The next chapter in the Rebecca Middleton murder case is set to be heard in January.

The Privy Council in London has notified the Attorney General's Chambers that the week of January 17 has been set down to hear the appeal by lawyers acting for Justis Smith, who was acquitted last December of the murder.

Elizabeth Christopher and London-based Queen's Counsel John Perry will argue that the Court of Appeal in Bermuda was wrong to order a re-trial in the case, which dates back to 1996.

The hearing is expected to last two days and during the same week the three-judge panel will also hear an appeal against murder convictions against Teiko Furbert and Sheldon Franks.

Franks and Furbert were jailed for life in April 1997 after being found guilty of murdering James Cyrus in 1996. They were granted a hearing after the Court of Appeal rejected their appeals.

James Cyrus died after being shot in the head whilst in a house on Curving Avenue, Pembroke.

The Privy Council Registrar notified the Attorney General's Chambers last week of the likely date for the hearings.

A spokesman for the Chambers said the date was pretty certain but was not yet set in stone.

Ms Christopher and Mr. Perry won the right for a Privy Council hearing for Smith in June, after arguing successfully that the Court of Appeal decision should be examined by Bermuda's final court.

The Court of Appeal had decided that Puisne Judge Vincent Meerabux was wrong to acquit Justis Smith of murder, due to a lack of evidence and because there was an abuse of process.

They ordered a re-trial in the case, which was originally abandoned in December 1998.

Rebecca Middleton was found raped, tortured and stabbed to death, just days after her 17th birthday, at Ferry Reach, St. George's in July 1996.

Smith was arrested shortly after the murder, along with Jamaican Kirk Mundy.

Mundy later pleaded guilty to being an accessory after the fact and was sentenced to five years' imprisonment.

Attempts to have Mundy re-charged with Smith failed.

During the expected January hearing, Ms Christopher will line up with John Perry to face Senior Crown counsel Peter Eccles and possibly a Queen's Counsel from London.

Smith, 19, is currently on bail and is due to return to the Supreme Court for mention in November.

MURDER MUR