the Crown and Smith's lawyer have their way.

But the tentative court date will depend on the outcome of Mundy's appeal against a new charge of murder which will be heard on March 13.

Mundy originally pleaded guilty to being an accessory after the fact and is currently serving a five-year prison sentence for the offence.

The new court dates were revealed during yesterday's monthly arraignment session in the Supreme Court where the pair were asked to answer to a single charge of murder.

Smith, of Deepdale Road East, Pembroke, and Mundy, a Jamaican national of Brunswick Street, Pembroke, are accused of killing 17-year-old Canadian visitor Rebecca Middleton nearly two years ago.

The teenager was found with stab wounds on Ferry Reach, St. George's in the early hours of July 3, 1996.

Prosecutors recently won the right to charge Mundy with murder due to alleged new evidence.

Yesterday, Mundy's lawyer Saul Froomkin attempted to halt the proceedings due to the appeal.

Mr. Froomkin said: "It is inappropriate to arraign him now. It would make a mockery of the appeal.'' But Crown counsel Brian Calhoun argued that an appeal did not prevent someone from being arraigned.

And he suggested that May 26 be tentatively booked as a trial date for the pair.

Smith's lawyer Archie Warner also objected to any possible delay since his client has been in custody since August of 1996.

Mr. Warner argued that a trial should be held as soon as possible and supported a May trial.

"May 26 would be an appropriate date for trial,'' he said. "justice won't be served if this is put off past May 26.'' But Mr. Froomkin disagreed and said a July or August trial date would be more appropriate for what he predicted could be a three week trial.

And he suggested that the two men be tried separately.

Mr. Froomkin told Chief Justice Austin Ward: "Mr. Warner is quite right. Mr.

Smith has been in custody too long and it's the Crown's fault. They should have a trial for Mr. Smith separately.'' Mr. Justice Ward informed Mr. Froomkin that his client's appeal would be heard on March 13 and ordered Smith and Mundy to be arraigned on the murder charge.

Smith pleaded not guilty to the murder charge but Mundy when asked for a plea, said he wanted the indictment "quashed''.

Mr. Justice Ward said he would hear Mr. Froomkin's bid to have the indictment struck out on Thursday morning.

Both Smith and Mundy were remanded in custody to await the outcome of Thursday's legal manoeuvre and next week's appeal.