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January 09, 2009, 05:11:53 PM

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76421 Posts in 4156 Topics by 861 Members Latest Member: - Gazza Most online today: 45 - most online ever: 66 (June 14, 2007, 11:37:46 AM)

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Author Topic: Canadian Show Aims To Shed Light On Rebecca Middleton death  (Read 3219 times)
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SmokingGun
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« Reply #30 on: November 10, 2007, 05:06:09 PM »

Yes indeed Reality. The higher you get the more political it becomes. As I said - this rocked everyone sideways - even those at the highest levels. It's hard to fault someone wanting to resolve a case when they have suspects in hand willing to testify aginst each other. The issue is mistakes can happen, as has proven, that should be prevented by keeping laws up to date and current with technologies. And 11 years later with little to show for those changes is way too long. And I don't think anyone would argue with that.
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Reality
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« Reply #31 on: November 10, 2007, 05:30:47 PM »

A quote from Rebecca's father in today's RG:

"Having the laws changed to make Bermuda a safer place where victims get as much consideration as criminals would give me the feeling that Becky's death was not completely in vain but in fact did have some good come from it."

The channel W-FIVE isn't available in Bermuda but apparently local channels plan to air the show sometime n the coming week.
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« Reply #32 on: November 10, 2007, 07:42:47 PM »

Reality... my comment about Bermudians involved in the murder/investigation was in repsonse to the journalist comments about wanting to remind Bermuda about this black mark on her history. With all due respect to her, as I pointed out earlier, and Piglet also summarized... nobody will EVER forget the case or the fall out and I think that sufficient lessons have been learned. Bermuda need not be made the 'whipping boy' for a botched case when our system mirrors the Canadian and UK legal systems, and there are botched cases in those jurisdiction that have been handled just as poorly in the past. If the journalist had said that the goal of the program was to preserve Rebecca Middleton's memory or try and push for judicial reform, then I could have accepted that... the fact is that she said that she wants to 'remind Bermuda of this black mark'...

Gee thanks.

Especially when as I said, the ultimate decision-makers in the case aren't even in Bermuda anymore! Nice.
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« Reply #33 on: November 10, 2007, 07:57:50 PM »

CO - the only issue I have is with "sufficient lessons have been learned". Unfortunately I think the only lessons we as the people may have learned is the fact that there are an awful lot of shortcomings in our laws. I honestly believe that as much as everyone would love to see justice performed in Becky's case it's really moved to the issue of just getting our laws brought up to speed. And if there is one black mark that will continue be stamped on the PLP Government's legacy is that these laws have not been readily addressed and changed. Change the laws and the stain will subside.

But given the fact that they won't even upgrade laws surrounding thievery and fraud I doubt they'll get around to changing something so important as getting murders and rapists off the streets. Heck - don't want to fill up the prisons I guess. Sad

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« Reply #34 on: November 10, 2007, 09:58:14 PM »

i have only been here a few  years  but 2  non whites  cut up a white  lady  + last year a austrailian makes a silly but harmless joke  about  arsnik  + premier +GETS KICKED OF BERMUDA . i knowe whicH is the worse crime DO THIS  GOVEMENT 
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« Reply #35 on: November 11, 2007, 01:42:50 AM »

The ridiculous sentencing is equal opportunities... eg the samurai wielders from Fairylands. Not of coiurse that the chef got the luxury of a trial. Still, the priorities when it comes to law, order and sentencing can be unfathomable sometimes.
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« Reply #36 on: November 11, 2007, 02:56:19 AM »

Looks like you watch the documentary online:
http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20071107/wfive_bermuda_071107/20071110?hub=WFive

It won't open for me, but I suppose that could be a firewall issue.

I must say though, my heart stopped for a moment when I opened the page. Is that picture at the top real? I don't remember ever seeing it. What a terribly haunting image.

I was very young when it happened, but I strongly remember the real horror felt by those around me. I read everything I could find about it a few years ago - and now just thinking about it makes me ill.

As a Bermudian student in Canada, I can tell you it's still very much in the public awareness here. Someone will still inevitably raise the issue when I mention where I'm from.
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« Reply #37 on: November 11, 2007, 07:04:15 AM »

http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20071107/wfive_bermuda_071107/20071110?hub=WFive
Is that picture at the top real? I don't remember ever seeing it. What a terribly haunting image.

I'd be curious to know, too. My guess is that it's probably real, but TV stations seem to have a lower standard for making up images (and not clearly marking them "re-creation") than newspapers do.

Noel
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« Reply #38 on: November 11, 2007, 09:44:42 AM »

Looks like you watch the documentary online:
http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20071107/wfive_bermuda_071107/20071110?hub=WFive

It won't open for me, but I suppose that could be a firewall issue.

I must say though, my heart stopped for a moment when I opened the page. Is that picture at the top real? I don't remember ever seeing it. What a terribly haunting image.

I was very young when it happened, but I strongly remember the real horror felt by those around me. I read everything I could find about it a few years ago - and now just thinking about it makes me ill.

As a Bermudian student in Canada, I can tell you it's still very much in the public awareness here. Someone will still inevitably raise the issue when I mention where I'm from.

Thanks for the link Cicero, I spent a half hour this morning watching the documentary

It seems to me to be a very well well made and factual show, although damming of the Bermuda Justice System (and rightfully so). There were some good interviews with Vic Richmond, then head of CID. Shame there wasn't more on Judge Meerabux decision to "throw the case out".

A must watch for everyone!!!!  My thoughts are with the family of Rebecca...
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« Reply #39 on: November 12, 2007, 08:20:41 PM »

From the Sea-Horse's Mouth. Over at Bermuda Free Speech a well presented insider's account:

The timing of the program was excellent, and the story told very very
poignantly. I thought Dave, Rick, Cindy, and Kelvin Hastings-Smith did wonderful
jobs. I also thought that Vic Richmond should be COMMENDED for his job, and for
his GUTS to speak up, along with Bill Pearce. The many people who look out for
themselves and refuse to discuss the case should be ashamed of themselves.

There were, however, many inaccuracies, and I have worked with the associate
producer for two months trying to prevent these:

First, the charging decisions were entirely Elliott Mottley's, and had the
support of "lieutenant" Khamisi Tokunbo. No one else in the AG's office
supported those charges.

Moreover, the deal had NOTHING to do with police. Mark Pettingill made the offer
to Vic Richmond and Stuart Crockwell who delivered the message. That is all. Vic
Richmond argued with Mottley--although I have to believe not hard enough. And if
he was concerned, he should have taken his concern to Coxall, which he didn't
do. I did see questioning on the police files that showed how hard police
challenged Mundy's story. By the time Vic R. told Dave "it's the way to go," the
AG had ordered that Mundy appear in court that day, according to Dave and Rick,
who state they knew nothing about the plea until the day it happened.

THE FACT THAT MUNDY'S CASE WENT TO COURT BEFORE THE DNA CAME BACK WAS ENTIRELY
MOTTLEY'S DOING. Again, not the police. There was a problem with the preliminary
reports that the government analyst gave police; they thought because of that
report that there would be DNA of two men. However, the buck stopped with
Mottley, who admits he rushed the case based on Mundy's absurd clairm.

Moreover, Colin Coxall wanted to appear on the program; however, unless Cherie
Booth would go on camera (which she can't as a barrister until the case is over)
the network wasn't willing to pay to interview Coxall. They also did not video
conference, another option.

The decision to file the murder charges jointly was not Pearce's. It was Mottley
as a result of three very volatile meetings between Mottley's team and Colin
Coxall and his top officers.

A major point: the evidence of rape, that Becky was carried and that she was
held down all were there on DAY ONE. It was very convenient, again, to blame
someone, and in this case, the lack of a forensic specialist. Well, Dr. Johnston
performed an efficient autopsy and Dr. Keith Cunningham, who conducted the
autopsies on Sharples, etc., also confirmed sexual injuries, as did
police/prisons physician Dr. Henry Pearse.

Thus, it did not take Henry Lee to show that. However, he and Michael Baden,
along with Dr. Valerie Rao, endorsed Dr. James Johnston's findings--AFTER the
horse already was out of the barn-Mundy's plea had been taken. I see that Dr.
Johnston was not interviewed. I know that Dr. Cunningham refused. Don't know if
they found Dr. Johnston. Actually, it's my opinion (and I'm not alone) that
Mottley's sworn statement that Lee's, Baden's and Rao's evidence was "new" might
be argued. That could happen by reviewing Mottley's sworn SCC testimony, the
police records, and his sworn affidavit when the pair was charged with murder.

Both the RG and C-TV referred to the need to change double jeopardy laws. Would
be nice; however, the Bermuda government is unlikely to do that if it remains
PLP, and even if it doesn't, many countries have it--although as a UK territory,
it would be appropriate to follow its lead. However, this case, in Bill Pearce's
(and other's) opinions, DOES NOT DEPEND ON A CHANGE IN THE LAW.

Owing to the chauvinism--OH, I Loved that interviewer!!!, so well said--of
those who made the charging decisions, there were no charges of kidnapping and
rape, etc. They based their failures to file these charges on Mundy's story of
consensual sex DESPITE CLEAR EVIDENCE ON THE DAY OF BECKY'S MURDER--as LeYoni
Junos said, the best evidence was Becky herself and the wounds she suffered)...

Many years ago, Dave, Rick, and I went to meet with Kulandra Ratneser and Rick
kept asking why rape charges weren't filed (he knew.). I just thought the
failure was based on the fact that murder was more serious. As I said, Rick
knew. And it takes a long, long time, with the detail involved in this case, to
pick up the nuances of what happened. As Kelvin said, the failure was a human
rights error.

As you note, though, Amcan, the program did what it needed to do--got the
attention of a million or more viewers in Canada. And what it really did well, I
thought, was show the rage that is appropriate directed at those who have said,
"Oh well." And I would put Phil Perinchief right in that group. Not good enough
to be an arm chair quarterback re: what he would have done. (He's also a
character in my book about Becky's murder, his alleged role in the BBC, and
speculation re: the political murders, and the hangings, and the psychological
effects that were quite evident when Becky traveled in 1996).

In summary, I believe it's important for the public to understand:

The AG, not police, was responsible for the charging decisions. The program
referred to a deal by police. That was the "smoke screen" that some tried to set
up for years to get the AG off the hook. Again, it rears its ugly head. That is
incorrect.

The issue of double jeopardy that is being argued is that kidnapping and rape
are not the same as murder. They can occur separately, without murder. Thus,
some in the legal profession state that Mundy and Smith are not protected by
double jeopardy if this is taken into account.

Amusingly, I helped the producer for two months and told her they'd be the first
to get it right re: the charging errors and who was responsible. They didn't!!!!

Enough said! Just want you to know!

Best,

Sea
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drew
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« Reply #40 on: November 12, 2007, 08:32:30 PM »

I'm pretty sure the picture isn't real as the two bikes in the picture (Honda Scoopy and Peugeot Looxor) were not available at the time of the murder....
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« Reply #41 on: November 12, 2007, 08:38:06 PM »

The pics from the film's re-enactment.
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« Reply #42 on: January 24, 2008, 06:55:14 PM »

Dave Middleton and family have had to withdraw the appeal because of the financial burden - the costs were too much to bear. He expresses his hope that the efforts will at least lead to some legal reform and will not have been in vain. He really has gone further than most could ever manage or bear and he'll be in my thoughts today. I have more to say but can't find the words just now.
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« Reply #43 on: January 24, 2008, 07:17:58 PM »

talking of which............. I heard a rumour the other day - i don't tend to put much store by rumours, but i heard that Justice Smith is back in Bermuda.

Anyone know if there is any truth to this?
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« Reply #44 on: January 24, 2008, 07:28:16 PM »

All I can say is if our government doesn't do something serious about bringing the laws up to where they need to be so that this type of tragedy won't happen again then they will prove themselves to be right up there as one of the most despicable bunch of cowards ever.

My heart goes out to the Middletons.
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