Accused murder Justis Smith's lawyer yesterday demanded to know why the Crown had not produced evidence against his client, who has been in custody for seven weeks.

Seventeen-year-old Smith is charged with the premeditated murder of Canadian visitor Rebecca Middleton, while 21-year-old Kirk Mundy is charged with being an accessory to the July 3 killing.

The two appeared in Magistrates' Court for a regular two-week mention.

Crown Counsel Charlene Scott told Senior Magistrate Will Francis the Crown did not have the papers ready and asked for another two weeks.

Smith's lawyer Archibald Warner, however, said the prosecution was being "devious''.

He noted his client had been held for seven weeks.

And, "the prosecution had not served any evidence,'' he said.

He added that since the Crown was charging Smith with premeditated murder, it had to have some evidence. And he said his client deserved to know what it was.

"The prosecution is keeping the defence and the court in the dark. This is wrong,'' Mr. Warner said. "It is very important to get the papers so that we can continue progressing.

"I need to know some basis why this boy had been remanded in custody for so long. We need evidence for a basis of the charge.'' Upon hearing this Mr. Francis decided Smith's case would be mentioned again in one week. This, he explained, would allow the Crown to serve the defence with some of the papers, even if they did not have all of them.

Mundy, who is represented by Mark Pettingill, will appear in court again on September 5.