A man accused of being involved in the killing of Jermaine (Red) Pitcher outside the Champions night club four years ago will face a new trial this month in the Supreme Court.

Keniel Ingham, 31, of Rocklands Estate Warwick, was due to face a new trial last year after his conviction of manslaughter was quashed by the Court of Appeal, two years ago.

Yesterday, Puisne Judge Ian Kawaley ordered the trial to go ahead on September 20, with defence counsel Larry Scott representing Ingham.

The case had been repeatedly adjourned over the last two years to allow Ingham to arrange representation by Jamaican Queen Counsel Howard Hamilton. When that request was turned down, Mr. Scott secured the services of another QC, Delano St. Aubyn Harrison, who was trying to obtain a work permit from Bermuda immigration authorities.

Mr. Scott told the court that Ingham had the right to bring his counsel of choice to the Island.

Yesterday, Mr. Kawaley said the retrial must go ahead, and he pointed out it had been the third time a defence application for adjournment had been made since February, 2003.

Mr. Scott reminded the court the retrial had been repeatedly adjourned to allow Ingham time to secure funds, but Mr. Kawaley denied the defence application for adjournment.

?Bearing all circumstances in mind it would be unclear when the matter would be retried and it is not clear if leading counsel would be admitted to the bar,? said Mr. Kawaley.

Crown Counsel Juan Wolffe told the court that it was necessary for the case to go ahead as witness memories were becoming ?stale? and family members of the individuals involved were awaiting some kind of closure.

In 2002, the Court of Appeal quashed Ingham?s conviction for killing Jermaine ?Red? Pitcher, finding the jury had been misdirected during his October, 2001 trial.

Ingham, along with Ryan Ball and Jamal Robinson, denied killing Mr. Pitcher. Both Ball and Robinson pleaded guilty to manslaughter charges in the death. Ingham was found guilty in Pitcher?s death and handed a 12-year sentence, before that was overturned on appeal.

Mr. Pitcher, 27, died of multiple stab wounds after he was involved in a fight with the three men outside the Reid Street night club. Ingham told the court during the original trial he held on to Mr. Pitcher to during the fight in order to avoid being hit by a weapon being held by the victim. He said he did not know Ball had a knife.

The appeal turned mainly on whether the trial judge, former Assistant Justice Archibald Warner, explained to the jury the implications of Ingham?s reasons for holding on to Pitcher while he was being stabbed.

The Court of Appeal ruled Mr. Justice Warner should have told the jury that if they accepted Ingham?s testimony, they should find him not guilty as his actions were a classic definition of self-defence. The ruling stated the trial judge failed to point out contradictory eyewitness accounts of the fight.

Originally, Ingham had requested that he be represented by QC Howard Hamilton who had been turned down for a work permit last year after handling Ingham?s appeal two years ago. was told at that time the Bermuda Bar Association had informed the Department of Immigration they did not support Mr. Hamilton?s application to work on the Island due to previous questionable behaviour in the 1987 trial of convicted murderer Troy Shorter.

Ingham is currently on bail.