Michael Brian Pitcher were told yesterday that it is immaterial which of the two men actually made the fatal blow.

The two admitted breaking into the home of 69-year-old Ireland Island resident, Beatrice Simons back in December 1997, but neither takes responsibility for her murder.

Both Eberly and Pitcher are appealing their murder convictions and their eight and a half year sentences for the burglary.

Crown counsel Peter Eccles in the Court of Appeals yesterday explained that it was the Crown's case that the two men were "a joint enterprise'' and that as such it doesn't matter which of them actually struck the blow which killed Mrs. Simons.

Mr. Eccles argued that sufficient evidence was led in the original Supreme Court case, to allow jurors to decide whether the two men were a joint enterprise or whether one acted completely independently.

On Monday defence lawyer Saul Froomkin held that there was no case to answer because there was no evidence proving which of the two men beat the 69-year-old grandmother in the back of her head.

He contended that his client, 32-year-old Pitcher, had admitted plotting and executing a burglary of Mrs. Simons' home but that that did not make him responsible for the murder.

Lawyer Mark Pettingill is representing Eberly in the appeal.