Middleton, the Court of Appeal ruled yesterday.

And next week the Attorney General is expected to decide whether or not to challenge the decision at the Privy Council in London. The three-judge court revealed their decision following a day-long hearing into the case on Monday.

They rejected the previous decision by Chief Justice Austin Ward that Mundy, 22, should face trial for murder.

Mr. Justice Edward Zacca delivered the decision, for which the reasons will be revealed in full in the near future. He said: "The decision of the court is that we find that the court below was in error in exercising its discretion to allow the proceedings to continue. We allow the appeal and vacate the order of the court below. We order that the Attorney General be prohibited from proceeding with the indictment for murder as against Kirk Mundy.'' Later Solicitor General William Pearce said the Attorney General was off the Island until Monday and a decision whether or not an appeal would be launched will be made on his return.

Mr.

Pearce said until the full reasons for the decision were received it would be difficult to say whether an appeal would be lodged.

He said there was a three-week time period for any appeal and the Attorney General may preserve his rights in that respect by lodging an appeal, even if the full reasons for the judgment have not been received.

Court rules in Mundy's favour "I am not being doubtful or optimistic, I am simply saying it is his (Attorney General) call,'' he said. "I have certain views which I will be sharing with him.'' After the hearing, Mundy's lawyer, Saul Froomkin said he was pleased with the outcome and said he had hoped that the court would listen. "I think it is right,'' he said.

Mundy, who was present during the short hearing, was taken back to prison, where he is currently serving a total of 21 years.

He was sentenced to 16 years for a series of unrelated offences and five years after pleading guilty to being an accessory after the fact.

During the appeal hearing on Monday, Mr. Froomkin argued that since his client had pleaded guilty to the accessory charge he could not be tried on a greater offence.

Mundy had made a witness statement of his account and agreed to testify against Justis Smith, 18, who was charged with murder soon after the incident, on the condition that he would only be prosecuted for accessory.

Mr. Froomkin had claimed there had been an abuse of process when Mundy was indicted on the murder charge on a voluntary bill.

But Solicitor General William Pearce had replied there had been no abuse of process with the laying of the new charge, since Mundy had lied about events.

And he added that new evidence had also come to light about the incident.

Rebecca Middleton, 17, was found stabbed to death on Ferry Reach, St. George's in July 1996.

Last night her father David, speaking from his home in Canada, told The Royal Gazette : "I'm disappointed with the result and I think the Attorney General should appeal the appeal.

"This is very frustrating for our family and we are looking forward to the trial getting underway so that we can eventually put this whole thing behind us.

"But we want to see this done correctly and not rushed through.'' COURT OF APPEAL COA