shores of Bermuda to the Law Lords of London and the Privy Council.

Yesterday, Bermuda's Court of Appeal decided it had no jurisdiction to decide whether to or not to grant the Attorney General's Chamber leave to appeal the Kirk Mundy case to the Privy Council.

The decision was handed down yesterday by Appeals Court President Sir James Astwood in the civil court appeal.

"From the get go this has been a criminal matter,'' Sir James explained to Solicitor General William Pearce. "Your attempting to indict him for murder which is criminal matter.

"We are not a station point on the route to the Privy Council. You would have to find some very strong reasons for us to interfere in Privy Counsel business -- and this is Privy Counsel business.'' Mundy, 23, had originally agreed to testify against Justis Smith, 18, who was charged with murder soon after the death of 17-year-old Ms Middleton at Ferry Reach, St. George's, in July, 1996.

In January, Mundy was indicted on a murder charge via a voluntary bill -- despite the fact he had already pleaded guilty to being an accessory after the fact and was serving five years imprisonment for the offence.

The indictment was challenged but a Supreme Court ruling gave the AG the go-ahead to prosecute Mundy for murder.

However the Court of Appeal overturned the decision and said the Attorney General could not proceed with the charge against Mundy.

The Attorney General then applied for leave from the Court of Appeal to take the matter to the Privy Council.

But Mundy's lawyer Saul Froomkin yesterday argued that the Court of Appeal had no jurisdiction to consider granting leave to the Crown since the matter was filed as a civil proceeding, not a criminal one.

"If a case could result in the conviction of someone and result in them serving prison time, then it (the courts) must consider it a criminal matter,'' Mr. Froomkin explained. "This case can be nothing but a criminal matter and if it is a criminal matter it is out of your jurisdiction.'' Sir James agreed saying: "This court has no jurisdiction. You have to meet Mr. Froomkin across the sea.

"The Attorney General will have to go to the court in England.'' Mundy is currently serving a total of 21 years in prison, five years for pleading guilty to accessory to the murder and 16 for a series of unrelated offences.

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