lawyer: "It's good news for our client'' By Raymond Hainey Murder accused Justis Smith yesterday won the right to appeal against a court decision that he must face another trial on a charge of killing a Canadian schoolgirl.

And the decision -- by Bermuda's final court of appeal, London's Privy Council -- means that it could be well into next year before a decision is made on whether Smith has to face a fresh court appearance.

Lawyer Elizabeth Christopher, who represented Smith with English QC John Perry in Bermuda, confirmed that the Privy Council had granted leave to appeal against a new trial after a brief hearing.

And she said Smith's legal team had already started preparing the case for a full Privy Council appeal -- overturning a Bermuda Court of Appeal decision in April.

Ms Christopher said: "It's clearly good news for our client.'' She added: "Our solicitor said it could take six to nine months for a hearing date -- but, realistically, it could take longer.'' Smith was ordered in April by the Court of Appeal to face a new trial on a charge of premeditated murder which still carries the death penalty in Bermuda.

The Court of Appeal, under president Sir James Astwood, backed the Crown's bid to overturn an earlier Supreme Court decision that Smith, now 19, should walk free because of an abuse of process and insufficient evidence.

Teenager Rebecca Middleton's nearly-naked body was found on Ferry Reach, St.

George's, in the early hours of July 3, 1996.

She had been raped, tortured and stabbed to death.

Ms Middleton died after she and friend Jasmine Meens, whose father lives on the Island, accepted lifts from three men riding two motorcycles.

Ms Meens got home safely, but Ms Middleton's body was found lying on Ferry Reach by a passing motorist hours later.

Later that year, Kirk Mundy pleaded guilty to being an accessory after the fact and was jailed for five years.

Crown attempts to have Mundy re-charged with Smith as joint alleged murderers failed all the way to the Privy Council.

Smith was tried alone last December, but walked from the court after Puisne Judge Vincent Meerabux's Supreme Court ruling.

The three-strong Privy Council panel -- Lords Hoffman, Clyde and Millett -- took little more than an hour to allow the appeal.

In London yesterday, Smith was again represented by Mr. Perry, while Peter Eccles of the Attorney General's Chambers appeared for the Crown.

MURDER MUR