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Battle this week in Privy Council over Smith re-trial

A London-based barrister is to represent the Crown in its next battle over the murder of Canadian teenager Rebecca Middleton.

Sir Godrey Le Quesen QC is to appear, with acting Director of Public Prosecutions William Pearce as an "honoured observer'', before the Privy Council as they argue that a re-trial of murder accused Justis Smith should go ahead.

They will appear opposite Smith's defence team, John Perry QC and local lawyer Elizabeth Christopher, who won the right for a Privy Council hearing, believing that the Bermuda Court of Appeal was wrong to order the re-trial.

The hearing, before five Law Lords, is scheduled for Wednesday and Thursday this week.

Another Bermuda appeal against the murder convictions of Teiko Furbert and Sheldon Franks will also take place.

Franks and Furbert were imprisoned for life in 1997 after being found guilty of the murder of James Cyrus. They were granted a Privy Council hearing after the Court of Appeal rejected their appeal.

Appearing for the Crown is Senior Crown counsel Peter Eccles, with Mr. Pearce observing.

Acting for Furbert is John Perry QC with Ms Christopher, and appearing for Franks is Saul Froomkin and Mark Pettingill.

The Privy Council is expected to reserve judgment on both cases. The Smith hearing is the latest chapter in the case, which dates back to July 1996, when 17-year-old Rebecca was found raped, tortured and stabbed to death at Ferry Reach in St. George's.

Smith was charged with murder. But a trial over a year ago was abandoned after Puisne Judge Vincent Meerabux acquitted him, citing a lack of evidence and an abuse of process.

Later last year, the Court of Appeal decided Mr. Justice Meerabux was wrong and ordered a re-trial, a decision which the defence team successfully argued should be examined by Bermuda's final court of appeal.

Smith was recently released on Police bail after officers raided his Pembroke home in connection with drugs offences.