today.

The Crown will argue that a new date should be set, despite defence plans to overturn a Court of Appeal ruling that Smith should face a new trial.

Defence lawyer Elizabeth Christopher has filed an application to the Privy Council in London for leave to appeal the decision by Bermuda's Court of Appeal.

The three-judge panel ruled that Smith should face a new trial over the 1996 killing of Canadian teenager Rebecca Middleton -- throwing out Puisne Judge Vincent Meerabux's decision to stop the case in December.

They said Mr. Justice Meerabux "misdirected himself'' and should have left the jury to decide the case on the facts available.

Crown counsel Peter Eccles will argue this week that a trial date should be set for Smith, regardless of any possible proceedings pending in the United Kingdom. Paperwork containing the application for leave to appeal has been sent to the UK, but it could be up to four months before the Privy Council gives a ruling on whether or not the appeal will be allowed.

Smith, 20, was freed on $125,000 bail and will appear in the Supreme Court on Monday.

The Court of Appeal made the ruling that there should be a new trial on April 9, after hearing submissions from Solicitor General William Pearce and Mr.

Eccles, and defence team Elizabeth Christopher and London-based Queen's Counsel John Perry.

The Court of Appeal overturned Mr. Justice Meerabux's order to stop the December trial on the grounds of insufficient evidence and that there had been an abuse of process.

If it is decided that the Privy Council will hear the appeal, then it could delay the start of the trial by between seven months to two years.

Miss Middleton, 17, was found raped, tortured and stabbed to death at Ferry Reach in July 1996. She had been on holiday in Bermuda, staying with friend Jasmine Meens, when the tragedy occurred.

COURTS CTS