I do not intend to comment on the Rebecca Middleton murder, this has been documented sufficiently in newspapers and on the web.
The investigation and handling of the case is a sad indictment on the island and an example on what many believe to be incompetence. Playing 'police officers' at the expense of others is a distasteful game.
The trial was a farce, so much so that the judge directed an acquittal of the defendant; Smith.
What may be less well known is that the appeal to the UK Court by the Bermuda Attorney General's department was unsuccessful...
BERMUDA - Crime - Practice - Right of appeal - Submission of no case to answer upheld - Defendant acquitted on judge's direction - Appeal against judge's decision - Whether involving question of law alone - Whether Court of Appeal having jurisdiction to entertain appeal - Court of Appeal Act 1964 (Laws of Bermuda, 1989 rev), s 17(2)
Smith v The Queen
PC: Lord Steyn, Lord Hope of Craighead, Lord Clyde, Lord Hutton and Lord Millett: 28 February 2000
Attorney-General of Bermuda had no right of appeal under s 17(2) of the Court
of Appeal Act 1964 against the trial judge's decision to direct an acquittal
on the ground that the defendant had no case to answer, since the ground of
appeal did not involve a question of law alone.
Appearances: John Perry QC and Elizabeth Christopher (of the Bermuda Bar) (Simons Muirhead & Burton) for the defendant; Sir Godfray Le Quesne QC and William Pearce QC, Acting Director of Public Prosecutions, Bermuda (Charles Russell) for the Crown.
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