the Kirk Mundy case.

Attorney General Elliott Mottley said yesterday that the appeal was going ahead and would be lodged shortly. He refused to comment further.

It could take months before the appeal is heard, and it is possible that the hearing might not start until 1999.

The move comes after the Court of Appeal ruled last week that Mundy, 23, should not now face a charge of murdering Canadian teenager Rebecca Middleton.

The three-judge court made the ruling on Thursday, rejecting the previous decision by Chief Justice Austin Ward that Mundy -- who is already serving five years after pleading guilty to accessory -- should face trial.

One of the judges, Mr. Justice Edward Zacca said in allowing the appeal, that the below court was in error.

During the appeal hearing, Mundy's lawyer, Saul Froomkin QC, argued that there had been an abuse of process when Mundy was indicted on a murder charge via a voluntary bill.

Mundy had originally agreed to testify against Justis Smith, 18, who was charged with murder soon after the death of 17-year-old Ms Middleton at Ferry Reach, St. George's, in July, 1996.

Yesterday Mr. Froomkin had no comment to make on the Attorney General's decision.

Mundy is currently serving a total of 21 years in prison, five for accessory and 16 for a series of unrelated offences.

COURT OF APPEAL COA