The family of the Belleville, Ont., teen slain 10 years ago in Bermuda received new hope Friday when a judge opened the door to the possibility of new charges being brought in the case.
Earlier this year, the family of Rebecca Middleton asked Bermuda's director of public prosecutions to revisit evidence for the purpose of bringing sexual assault charges in the case, but the director declined, stating that the same evidence couldn't be used to prosecute a person twice.
Rebecca Middleton was killed in 1996 while on a trip with a friend in Bermuda.
(Canadian Press)
Chief Justice Richard Ground ruled Friday that there was a legal basis to review the prosecutor's decision. A hearing is expected to take place in early 2007.
Middleton was 17 when she was killed in July 1996 while on vacation with a friend. She had been raped and stabbed 35 times.
Teenager Justis Smith was charged with her murder but a judge threw out the case in 1998, ruling that there was insufficient evidence. In 2002, Smith was convicted of stabbing a woman.
Another man pleaded guilty to a charge of accessory after the fact in the Middleton case; Kirk Mundy received a five-year prison sentence.
Family won't give up hope
David Middleton, Rebecca's father, met with Ground earlier this week and told the Bermuda Sun the family was not giving up hope despite all the legal setbacks.
"It takes a while, but you eventually accept the fact Becky is not coming back and that we have lost her," he said.
"But we were victimized twice: once by the people who killed her and once by the system that failed to prosecute effectively. It's almost like an attitude thing, like 'these things happen.' "
While double jeopardy applies in Bermuda, Attorney General Philip Perinchief said earlier this year he would review a recent change in British law that allows suspects in serious crimes such as murder and rape to face a second trial if there is compelling new evidence.
In July, the Bermuda government awarded $2,840 to the Middletons in compensation. The low amount caused controversy, with opposition parties demanding changes to the country's Criminal Compensation Act, which doesn't provide for compensating for pain and suffering.
The Middletons were compensated for expenses related to travel to Bermuda for court proceedings and the cost of bringing the teen's body home.
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