Murder accused Justis Smith was yesterday freed on a massive $125,000 bail after being ordered to stand trial again on a charge of killing Canadian teen Rebecca Middleton.

Smith will also have to surrender his passport and travel documents and report to Police three times a week. He will also be required to appear for the regular arraignments session on May 3, when a trial date could be set.

The bail move -- unusual on a charge of premeditated murder -- happened just hours after Smith turned himself in to Hamilton Police Station following a Court of Appeal decision that he would have to go through another court case.

Bail for premeditated murder charge set at $125,000 But now counsel Elizabeth Christopher, who appeared with English barrister John Perry in the appeal case, is to go to the Privy Council in a bid to have them reverse yesterday's Court of Appeal decision.

Last year, Puisne Judge Vincent Meerabux ended the Supreme Court murder trial after he ruled Smith had suffered an abuse of process and that there was insufficient evidence.

But that decision was overturned by the three-man appeal court who said Mr.

Meerabux had "misdirected'' himself.

The written appeals judgement added: "We have concluded that the judge has failed in his duty to leave the facts to the jury from which they could have drawn their own conclusions.'' The bail hearing was heard in chambers by Mr. Justice Meerabux after Smith arrived with his lawyers at Hamilton Police Station. Smith refused to comment as he was taken inside.

He was kept in the station for around an hour-and-a-half before being handcuffed and driven the short distance to Mr. Meerabux's chambers near Supreme Court 3 for the bail hearing.

Afterwards, Crown Counsel Peter Eccles confirmed notice of a defence application for leave to appeal to the Privy Council, the Island's final appeal court.

Mr. Eccles said there could be a delay of seven months to two years in the start of the trial if it was ruled the Privy Council had to hear arguments first.

But he added that the Privy Council had the option to refuse to hear an appeal from Smith's lawyers and insisted the Crown would be pushing for a trial to go ahead, even if London chose to hear an application from Smith's legal team.

Mr. Eccles said he had not opposed the application for bail from Smith's lawyers, although he added he had insisted on tough conditions.

He said: "It's going to take a considerable amount of time to get to trial -- and he had been in custody for two-and-half years before the original trial to have his trial end without a verdict.'' And Mr. Eccles said: "Once there is a verdict, there is a closure for the victim, her family and Mr. Smith.'' Mr. Eccles added: "This matter needs to go to a verdict -- we need a verdict to resolve the matter. This is a charge of premeditated murder -- Smith needs a verdict as much as the public does.'' Surrender: Justis Smith arrives at the Hamilton Police Station with counsel Elizabeth Christopher yesterday afternoon.

MURDER MUR