Former Police Commissioner Colin Coxall will not be returning to Bermuda to give evidence at the probe into serious crimes after his request for immunity from civil action was ignored for six weeks by Government.

Mr. Coxall, who was head of the Police force when Canadian teenager Rebecca Middleton was murdered in 1996, gave his undertaking to appear as a witness at the public inquiry, provided he was given special immunity by Government.

He made the demand after being advised by the Association of Chief Police Officers in Britain not to give evidence overseas without being assured of his legal position first.

His request was made to the Governor's office in July and passed immediately to Attorney General (AG) Dame Lois Browne Evans, but, as of yesterday -- almost two months later -- she had not replied.

Last night, The Royal Gazette was told that both Mr. Coxall and the commissioners heading the inquiry into the handling of serious crimes on the Island had reached a stalemate.

Mr. Coxall, who is this week in the West Indies on business, will not come to Bermuda, or agree to meet the commissioners elsewhere, until the immunity is in place.

Chairman of the inquiry Justice Stanley Moore said it was not in the remit of the commissioners to offer such an indemnity.

That, he said, was in the hands of the Government and had already been discussed at length.

Deputy Governor Tim Gurney last night said he had passed Mr. Coxall's request on to the AG when it first arrived, but had not received a full response as to Mr. Coxall's legal position.

AG Dame Lois Browne Evans was last night off the Island and unavailable for comment. Whether or not Mr. Coxall needed a special immunity deal to protect him from civil action is unclear as nobody from the Attorney General's chambers contacted him or the Governor's office to explain what the position was.

Last night, Mr. Coxall was unable to be contacted, but he said on Friday that he had sent a "fullsome'' reply to the invitation to attend.

Coxall will not give evidence Yesterday Mr. Moore said along with that reply was a copy of a two-page hand-written citation, which Mr. Coxall alleged had been written by former Governor Lord Waddington.

In it, it says that support for Mr. Coxall's appointment as Police Commissioner within the United Bermuda Party, which was the Government at the time, was "precarious'' from the outset and that the opposition party tried to "undermine his work and tried to stir up racial hatred against him''.

As a result of the claims made in the document, Mr. Moore said it would be submitted as evidence to the inquiry.

Mr. Moore said: "It does not appear that Mr. Coxall is coming.

"Much correspondence has been passed between Mr. Coxall and the commissioners during the past few days, and prior to that, between Mr. Coxall and the Deputy Governor.

"The short of it is that Mr. Coxall has been asking for a number of conditions, which he demanded be made before he came -- the most important one that he wanted immunity from civil suit.

"It's only the Government that is in a position to do that. I cannot speak for Government or the decision they have taken, but I know they have been aware of his demand.'' The chairman said Mr. Coxall had also said he would be unable to attend the inquiry for the next three weeks due to business commitments. The deadline for the commissioners to conclude their report is mid-September.

Mr. Moore said Mr. Coxall said he had "no comment'' to make on the suggestion that the commissioners flies out to meet him elsewhere.

Last Tuesday, the father of Rebecca, Dave Middleton, gave evidence at the inquiry and asked why Mr. Coxall had not been invited.

Mr. Middleton believes the former chief of Police could hold vital information as to why investigators and prosecutors allowed one of the two suspects in her murder to plead guilty to the lesser charge of accessory after the fact.

As a result, Kirk Mundy received just a five-year sentence for his part in the rape, torture and brutal stabbing of 17-year-old Rebecca, despite forensic evidence later showing that he played a major role.

His friend, Justis Smith, was acquitted of her murder after Puisne Judge Vincent Meerabux deemed there to be insufficient evidence -- a decision later labelled "astonishing'' by the Privy Council.

Last night, Mr. Middleton urged the Government to think again and put any measures in place to ensure Mr. Coxall would attend.

He questioned why the AG's chambers had taken so long to respond to the request.

He said: "I'm very disappointed. They should have granted Mr. Coxall immunity because he really is the last piece of the jigsaw.

"I think he would have something to say that I and the people of Bermuda want to hear.

"You would think they would want to get to the bottom of this issue once and for all. It makes you wonder what the reasons are for refusing to grant it.

"He wants to appear, so why stop him. He could well hold the key.'' Colin Coxall: The former Police Commissioner gave his undertaking to appear as a witness at the public inquiry, provided he was given special immunity by Government.