A Canadian teenager's alleged killer may not be tried until 1999.

Justis Smith appeared in Friday's monthly Supreme Court arraignment session only to discover that his wait for a trial date will continue after the Crown called for more time.

Attorney General Elliot Mottley said the Crown was appealing a Court of Appeal ruling that banned it from prosecuting Kirk Mundy on the charge of murder as well.

Smith was charged with the murder of 17-year-old Rebecca Middleton shortly after she was killed at Ferry Reach, St. George's in July, 1996.

In January Kirk Mundy, 22, was indicted on a murder charge via a voluntary bill despite the fact that he had already pleaded guilty to being an accessory after the fact and was serving five years imprisonment for the offence.

The indictment was challenged but a Supreme Court ruling gave the Attorney General the go-ahead to prosecute Mundy for murder.

However the Court of Appeal overturned the decision and said the Attorney General could not proceed with the charge against Mundy.

Now the Attorney General has to apply for leave from the Court of Appeal -- which is not resident in Bermuda -- to take the matter to the Privy Council in London.

"The Crown must wait another month before it can get the leave of the Court of Appeal,'' said Mr. Mottley. "We have applied for leave but the application will not be heard before June.'' All the Crown wanted was the chance to put all the facts of the case before a jury so the accused could have a fair trial and the interests of justice could be met, he said.

But a Privy Council hearing into the matter might not start until next year, The Royal Gazette understands.

And Smith's lawyer Archibald Warner pointed out that his client was facing two indictments, one where he was charged with murder alone and one where he was jointly charged with Mundy.

At the last arraignment session the joint indictment was stayed, continued Mr.

Warner, while a trial date was due to be set for the other indictment.

He called for the date to be set on the single indictment so Smith could get a relatively speedy and fair trial.

But Chief Justice Austin Ward adjourned the matter until July 1 when it will be mentioned.

Five people were formally charged with drug offences in Supreme Court on Friday.

Nineteen-year-old mother Loutiqua Maia Phillips of Ferrar's Lane denied importing cocaine and possessing the drug with intent to supply on December 7 of last year.

It is alleged that Phillips imported 324 grams of cocaine worth more than $89,000. She was arrested at the Airport.

Chief Justice Austin Ward, who was presiding over the monthly arraignments session, ordered Phillips to return for trial on May 11.

Allan Robinson had a trial date set for June 16 after he pleaded not guilty to importation and possession of cannabis which was intended for supply on January 17.

Meanwhile David Anthony Ray, 30, of Texas Road, St. David's, was charged with importing and possessing more than $100,000 worth of cannabis and cannabis resin with intent to supply on August 11.

Ray was allegedly arrested with 1,838 grams of cannabis and 262 grams of cannabis resin at the Airport. The street value of the cannabis totalled some $105,000.

Mr. Justice Ward extended Ray's bail and ordered him to return to court for mention on June 1 after he was informed that overseas witnesses were involved.

And a pair of Sandy's men will be tried on July 20 after they pleaded not guilty on Friday to possessing $100,000 worth of cannabis with intent to supply.

Richard Bernardo, 33, and Andrew Sheen, 34, of Mangrove Bay Road also pleaded not guilty to joint counts of handling cannabis which was intended for supply and possession of drug equipment including 920 pay type envelopes, 72 zip-lock bags, scales and a freezer fitted for the misuse of drugs.

COURTS CTS