murder indictment Milton Shane Watson is facing and ordered the retrial to go ahead on August 10 as scheduled.

Watson's lawyer Mr. Tim Marshall argued before the Hon. Sir James Astwood that the scene of the alleged crime had been "dramatically altered''.

Mr. Marshall said he was not seeking to overrule the Court of Appeal decision his client be tried a third time, however: "One of the planks in (Watson's) case has been severely eroded because of the lapse of time.'' Mr. Marshall said the Crown had a duty to preserve the place where Mr. Wilbur Doe was allegedly murdered by making sure there are no alterations to it, or by taking sufficient photographs. The Crown failed in both, he submitted.

"The physical structure of `Hidden Wells' (which was Mr. Doe's Smith's Parish home) clearly demonstrates that the prosecution's key witness, namely his accomplice, Ricky Smith, could not have seen what he allegedly saw through the window located on the western side of the home,'' he said.

"The view has not been preserved at all in the numerous pictures the Crown has submitted. Fifty seven photographs were taken and not one was taken of the most significant angle, which the Crown has been basing its case on.'' Watson claims it was Smith who murdered Mr. Doe.

Mr. Marshall also raised the point of "the amount of publicity surrounding the case in the form of media coverage''.

He said the publicity was prejudicial to Watson's case and he should be allowed to question each of the prospective jurors to see whether they have any pre-formed prejudices.

The Chief Justice refused the submission. But he told Mr. Marshall that if after using up his five challenges he was not satisfied with the jury, he would hear submissions for jurors to be questioned then.

Mr. Marshall added that because Watson was going on trial a third time for "the most serious crime'', extra precautions should be taken to ensure he had a fair trial.

Senior Crown counsel Mr. Barrie Meade submitted that Mr. Marshall would have to prove "wholly exceptional circumstances'' in order to be allowed to question prospective jurors.

"The indictment is not quashed and the trial is to proceed in August. I will decide the issue of questioning jurors at the trial if it becomes necessary,'' the Chief Justice said.

Mr. Doe was found lying in a pool of blood in his home in December 1988.

Watson was first tried for the crime in October 1990, but the jury failed to agree on a verdict. He was tried a second time last March and sentenced to hang after the jury found him guilty.

But the Court of Appeal quashed the conviction last December on the grounds the trial judge, Puise Judge the Hon. Mr. Justice (Austin) Ward erred in law on certain points and misdirected the jury. The three judges ordered a third trial, admitting it was an "unusual'' step.