A date could be set in the next few weeks for the final appeal hearing for Justis Smith.

It is understood the Privy Council in London could notify lawyers as early as next month of a hearing against a Bermuda Court of Appeal decision that Smith must face another trial for the alleged killing of Canadian teenager Rebecca Middleton.

But the actual appeal hearing may not take place until late this year or possibly early in 2000.

A three-judge panel will hear arguments in the case from Smith's lawyer Elizabeth Christopher and London-based Queen's Counsel John Perry, and Senior Crown counsel Peter Eccles.

It is likely the hearing will be over in three to four days, with the panel giving lawyers a time limit for their arguments.

Judgment will come either immediately or may be reserved until a later date.

Smith is on bail and is set to return to the Supreme Court on November 1 for mention.

The hearing, which the Privy Council decided in June would be heard, is likely to take place at least a year following the collapse of the original trial.

Last December, Puisne Judge Vincent Meerabux said Smith should be acquitted after deciding there was an abuse of process and insufficient evidence to go before a jury.

But his judgment was overturned by the Bermuda Court of Appeal.

Rebecca Middleton, 17, was founded raped, tortured and stabbed to death at Ferry Reach on July 3, 1996.

Justis Smith COURT OF APPEAL COA