primarily said that his main interest is that any mistakes that took place during the course of the Middleton case are not repeated.

"We are looking at all procedures here, not just those used in the Middleton case.

"We have got an open mind and we will cross the Middleton bridge when we come to it.

"We are looking at a number of issues, will study them and come back with findings and possibly recommendations.

"People should see results in the long-term.'' They promised that victims of crime would be better cared and catered for in future, as a result of the inquiry, and said it could lead to much more far reaching improvements than people anticipated. But they said people had to be patient and believe in the commissioners, who are getting acquainted with the problem issues on the Island and absorbing background material and information.

The commissioners appealed for people with an opinion on the handling of serious crimes to come forward and either give evidence at the hearing or submit it in writing.

But they said they understood that some people may want to remain anonymous and said they would accept written anonymous statements, provided they were not personal attacks on people.

The chairman said Barrister Richard Hector, who has been brought in to marshal the hearing and present the evidence, could act as a legal representative, free of charge, for anyone wishing to take to the stand.

And he added that they could even tell him the questions they wished him to ask them while they were testifying.

This afternoon, Police Commissioner Jean-Jacques Lemay is set to give evidence, followed by detectives.

Also set to appear at some stage is Director of Public Prosecutions Khamisi Tokunbo and members of his prosecuting team, along with a representative from the Chamber of Commerce.

The commissioners have already met with Mr. Lemay and Mr. Tokunbo and have collected a number of files and documents they believe could be relevant to the inquiry.

However, it was still unclear last night as to whether or not former Attorney General Elliott Mottley and former Police Commissioner Colin Coxall, who were both in position at the time Rebecca was killed, will appear.

They are both overseas and the commissioners only have the power to subpoena witnesses who are on the Island. However, they can write and invite people to testify.

Both men have said they would consider coming if asked, but as of yesterday, the commissioners would not say when they would be writing the letters of invitation.

Last night, Rick Meens, who is the father of Rebecca's friend Jasmine, and who lives in St. George's, where the girls were staying at the time of the murder, appealed for the commissioners to act quickly.

He said: "The inquiry is only on for a month and these men will have to book flights and make arrangements to get here. The letters of invitation should have been sent straight away.'' Mr. Dovaston added: " The long-term and more broad inquiry will assist the criminal process in Bermuda far more than any individual case.'' CRIME CRM MURDER MUR