The family of Rebecca Middleton, a Canadian teenager murdered on holiday here 11 years ago, looks like it will have to take its fight for justice to Europe after the court here today dismissed an application to have the case re-looked at with a view to pressing different charges against the chief suspects.

Ms Middleton's family were devastated with the outcome of the case against Kirk Mundy and Justis Smith in 1998. Mundy struck a deal and was charged with being an accessory after the fact and got five years. Smith was acquitted due to lack of evidence.

But the family has never given up hope of getting justice for their daughter.

Last year, Rebecca's dad David made an application to see if the Director of Public Prosecutions would consider pressing sex assault charges against Smith and Mundy. She said no.

Mr. Middleton attempted to challenge that decision last month bringing in Cherie Booth QC.

In today's ruling though, Chief Justice Richard Ground, made it very clear that while he sympathizes with the family, he cannot interfere with the DPP's decision because she made the right decision in law.

He said: "There is a general principle against double jeopardy [trying people more than once for the same crime], and one aspect of that is a rule of law that all charges arising out of the same circumstances must be joined in the same indictment, unless there is good reason for not doing so. A judge is obliged to stay a second or subsequent indictment where this rule is not observed."

Mr. Ground continued: "A good reason for not joining all the charges in one indictment would be where the law or established practice forbade it. Prosecutorial error or oversight is not a good reason.

"Nor does an unjustifiable failure to comply with the rule as to joinder open the door to a balancing of the potential defendant's rights against those of the victim or others affected by the crime."

Mr. Ground said this rule is "well-established and straightforward" and that it is not "permissible for me to ignore or modify it."

He continued: "It would require legislation, or possibly the intervention of a higher court, to change it...

"The DPP was, therefore, right in her assessment, although she expressed herself incorrectly.

"That means there are no grounds on which I can interfere with the exercise of her discretion, and accordingly I dismiss the application.

"I appreciate that this will be a disappointment to the applicant and other members of Rebecca's family, for whom I feel a great personal sympathy, but I have to declare the law as it is."

More to follow.