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OBA links Middleton case to London’s Lawrence murder

Rebecca Middleton

The successful prosecution of a notorious “cold” murder case in England highlights why Bermuda should continue to push for justice for Rebecca Middleton, according to campaigners.The One Bermuda Alliance told the British Government in a document made public last week that Bermuda should change the law to allow the Middleton case to be reopened.The OBA highlighted how, earlier this month, justice campaigners in London celebrated after two men were convicted of the racially-motivated killing of innocent black teenager Stephen Lawrence. The 18-year-old was stabbed to death at a bus stop almost 19 years ago.The original police investigation was botched and charges were dropped on the basis of weak evidence. However, police continued to scrutinise the case and subject it to fresh DNA analysis using the latest methods.This eventually led to fresh evidence which allowed two of the original suspects to be convicted of murder earlier this month after a retrial, and jailed.According to former Bermuda Police Commissioner Colin Coxall, the Lawrence case demonstrates why it is time for a fresh review of the Middleton case; yet he fears there is no “public conscience” in Bermuda to achieve that.“The original investigation into the murder of Rebecca Middleton was riddled with errors, undermining attempts to prosecute those responsible for her barbaric murder and rape.“There were serious and fundamental errors made by the Department of Public Prosecutions in Bermuda and the trial judge at a later trial,” he told The Royal Gazette.Mr Coxall headed the police when 17-year-old Canadian tourist Ms Middleton was killed in 1996. He feels the case was cast aside after initial serious mistakes, when it should have been subjected to continuous review.“The similarities between the Stephen Lawrence case in the UK and the Rebecca Middleton case in Bermuda are startling. Both were at the threshold of a most promising life. The big difference between the Lawrence case and the Rebecca Middleton case is that the UK press and public and police never gave up,” he said.“The racial murder of Stephen Lawrence in the UK was, as Justice Treacy described, a ‘murder that scarred the conscience of the nation’. The same outpouring of public conscience cannot be said for Bermuda.“In Bermuda it is only the tireless efforts and campaigning by Carol Shuman for justice for Rebecca and her family, with some assistance from The Royal Gazette, that has kept this appalling murder in the public conscience.”In 2010, the Bermuda Government changed the Court of Appeal Act so if that fresh evidence, such as DNA, comes to light after a failed prosecution, then prosecutors can apply for a new trial.Previously, the historic principle of “double jeopardy” meant no one could be tried a second time for the same crime.However, Attorney General Kim Wilson and Junior Justice Minister Michael Scott said Bermuda’s Constitution meant the law change would only affect new cases going forward.They said the Constitution barred the new legislation from being made retroactive, although critics questioned whether that was correct.Former Attorney General Phil Perinchief told this newspaper at the time: “I have combed through the relevant parts of the Constitution and Criminal Code and I don’t find anything that says this law can’t be retroactive.“Quite frankly, I think they are making it up only to buttress an untenable political position. They don’t want to be seen to be pandering to a lot of the white people who are pressing to have the Rebecca Middleton case reopened.”In its submission to the British Government, the OBA said the Constitution does indeed contain a prohibition against double jeopardy and this should be removed to bring Bermuda in line with the UK, which has no such bar.“Just as the Lawrence family finally saw justice this month, so too can the Middleton family see Rebecca’s killers be brought to justice,” it suggested.Mr Coxall said he was doubtful whether there really is a Constitutional bar to reopening the case, but the question could easily be resolved by prosecutors.“All that really needs to be done is for somebody to ask the court to rule on it,” he noted. “I do think they should ask [Chief] Justice [Richard] Ground what is the law in the Middleton case.”Referring to the double jeopardy principle, which dates back hundreds of years, he added: “Murder is murder and antiquated laws that are used as a shield to protect vile criminals guilty of the most appalling cases of rape and murder should be removed to allow justice to prevail and make those responsible accountable for their crimes.”Dr Shuman said: “I agree with Mr Coxall that such action would be logical and preferable. Perhaps Government should seek an opinion.”Rick Meens, who was hosting Ms Middleton on her vacation when she was killed, applied to the European Court of Human Rights (ECHR) for a full review of the case two years ago. He asked the court to find Bermuda and the UK guilty of failing in their obligations to respect the human rights of the teenager and her family.He took the decision after several unsuccessful and expensive attempts by the Middleton family and supporters to get the Bermuda courts to reopen the case. He is yet to hear whether the ECHR will review the case.Dr Shuman said of the decision to go to the European court: “Richard Ground has had the case in front of him now three times. I rather think the issue should go above him. I don’t blame him or hold him responsible but I think it needs to go to a fresh face.”