Trouble at the DPP

She was reluctant to review the Rebecca Middleton case. The family of Shaundae Jones, whose murderer has also escaped justice, accused her of being "hostile and insensitive" to them, and questioned her decision to assign two "rookies" to their case. Several lawyers complained to Attorney General Larry Mussenden about her conduct, prompting him to admit to "a lot of unhappiness" in her department. Now Kulandra Ratneser is saying that the failure of Director of Public Prosecutions Vinette Graham-Allen to provide him with a Crown counsel during the Terrence Smith trial almost cost him the case.

"Fortunately the Police gave me officers to help," said Mr. Ratneser. "Although I didn't have a Crown counsel to assist me I had the full support of the Commissioner of Police. Without that support, I can assure you that we would never have achieved the success in this case."

Ms. Graham-Allen is due to leave her post in April next year. I get the impression that she won't be missed.

Comments

[Tiger Bay on 30.03.06 at 15:36]

Pretty much sums it up.

[Zoom on 30.03.06 at 15:47]

The web site's been down for a while, but thanks to internetz all seeing eye, you too can enjoy the glory of Terry Smith's Big House. "All the best your tax dollars could buy"

http://web.archive.org/web/*/http://www.mybermudahome.com

[Adjustah on 30.03.06 at 17:10]

Wow.

Buck Toe, eh? More like Buck(s) (S)to(l)e.

I knew the original residence when it was a hole in the ground. Pretty impressive.

[Count Zero on 30.03.06 at 18:22]

"She was reluctant to review the Rebecca Middleton case ..."

I'm no cheerleader for Vinette Graham-Allen. Frankly, I think the Public Prosecutions Department will be well rid of her. But to be fair, ultimate responsibility for the maintainance of Bermuda's legal system lies with Government House. So just check out the Middleton family's website -- three letters to Sir John Vereker have gone unanswered, three direct appeals for a review of the case went completely ignored. Not even any courtesy responses of the type diplomats and bureaucrats are so skilled at producing -- "the matter is under active consideration", etc. Sorry, but Graham-Allen isn't the only authority figure whose been sleep-walking through the Middleton matter (actually Vereker strikes me as having sleep-walked through most of his term in Bermuda -- but that's another topic entirely).

[His Excellency, Uncle Elvis II on 30.03.06 at 18:41]

Just because she isn't the only one doesn't diminish the fact that she did what she did, or didn't do what she was supposed to.

[Bald Eagle on 30.03.06 at 22:49]

The lack of concern for Rebecca's demise is a disgrace whichever way you look at it. Governer Vereker and his tea party entourage ought to get the he... out of Bermuda and let someone into his position with teeth to help this case reach a just end. Useless or what?...

[It Does Matter on 31.03.06 at 06:37]

REBECCA MIDDLETON

Why do we continue with this Rebecca Middleton foolishness? Her death has been a haunting for over a decade now. We all agreed more than 10 years ago that the outcome was improper in the circumstances. We all agreed more than 10 years ago that nobody deserves to die in that manner. We all agreed more than 10 years ago that the story was tragic at best.

But legal systems, world over, are full of instances like this. The prosecutions tactics backfire, or a supposed technicality allows an accused to be released from the clutches of their impending incarceration.

We always fail to consider how technicalities may be important to ensuring justice. Reprimanding the policeman who doesn't follow protocol. Preventing acourt from deliberately flouting its procedural rules. Preventing the introduction into evidence of prejudicial information designed to sway the jury one way or another. All these things, to some, are mere technicalities. But to others, they represent the only way to achieve justice.

May we all be partial here? Does every Bermudian have to be haunted by this nonsense?

The Privy Council said that Justice Smith may not be re-tried, and/or his acquittal may not be appealled (at any stage) because that would amount to 'double jeoporady'. Rightly so. No matter what some many believe, that's justice.

A prosecution against Kirk Mundy at this stage for the murder will probably be struck out as an abuse of process before it gets to court. This is because:

(1) Its been over a decade since the conclusion of this matter, and Mundy was investigated and involved in proceedings back then;

(2) Mundy plead to a lesser charge stemming from the incidents related to Rebecca Middleton's death;

(3) The proper practice would have been to wait for relavent information before preferring an indictment; and, among other things

(4)No longer is Mundy able to receive a fair trial in Bermuda because of the press coverage here, which is bound to have tainted the whole population, let alone the jury who will be selected.

THE DIRECTOR OF PUBLIC PROSECUTIONS

I thought it was politically immature for Venette Graham-Allen to say she would look into the Middleton trial with a view to issuing new proceedings. To some that would be a near suicidal endeavor.

I have heard that she has a very "unique" management style that doesn't go down well with her staff.

Ratneser has accused her of being near incompetent in managing major trials. Allegedly, he should have been made leader over two or so other Crown Counsel and not left with the inexperienced, legally immature Nicole Smith.

But how can any of us comment on those matters? How can we take issue with things we have no personal involvement in? How can we comment on her management style if we've never experienced it?

Ratnesers comments were improper in the circumstances. What goes on inside the DPP's office is not strictly a public matter. And it shouldn't be. If the staff at the DPP are dissatisfied -- and they have every right to be -- they may initiate a process that allows them to achieve their aims. Afterall, they're lawyers.

What the public should be more concerned with, is ensuring that the legal system (civil and criminal alike) are updated to be reflective of the modern Bermuda rather than the 1800s Bermuda or the 190Os Bermuda.

Bermuda's laws are medieval. That's the underlying problem.

[Slowhand on 31.03.06 at 06:52]

Thats right .... for shame all of you for complaining.... how dare you. Stop complaining and things will fix themselves.... leave well enough alone. Its got nothing to do with you anyway.... doesn't affect any of you in the least.

[It Does Matter on 31.03.06 at 08:21]

^ Classic example of twisting a message to reflect something it does not represent.

You should be ashamed of yourself.

[Murmur on 31.03.06 at 09:47]

Kulandra is a top-shelf prosecutor. The kind of guy that can get difficult convictions. He knows whereof he speaks as he is at the pointy end of the justice system. When he raises a serious complaint which shines a bright light into the poor state of the office of the DPP, I hope someone in government takes it very seriously. Perhaps it is time to consider whether the DPP performs a useful function or simply contributes to bureaucracy. Why not put prosecutors back under the direct control of the AG?

It is unbelievable the DPP would be willing to compromise a prosecution by refusing to commit all necessary resources called for by a senior prosecutor.

[It Does Matter on 01.04.06 at 13:23]

The AG is a political post. Therefore, to put prosecutions under his umbrella would be politically and legally improper in a democracy. There would be no 'separation of powers'.

Kulandra Ratneser is not the voice of morals. Think for yourself.

[His Excellency, Uncle Elvis II on 01.04.06 at 13:39]

Just a couple of things...

Why do we continue with this Rebecca Middleton foolishness?

That's what you call it? "Foolishness". Nice.

But legal systems, world over, are full of instances like this.

And that makes it ok?

May we all be partial here? Does every Bermudian have to be haunted by this nonsense?

Um. YES! Every fucking day. We should be CONSTANTLY reminded of this. Constantly. So that MAYBE, just maybe, another family doesn't have to go through what the Middleton's and Meens' went through, watching the man who tortured, raped, mutilated and murdered their child walk scot free with a smile on his face, to fucking cheering. Watching this man knife somebody AGAIN years later.
Yes, we SHOULD be haunted by this.
It DOES matter, It Does Matter.

...that's justice.

No, that's the justice system. That's not justice.

But how can any of us comment on those matters? How can we take issue with things we have no personal involvement in?

Um... correct me if I'm wrong, but don't they work for us? Isn't that what they do? That's pretty personal, if you ask me.

What goes on inside the DPP's office is not strictly a public matter. And it shouldn't be. If the staff at the DPP are dissatisfied -- and they have every right to be -- they may initiate a process that allows them to achieve their aims. Afterall, they're lawyers.

Remind me again what those initials stand for, wouldja?
Especially the second one.

[Raptor on 15.07.06 at 12:23]

I agree with Alvin Williams when he writes of the shocking fact that there are other deaths unsolved and unpunished, not just Rebecca Middleton’s. He points out that this is a cause of resentment.

The deaths of Mark Martin and Tyesiha Cox were horrific tragedies. Manslaughter charges might certainly be appropriate. And the Martin family suspects a cover-up in the death of his son, and that sounds likely. Alvin Williams is right to talk about the failure of Bermuda’s judicial system.

I would suggest, however, that the Martin and Cox deaths were accidents. Cause for manslaughter charges may be that the boat was speeding or driven recklessly and that the woman who hit Tyesiha was not cautious enough. What incredible heartbreak they caused.

The Middleton death was not an accident.