reappear in court on October 21 for a long form preliminary inquiry.

But Justis Smith, 17, who has been remanded in custody at the Co-Ed facility since he was charged with the July 3 killing of Rebecca Middleton, will not be released on bail before then.

Attorney General Elliott Mottley said last week that he was ready to proceed with the LFPI against Smith while 21-year-old Kirk Mundy -- who is charged with being an accessory after the fact -- would be dealt with separately.

Yesterday in Magistrates' Court, Smith's co-counsel Archie Warner said he assumed he had all the evidence the prosecution intended to call during the LFPI.

But Crown Counsel Brian Calhoun said Mr. Mottley had informed the court that forensic evidence was not ready yet and had agreed to start the LFPI after being pressed by Smith's lawyers.

Mr. Warner said the defence was not pressing the prosecution to act, but his client had been arrested and was entitled to a fair and speedy trial within "reasonable time''.

The time his client had already spent in custody, he continued, amounted to "reasonable time''.

Mr. Warner added that the prosecution should elect a short form preliminary inquiry to which his client was entitled.

But Senior Magistrate Will Francis said the prosecution had the right to elect what form the preliminary inquiry should take.

He set the matter down for a LFPI on October 21 to give the prosecution time to contact their overseas witnesses.

Mundy was ordered to appear in court at the same time for mention.

Mr. Warner asked Mr. Francis to consider bail for his client under the "exceptional circumstances'' which had seen his client locked up for an "inordinate'' length of time.

Mr. Francis said an application for bail would have to come before the magistrate who dealt with the LFPI.

Mr. Warner then asked Mr. Francis to make a written record of his objections against the prosecution having a LFPI in the face of what he felt was the defendant's right to elect what form the preliminary inquiry would take.