Justis Smith will be held next month.

The appeal hearing is scheduled to start on March 30 and will see the Crown argue that Puisne Judge Vincent Meerabux was wrong to rule that Smith had no case to answer.

Smith was freed in December after Puisne Judge Meerabux dismissed the case. He had been charged with the premeditated murder of Canadian Rebecca Middleton, 17, in July, 1996.

During the hearing, which is scheduled to last four days, Acting Attorney General and Solicitor General William Pearce will argue the appeal with Crown counsel Peter Eccles.

They will face local lawyer Elizabeth Christopher and London-based Queen's Counsel John Perry, before the three-judge Court of Appeal.

Mr. Perry and Miss Christopher were part of the original defence team, which also included new Magistrate Archie Warner.

Last night, the parents of Miss Middleton welcomed the setting of the date for the appeal.

Speaking from Belleville, Ontario, David Middleton said he intended to come to the Island for the hearing.

"I want to see what is going on. I would like to get this back on track. I am pleased there is a date, the sooner the better. This whole thing has dragged on too long,'' he said.

Mr. Middleton said there was a feeling of "unfinished business'' and he believed a lot of people in Bermuda would like to see a conclusion in the saga.

Cindy Middleton said she was pleased a date had been set for the appeal but said she would not be making the journey to the Island.

"It will be good that they are dealing with it finally,'' she said, adding that it would be three years in July since her daughter was murdered.

Justis Smith was freed after it was ruled that there was no case to answer on the grounds that there had been an abuse of process and that there was insufficient evidence.

The decision prompted anger in Bermuda and in Canada, where it dominated the headlines.

Smith was arrested shortly after the 1996 killing, along with a Jamaican, Kirk Mundy, who was later jailed for five years after pleading guilty to being an accessory after the fact.

A bid to have Mundy re-charged with premeditated murder failed after going to the Privy Council in London.

COURTS CTS