Smith court date set for February
ordered to return to the Supreme Court on February 1 for mention.
And a Sandys Parish couple will return to court on November 12 to set a date for a special "Newton'' hearing into the facts against the man who pleaded guilty to manslaughter of his girlfriend's god son.
By February 1, the Privy Council -- Bermuda's highest court of appeal -- will have heard the Crown appeal the acquittal last December of 20-year-old Justis Smith for the premeditated murder of the 17-year-old Canadian in 1996.
During yesterday's monthly arraignments hearing Chief Justice Austin Ward set the case down for a further mention hearing, anticipating the case's status will be known by then.
The appeal will be heard in London on January 19 and 20.
In June, the Court of Appeal overturned Puisne Judge Vincent Meerabux's decision to acquit Smith of murder due to a lack of evidence and because of an abuse of process.
In other Supreme Court business, Mr. Justice Ward ordered Jermaine Noel Pearman and Sharina Ann Tuzo to be brought back before the court in two weeks to set the date for the Newton hearing and to find out if Tuzo's lawyer wants to have a psychiatric report prepared on her.
Tuzo was convicted in September of manslaughter of five-month old Saed Young in August 1997.
Just days before a joint trial was to begin, Pearman, 27, pleaded guilty to manslaughter.
The baby had suffered horrendous injuries, including bites and a fractured skull while he was in the couple's care.
Pearman and Tuzo, wearing regulation orange prison uniforms and handcuffs as they stood next to each other in the prisoner's dock, said nothing during the hearing.
In a Newton hearing, after submissions by prosecutors and defence lawyers, a judge decides on the facts of what happened in a crime although the offence may have been admitted.
About the hearing, Mr. Justice Ward said to Pearman's lawyer Elizabeth Christopher: "Your client is saying he didn't do the things that came out in the trial of Tuzo with respect to him.'' It was also revealed yesterday that Tuzo has abandoned an appeal of her conviction, clearing the way for her to be sentenced for the crime.
The sentencing will be determined at a later date.