judge to face a charge that he murdered Rebecca Middleton.

The Attorney General's Chambers have filed a "voluntary bill'', which has now been signed, allowing them to bypass Magistrates and bring Mundy straight to the higher court.

Prosecutors won the right to push ahead with the murder trial last Friday when a judicial review cleared Attorney General Elliott Mottley of an "abuse of process''.

Mundy's lawyer Saul Froomkin alleged a deal between Mottley, Police and his client guaranteed there would be no murder charge if Mundy testified against co-accused Justis Smith.

Jamaican-born Mundy, 23, was originally charged with being an accessory after the fact and is serving five years after pleading guilty.

Smith, 18, is due back in court on March 2. He was charged with the murder a week after Ms Middleton was found stabbed to death in July 1996.

Now Smith and Mundy face a joint murder charge -- more than 18 months after the 17-year-old Canadian was found with stab wounds on Ferry Reach, St.

George's.

Mr. Froomkin told The Royal Gazette last night that he was still planning to appeal so Mundy's murder charge can be dropped.

He added: "I certainly plan to go ahead with the appeal.

"I understand the voluntary bill has now been signed. I have not been served with it yet although I expect that to happen in due course.'' The voluntary bill will now allow a trial date to be set in Supreme Court.

Puisne Judge Richard Ground, who threw out the "abuse of process'' application, ordered the hearing should come to court as soon as possible.

But he also said he did not approve of the way the prosecution had conducted its investigation into Mundy.

Mr. Justice Ground said: "I do not think that the conduct of the prosecution in this matter amounts to such an abuse of process as to warrant an intervention.

Mundy case sent to Supreme Court "That's not to say that I think it well done or I sanction and approve the way this matter has been conducted. I do not.

"There's moreover a very strong public interest in assuring that cases of this sort are properly tried on the evidence.

"That should now happen and it should be done as soon as is possible.'' Mr. Justice Ground also refused a request from Mr. Froomkin to delay the proceedings for six weeks so an appeal could be prepared.

He added: "I think the interests of justice in this case would be best served by getting on with the matter and I don't see why progress to the Appeal Court should not proceed in tandem with that.

"I would have thought every effort should be made to get it before the next sitting of the court rather than sitting it out.

"I do not think that a stay is appropriate and I refuse it.'' Bermuda's new Solicitor General, Canadian William Pearce, defended the Attorney General's Chambers in the judicial review.

After the judgment, he said: "I think that the Middleton family will be pleased to learn that justice is alive and well in Bermuda.''