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AG springs surprise in murder case

(LFPI) against the man charged with the murder of a Canadian teenage girl.Elliott Mottley announced this yesterday when 17-year-old Justis Smith appeared in Magistrates' Court along with Kirk Mundy, 21,

(LFPI) against the man charged with the murder of a Canadian teenage girl.

Elliott Mottley announced this yesterday when 17-year-old Justis Smith appeared in Magistrates' Court along with Kirk Mundy, 21, who is charged with being an accessory to the July 3 killing of Rebecca Middleton.

And as the charges are separate, Mundy -- who is represented by Mark Pettingill -- will be dealt with separately, he said.

Elizabeth Christopher, who is representing Smith along with Archibald Warner, had demanded to know where the DNA results were after Crown counsel Leighton Rochester had asked the court for a two-week rollover.

Ms Christopher exclaimed that the prosecution should only be given a week at the most.

Then they should inform the court of where the DNA results were instead of continuing to adjourn. No one seemed to know about the DNA results outside of the Attorney General's office, Ms Christopher said.

Senior Magistrate Will Francis agreed and said he wanted to know when the court could move on with the matter.

He then ordered Mr. Rochester to return at 11 a.m. with some indication of what was happening.

Mr. Rochester returned with Mr. Mottley, Senior Crown Counsel Brian Calhoun and Acting Senior Counsel Khamisi Tokunbo.

Mr. Francis asked Mr. Mottley when the court would be able to get on with the matter.

The Attorney General replied that the Crown was not yet in possession of all its evidence -- including the DNA results -- but was prepared to start a long form preliminary inquiry (LFPI).

Ms Christopher said she was surprised that the Crown would suggest a LFPI now after the defence had been left "hanging on'' all this time.

Mr. Francis asked when the Crown would have all its evidence ready.

Mr. Mottley said he was not prepared to say when that would be and stressed that even when all the evidence was together, the Crown would still ask for an LFPI -- in relation to Smith.

Mr. Francis decided to roll over the matter until Monday.

Rebecca Middleton ATTORNEY GENERAL AG