Open mike: Rebecca Middleton

Another chance to talk about a subject of your choice.

First comment sets the topic for debate. If you ask a question, please give your own thoughts on the subject too, even if it's in a subsequent comment. And if you've been lucky enough to set the subject in a recent open mike, please give someone else a chance to do so this time.

» Smoking Gun says: "As the end of 2005 approaches I just realized that July 3rd, 2006 will be the 10th anniversary of the horrific rape, torture and murder of Rebecca Middleton. We must challenge all of Bermuda to remedy the travesty that has been done by our country in failing to fully prosecute and bring to proper justice the two "known" culprits... This is a black mark in Bermuda's history that must be resolved not only for the family and friends of Rebecca but for any Bermudian who is truly concerned about the youth of our country and their future."

Comments

[Smoking Gun on 28.12.05 at 08:21]

As the end of 2005 approaches I just realized that July 3rd, 2006 will be the 10th anniversary of the horrific rape, torture and murder of Rebecca Middleton.

We must challenge all of Bermuda to remedy the travesty that has been done by our country in failing to fully prosecute and bring to proper justice the two "known" culprits. We must challenge our leaders to fix this wrong.

I honestly believe that for as long as this terrible crime goes unpunished it will stand as a reminder to our youth that even if they get caught doing the most heinous crimes they just may get away with it.

This will not go away on it's own. There must be a resolve to bring justice. To prove we as a people will not allow such crimes to be escapable, wether against a young visitor or a young Bermudian. This is a black mark in Bermuda's history that must be resolved not only for the family and friends of Rebecca but for any Bermudian who is truly concerned about the youth of our country and their future.

[Full Fullish on 28.12.05 at 09:23]

SG- I couln't agree more with you. At no time in my life was I absolutely ashamed to be a Bermudian as that period. I was actually in support of the boycott at the time and for a few months my national pride took a nose dive. Even to this day, I still get pretty steamed when talking about this tragedy. This was a HUGE indicator that our justice system was failing misreably, and in my opinion not much has been done to remedy it. I believe that John Barrit fought to get rid of the Double Jeopardy laws (Which I find completely ridiculous). It's clear we have gotten away from right and wrong and now justices has turned into a game of "who can find the best technicality". We know who did it, we know how it was done and we can't bring the people to justice cause of a scew-up in due process. That's just wrong.

[Raptor on 28.12.05 at 09:29]

There shouldn't be a statue of limitations or any other sort of complication on a murder charge. And murder with torture and sexual violence is on an even more despicable level.

[loki on 28.12.05 at 09:33]

"I believe that John Barrit fought to get rid of the Double Jeopardy laws (Which I find completely ridiculous)."

The laws are not completely ridiculous, but they are outdated and in need of an overhaul. The amendments that were proposed by John Barritt would not, if my recollection is correct, have helped in the circumstances surrounding the Middleton case, as it is my understanding that his proposal was to remove the double jeopardy rule where new evidence emerged that could not have beem reasonably obtained for the original criminal proceeding. The decision to allow Mundy to plead to being an accessory after the fact was a matter of sheer incompetence and did not result from evidence that could not have been reasonably obtained prior to the plea.

I would agree to an amendment such as that proposed by John Barritt, but not to a complete removal of the double jeopardy rules altogether, as this would reward police incompetence and potentially leave criminal charges hanging over the heads of innocent parties for years and years.

[Full Fullish on 28.12.05 at 09:48]

Loki - "I would agree to an amendment such as that proposed by John Barritt, but not to a complete removal of the double jeopardy rules altogether, as this would reward police incompetence and potentially leave criminal charges hanging over the heads of innocent parties for years and years."

True, but how it currently is we are rewarding the criminals instead. In almost any case, police incompetence will come up if there was any (And there was a lot in this particular case), we can always admonish the ones responsible for this, however with the current system we can't touch the criminals. I agree with you that the law should be rewritten to protect the innocent and punish the guilty.....

[loki on 28.12.05 at 10:16]

One thing that desperately needs to be changed is the law that has allowed Justis Smith to walk free after the trial judge directed the jury to acquit him on the grounds that he had 'no case to answer'. To begin with, the judge's decision was, frankly, bizarre. I remember the occasion well: the trial had attracted a lot of attention within the legal community and one morning, word hit the street, so to speak, that Mr. Justice Meerabux would be delivering his ruling with regard to the defence's submission of no case to answer. The courtroom was packed out with nosy lawyers (of which I was one, I'll confess). I doubt that anybody in that courtroom aside from the judge believed that he would uphold the defence's submission, but it became clear as his ruling progressed that that was exactly what he was going to do. What was even worse was that it was obvious that the basis of his ruling was fundamentally wrong. As I looked around at my fellow lawyers, I could see that virtually all of them had this slightly stunned look of disbelief. Not only could we not believe that he was going to uphold the defence submission, but it was amazing that he was going to uphold it on a completely bogus basis.

As most people know, the Crown appealed the trial judge's ruling all the way up to the Privy Council, without success, despite the fact that the Privy Council stated that the trial judge's ruling was 'extraordinary'. The law needs to be changed to allow the prosecution to appeal rulings of mixed fact and law, not just rulings of law.

One more thing, slightly off topic: during the hearing in which the trial judge made his ruling, I'll never forget the disgusting and contemptible sight of one of the defence attorneys - at the point when it became clear that Justis Smith was going to walk - casually clipping his fingernails whilst Rebecca Middleton's parents sat less than ten feet away. Unbelievable.

[Two Cents on 28.12.05 at 10:25]

Does anyone know what ever happened to the Rebecca Middleton Memorial Scholarship ??

When the Scholarship first started, I along with other DJ's, musicians, and entertainers held a fundraiser to help collect funds for this scholarship which I felt was an excellent way to keep Rebecca's memory alive. Our fundraiser was relatively sucessful and we raised approx $9000.00 which we turned over to the scholarship fund. I remember one recipeient being acknowledged but I haven't heard of anyone since, does anyone have anymore info on this? I wouldn't mind holding another fundraier if the Scholarship was still in place.

[SmokingGun on 28.12.05 at 10:29]

"There shouldn't be a statue of limitations or any other sort of complication on a murder charge. And murder with torture and sexual violence is on an even more despicable level." - Raptor

You bring up a very important point and I agree completely. I certainly hope there is no such statute, is there? The fact that there was kidnapping, rape and torture involved is it not possible to bring those charges against them even though they didn't have a so-called "case to answer" as the judge ruled on the murder charge?

Loki - I could not imagine what it must have been like in that court room that day. If she were my child I think I would have flipped out if I'd seen a defense lawyer act in such a callous manner.

[Full Fullish on 28.12.05 at 10:41]

Loki - "One more thing, slightly off topic: during the hearing in which the trial judge made his ruling, I'll never forget the disgusting and contemptible sight of one of the defence attorneys - at the point when it became clear that Justis Smith was going to walk - casually clipping his fingernails whilst Rebeca Middleton's parents sat less than ten feet away. Unbelievable."

Man that's just sick! I hope the defense lawyer rots in his/her own personal hell for that one!

As bad as it sounds, I for one was truly hoping that both Smith and Munday suffered from a really bad "accident" after the justice system failed so miserably.

[hotspur on 28.12.05 at 12:08]

Are these two animals still hanging around the streets of Bermuda?

[loki on 28.12.05 at 12:37]

"Are these two animals still hanging around the streets of Bermuda?"

Well, Mundy's Jamaican, so I'd imagine he's back in his native country unless he's still banged up in Westgate? I think he's still in prison, but not for the Middleton matter - a robbery for which he actually got a longer sentence. Justis Smith certainly was still in BermudA, as I believe that he went on trial for stabbing a woman a couple of years ago.

[jbhvt on 28.12.05 at 13:11]

In plain English, what went wrong? I know there are lawyers on this board and I'd like to know what exactly happened, and by whom, to let these two excuses for men to walk free of murder, torture, and rape. ("Free" being a relative term because one of them served a trifling amount of time...woo hoo...).

And 1 guess as to who the fingernail-clipping defence attorney was...probably the same one who used to be an associate at the firm on Reid Street (green building--near Chancery Lane). He used to troll the shallows for bottom feeders so I was never surprised at who he turned up representing.

[SmokingGun on 28.12.05 at 13:38]

Two Cents - that sounds like a great thing you did. If there is a scholarship fund still going and you organised another event I'm sure there would be many who would be happy to show up for it. I certainly would.

Does anyone know if there has ever been a formal apology made to the Middleton family by the Bermuda Government or even the British Government over the handling of this sad affair?

[RedOnion on 28.12.05 at 13:42]

"Are these two animals still hanging around the streets of Bermuda?"

Mundy did his "time" for the Middleton case, but is still doing time for an armed robbery conviction. For that he got 16 years, although my guess is that he will be eligable for release fairly soon.

Last I heard Justis Smith was either on remand or incarcerated for another assault on a female, a pattern he seems to have a liking for.

I am sure that I read somewhere that it is possible in theory to lay fresh charges against these two for crimes committed in connection to the Rebecca Middleton case, i.e. rape, unlawful detention etc. Why the authorities haven't done that yet escapes me.

[Two Cents on 28.12.05 at 13:43]

Check out

http://rebeccamiddleton.org/_wsn/page5.html

It's a history of letters wriiten to different Gov't personell (from the Governor down), it's interesting that there has been no action really taken by any of the recipients (check out the "c.c" list as well).

[ace on 28.12.05 at 13:53]

I was living in Toronto at the time this all happened and like Full Fullish I was completely embarassed to be a Bermudian after the verdicts came down.

I put away all of my "Bermuda" T-shirts and avoided telling people where I was from for almost a year.

It was a travesty of justice that seems to continue on this island. I just read that some pedophile grandfather who molested his grandaughter was given PROBATION in today's RG after being found guilty. PROBATION!!???!! WTF?

Something is wrong, very wrong, with our justice system.

[loki on 28.12.05 at 14:29]

"And 1 guess as to who the fingernail-clipping defence attorney was...probably the same one who used to be an associate at the firm on Reid Street (green building--near Chancery Lane). He used to troll the shallows for bottom feeders so I was never surprised at who he turned up representing."

No, not him. Actually, I can't see him doing something like that at all.

"In plain English, what went wrong? I know there are lawyers on this board and I'd like to know what exactly happened, and by whom, to let these two excuses for men to walk free of murder, torture, and rape."

OK - let's deal with them in turn. This is simplified, but is basically correct to the best of my knowledge:

1. Mundy - in my opinion, complete incompetence, coupled with a desire to get the case closed as quickly as possible in order to stem the tide of bad publicity surrounding Bermuda. Mundy maintained that he had consentual sex with the victim and that, after he had done so, he walked down to the nearby beach, washed his groin area and returned to find Smith 'punching' Rebecca. As he got closer, he realized that Smith had a knife and was actually stabbing her. The prosecution (Mottley/Tokumbo) accepted his story without waiting for proper forensic reports to come back from the US (if I recall correctly, these were reports from Michael Baden, Henry Lee and Valerie Rao). Mundy was charged with being an accessory after the fact (assisting Smith to flee the scene and dispose of the murder weapon). After Mundy pleaded guilty and was sentenced, the forensic reports came back and made a very strong case that there had to have been more than one person involved in the murder (one person stabbing with the knife, whilst another held the victim). Once Mundy had pleaded guilty and had been sentenced, it was impossible to then jointly charge with with murder along with Smith. The decision to allow Mundy to plead guilty to the lesser charge before the forensics were back was absolutely extraordinary.

2. Smith - the judge made a mistake, pure and simple. He accepted the defence submission that there was no case to answer. In this context this means that, once the prosecution had presented all of its evidence, the judge concluded that the evidence - viewed in its best possible light - was insufficient for any reasonable jury to convict Smith. This was, to say the least, an unbelievable decision. In ruling as he did, the judge made the fundamental mistake of considering each piece of the prosecution's evidence in isolation, rather than viewing it as a whole. For instance, the fact that Smith was seen leaving the general area of the murder on the night in question is not sufficient grounds to convict him of murder. The fact that a knife missing from a butcher block in Smith's mother's kitchen matched the knife found in the water in the area Mundy told the police they'd find the murder weapon is not sufficient grounds to convinct him of murder. The fact that Smith was identified as having traveled out of St. George's on a motorcycle with the victim, heading towards Ferry Reach is not sufficient grounds to convict him of murder. But, if you take those three pieces of evidence and present them together, we start getting a bit of a different picture, don't we? That is what the judge should have done, but he didn't. He looked at the individual pieces of evidence in isolation and then said there was no case to answer.

The next problem lies in Bermuda's system for criminal appeals, which only permits appeals of judge's rulings on purely legal issues, not factual issues and not mixed legal/factual rulings, which the judge's ruling was.

Well, that's it in a nutshell, I think.

[Bill Cook on 28.12.05 at 14:41]

It is a misnomer to refer to " a justice system "
In reality it is a legal system that often has little to do with JUSTICE per se'

Clarence Darrow said " I can promise you the law but I cannot promise you justice"

We cannot even promise you the law actually.

Our litany of legal travesties goes back some time and as I came here in the late 50s the infamous Murder Mile murders were committed.

Several women in the Warwick area were most brutally murdered and raped.

Two women were murdered within a few houses apart, Dorothy Pearce 59 raped and beaten to death and Gertrude Robinson 72 also raped and beaten to death, between March and May of 1959.

Police had a suspect but no one was ever charged.

Then there was Margery Wade a 34 year old teacher from Berkley Inst.who was beaten to death and then raped. March of 1975

Young Cynthia De Silva 17 yrs old was shot in the back on Dundonald St from a car.

In each of these cases Police had a suspect but the crimes remained unsolved today.

I think it is fair to judge a community by how it deals with those seen to get away with murder in my opinion.

There are a lot of unanswered questions about the Middleton case and the information released to the public was incomplete,in my opinion.

The extent of the injuries etc the policewoman who found the victim alive and left the scene etc.but one thing is certain this case will never be forgotten and will be brought up repeatedly over and over again.

A tv documentary was done that in and of itself was a travesty considering the people chosen to be interviewed for the report, that video is available for sale.

[SmokingGun on 28.12.05 at 14:54]

Thanks Two Cents. I checked out some of the letters. It is incredible that the families and friends of Rebecca had to write to so many people and yet they have gotten nowhere. I guess the idea of an apology is not likely to have happened. They don't even seem to get a simple show of compassion through an answered letter.

I see they are not particularly keen on litigation and all the mess it might bring up and I can certainly understand how they feel but I'm kind of thinking screw that, sue. Sue the Bermuda Government, sue the court system, sue anyone who aided in getting these guys off. If Smith has gone on to stab another woman then I would suggest she sue as well. I'm not a lawyer but if the Middleton's are not up to litigation then I would hope someone could figure out a way to do so on their behalf and for the safety of all of Bermuda.

If OJ Simpson can get away with murder but still be sued for "cause" and be forced to pay millions then couldn't these guys and anyone else who's actions have protected them?

[hotspur on 28.12.05 at 15:10]

Just visited the rebeccamiddleton dot org website and it just wants to makes you shake your head in disgust.

What can be done to put more pressure on the Governor to exercise his powers and do the right thing? What could possibly be the reason he hasn’t done anything to date? It's bewildering. Is this a political issue?

Surely Bermuda gains to win from getting some form of justice from this shambles? It doesn’t make sense.

[Tiger Bay on 28.12.05 at 15:15]

As opposed to: http://www.aruba.com/holloway/index.htm

[SmokingGun on 28.12.05 at 15:26]

Tiger Bay - What more can be said? Unbelievable. That is as clear as one can get. It is utterly shameful that our leaders have allowed this to continue on the way it has. Not just Bermuda's but Great Britain's as well.

As Bill Cook puts it: "I think it is fair to judge a community by how it deals with those seen to get away with murder in my opinion." This is so true.

If I were running this country I would be very scared to read the papers on July 3rd 2006 if nothing has been done by then.

[Full Fullish on 28.12.05 at 15:39]

Loki - "The prosecution (Mottley/Tokumbo) accepted his story without waiting for proper forensic reports to come back from the US "

Um, is this the same Tokumbo that was recently our DPP? Was he DPP at the time? If not how in the hell does someone either get that position, or retain that position after such a F*ck up?!?

[Bill Cook on 28.12.05 at 15:49]

FF

Thats an easy one !

BECAUSE THE PEOPLE TOLERATE IT

Its really that simple.

[hotspur on 28.12.05 at 15:56]

Well, let's not tolerate it. Lets help the family and friends of Rebecca out.

Can't we get as many people as possible to hold regular protests/demonstrations outside the Governor’s mansion during the run up to the anniversary? This would at least get local awareness/support rekindled. Surely there would be many in Bermuda willing to support this.

Didn’t NBC Dateline do a piece on this some years ago? Wouldn’t they be interested that absolutely nothing had been done in 10 years (particularly given the high profile Aruba incident this year).

Maybe the 10 year anniversary would be interesting to other news organizations like the BBC or CNN.

It seems that the powers that be just want this to quietly disappear. Many of us would be willing to help ensure that the exact opposite happens.

[Full Fullish on 28.12.05 at 16:04]

Bill Cook - Yeah I know, it's was more of a comment than a question.....

Well I can honestly say, Not me, not anymore.

I'm tired of this case having no resolution. I'm tired of hearing about travesty after travesty.
I'm tired of people, who by all reasons of the laws of natural selection should have been killed off or eaten, being promoted.
AND I'm tired of being led by these afore mentioned people.

[jbhvt on 28.12.05 at 16:10]

Loki, thanks for the information. What, in your opinion, was up with the Judge? Early-onset Alzheimer's?

[Tiger Bay on 28.12.05 at 16:17]

"Um, is this the same Tokumbo that was recently our DPP?"

Yes. He's now a Magistrate. The Magistrate who let the admitted child molester walk on probation last week.

Feel safe?

[SmokingGun on 28.12.05 at 16:18]

"It seems that the powers that be just want this to quietly disappear. Many of us would be willing to help ensure that the exact opposite happens." - Hotspur.

I concur.

If anyone thinks this could not happen again they are sadly mistaken. It is just a matter of time if we as a people continue to show as much apathy as they have to this case. As has been pointed out by others, there are a lot of unanswered questions as to exactly what happened and as to why this has gone on for so long. And there are other cases that remain unsolved that should be re-opened.

Let's face it, Bermuda has it's share of low lifes who think they can steal not only one's innocence but their lives as well. They need to be brought down and ridden from our streets. If we continue to let criminals get away with all the crap they do today then we are heading for a sorry state of affairs.

By really getting behind this case and bringing it to it's rightful closure, with absolute conviction, then Bermuda's leaders could get alot of people off their backs. It would go a long way to show a commitment to making sure Bermuda's future will be handled properly.

We have a new Top Cop. We have a new Drug Czar. We have a Premier who wants to showcase Bermuda as an independent country. Well if that's on the agenda then they had better clean out the closets before anyone will take this country seriously. Even it's own people.

[jbhvt on 28.12.05 at 16:28]

Does Bermuda still have the same attorneys and judicial officers that let these guys go free? If so, that's a real problem.

[loki on 28.12.05 at 16:39]

"Loki, thanks for the information. What, in your opinion, was up with the Judge? Early-onset Alzheimer's?"

I don't have a clue. Criminal law certainly wasn't his speciality, but the mistake that he quite obviously made was such a basic one that it's difficult to see even the greenest rookie making it. Don't get me wrong, Mr. Justice Meerabux was generally a decent judge and, certainly, the most compassionate and humane judge I've ever appeared before (he was very obviously choking back tears as he delivered his ruling in the Middleton case, which says a lot about his humanity, and also a lot about his integrity, in that he was doing what he believed the law required him to do, regardless of his personal feelings). I daresay that, if he had noticed the defence attorney clipping his fingernails, he would have gone through the roof.

[silencedogood on 28.12.05 at 16:50]

He may be a fine fellow, but if your assesment that even the greenest rookie shouldn't have made the mistake is correct, as it appears to be, this judge shouldn't be on the bench.

I would take a competent, but dispassionate person, or even a competent jerk over an incompetent, but humane guy anyday when it comes to the legal system.

In a way, if he was so broken up it makes me a bit more distressed that he did not search harder within the law for the correct ruling. What type of standard does he abide by for non-critical cases if the rulings are so poor in an important one?

[loki on 28.12.05 at 16:59]

"He may be a fine fellow, but if your assesment that even the greenest rookie shouldn't have made the mistake is correct, as it appears to be, this judge shouldn't be on the bench."

The mistake that I believe he made was very uncharacteristic and I certainly would not characterize him as in any way incompetent. Mr. Meerabux was extremely intelligent (indeed, fearsomely so), very well-read and very knowledgeable in a variety of fields of law. He sadly died three years ago and, whatever errors he may have made in this particular case, Bermuda lost a great legal mind, I assure you.

[SmokingGun on 28.12.05 at 17:08]

Can a judge, when faced with such a situation, be allowed to refrain from making a judgement and kick it up to a higher court? Does our system allow for such? It must have been difficult decision to make and I assume he did have enough wits about him to know his decison would be considered extraordinary if not unbelievable. Does our system have any stop gaps that will help prevent such mistakes being made in the future?

I realize that once Mundy "confessed" and was willing to testify against Smith that the DNA proved he was a liar. Smith's lawyers could then use that against Mundy's testimony as the eye witness saying he's just continuing to lie. Was this a catch twenty-two that ultimately got Smith off?

[loki on 28.12.05 at 17:16]

" realize that once Mundy "confessed" and was willing to testify against Smith that the DNA proved he was a liar."

The DNA didn't prove he was a liar. He admitted to having consenual sex with Rebecca, so it was no surprise that his DNA was found. The pattern and type of injuries, as well as the placement of the body, strongly suggested that two people were involved in the murder, however.

[jbhvt on 28.12.05 at 17:17]

"Can a judge, when faced with such a situation, be allowed to refrain from making a judgement and kick it up to a higher court? Does our system allow for such?"

Under U.S. law a judge can recuse himself from a case--don't know if British Common Law allows for this or not. Seems like it should have with the Middleton case.

Still, I think the lawyers for Mundy and Smith were quite smart (or smarmy) and knew how to play the system for these jokers. It was up to the judge to stop the circus and he didn't. Sad.

[Bill Cook on 28.12.05 at 17:21]

The greatest problem with the law as it applies in this case is that when so called learned men (or women) make a complete and total BOLLOCKS of such an important murder case there is such little recourse to correct it apparently.

Certainly the double jeapordy law was proven to be a Horses Ass of a law, makes Dickens comment by the appropriately named Mr Bumble that "THE LAW IS A ASS" very fitting.

The actions of magistrates to use their discretion by letting "SOME" Paedophiles walk free for example and sentence others to 25 years (life used to be 20 yrs) is quite frankly Fucking Nuts in my opinion.

I mean Little Connie Furtados murderer and rapist got released after 15 yrs as I recall, what was that all about ?

There are truly times when I think I am in the Nut House and the craziest bastard is driving the bus !

[SmokingGun on 28.12.05 at 17:27]

Loki - You are correct. He did state it he considered it to be consensual. Thanks for clarifying that.

jbvt - Thanks as well. I would hope that a judge would be allowed to recuse him/herself.

And as you say, he should have stopped the circus. Well the circus is still in town and I hope someone's going to make sure these clowns get their comeuppance.

[jbhvt on 28.12.05 at 17:37]

The facts are that Rebecca Middleton was raped, sodomized, tortured and left to die, alone and in severe pain, in the middle of the road. I think about these details whenever I hear about this case and it makes my blood boil, particularly now that I am the mother of a baby girl. I can honestly say that I don't know how her family copes with this situation. If it were me, I would have hired a contract killer to dispense with those two in a more vile manner than Rebecca's demise. So I give them credit for being more forgiving than I could ever hope to be.

[loki on 28.12.05 at 17:41]

"I realize that once Mundy "confessed" and was willing to testify against Smith that the DNA proved he was a liar. Smith's lawyers could then use that against Mundy's testimony as the eye witness saying he's just continuing to lie. Was this a catch twenty-two that ultimately got Smith off?"

Mundy was not used as a witness. Once the forensics came back, the prosecution realized that his evidence was of no use. The evidence presented at trial was completely independent. The witness that placed Smith on the same bike as Rebecca driving from St. George's to Ferry Reach was actually the guy that drove Jasmine Meens (Rebecca's friend) home to Flatts. Another two witnesses saw a bike of the same description, with two males on it and a scrap of clothing tied over the licence plate, leaving Ferry Reach after the murder. One of those witnesses gave a positive ID.

[SmokingGun on 28.12.05 at 18:02]

"I think about these details whenever I hear about this case and it makes my blood boil" - Ditto.

Loki - So effectively the prosecution's case was shot from the get go once the forensics came back showing two people must have been involved. And there was no way they could still have introduced Mundy's testimony in the hopes that his stating he returned to see Smith "punching/stabbing" Rebecca? He'd already admitted to being an accomplice. If the judge was going to break it down piece meal then maybe the prosecutors could have done the same and avoided the double jeopardy.

Again, I'm not a lwayer, so go easy on me if I'm being too simplistic here. :)

[loki on 28.12.05 at 18:13]

"Loki - So effectively the prosecution's case was shot from the get go once the forensics came back showing two people must have been involved."

Not at all. There was ample evidence against Smith independent of Mundy, which is why the judge's ruling was considered so extraordinary.

[SmokingGun on 28.12.05 at 18:30]

Well that's what I was getting at. Can the trial judgement be reviewed at this later date and be over-ruled by anyone? Can someone call for a new trial? And if not, is there any other legal recourse that could be used?

I mean, for the sake of two worthless jerks, our whole country is looking pretty bad right about now. You have to wonder if our leaders are just clueless or callous, or both.

Sorry Loki, but you're the legal mind here and once I get going I like to learn as much as I can. Thanks.

[loki on 28.12.05 at 18:42]

"Can the trial judgement be reviewed at this later date and be over-ruled by anyone? Can someone call for a new trial? And if not, is there any other legal recourse that could be used?"

The whole issue has already been conclusively determined by the highest court of appeal, the Privy Council. The law in this area is well-settled: in criminal cases, prosecution appeals only lie with regard to questions of law alone, not questions of fact or mixed questions of law and fact. Until the House of Assembly change this, there's nothing anyone can do about it.

[jbhvt on 28.12.05 at 18:48]

Loki, since you've stated that it was out of character for Justice Meerabux to make such a decision, and since he died a few years back, may I ask what the good judge died of? I thought I heard rumors of him not being "all there" at the end but I could be wrong. At any rate, one must question why such a learned mind would make the decision he did if he was of sound mind.

[SmokingGun on 28.12.05 at 18:57]

Thanks Loki. So if a petition were gathered to the House of Assembly they could change the law or introduce a new law that could address this type of issue. Could this be retro-active?

Maybe it's time we call for a "Becky's Law" in Bermuda.

[Full Fullish on 28.12.05 at 19:43]

Smoking Gun - "Thanks Loki. So if a petition were gathered to the House of Assembly they could change the law or introduce a new law that could address this type of issue. Could this be retro-active?"

Interesting....Loki, does Bermuda have an Expo Facto clause for new laws here?

[Bill Cook on 28.12.05 at 19:58]

Please correct me if I am wrong.

At this point in time there is no requirement to prove that a magistrate or judge has passed a sanity test ?

In fact there is to the best of my knowledge NO REQUIREMENT IS MANDATORY.

We want drug testing mandatory but not SANITY !!

How smart is that ?

Seriously now it is my opinion that the sanity of some in that position have questionable mental ability.

Surely if drug testing is desirable and I think it, is is not sanity moreso ?

The more I think about this Middleton case, the more I believe something serious was amiss.

It could be due to many things even drug abuse or alcohol abuse etc but as there appears to be no checks and balances we shall probably never know.

Bermuda or The Isles Of Rest will soon be known and deservably so, as The Isles Of No Accountability.

The apologists for our despicable behaviour will ensure it be so.

[jake on 28.12.05 at 20:11]

The prosecution (Mottley/Tokumbo) accepted his story without waiting for proper forensic reports to come back from the US (if I recall correctly, these were reports from Michael Baden, Henry Lee and Valerie Rao). - Loki

Loki,

Can we please add Colin Coxall to the list of people on the deal for Mundy? We can add his lawyer too if you like, who was not an associate, but was indeed from the Green Building.

My own complaint lies with the Police and the AG's chambers (and NOT with Mundy's lawyer) because it was their duty to wait - there was no reason not to do so.

I believe that the reason this thing was so screwed up was because of a rush to get a result because of how high profile the case was. If it had been treated in a sober manner, we would have had two convictions for murder, and a safer society as a result.

I am not as familiar as loki with the events of the trial, but I do know and agree that the Judge was in most things a learned and fair man. I could never quite wrap my head around his decision though, but it should not stand as a marker to his memory. He was a good Judge.

[F*&^ed-off- with-the-usual-s*&^ on 28.12.05 at 20:13]

to add to the list of unsolved cases, lets not forget the wife of Mike Meredith.