Mundy will face a charge of murdering Canadian teenager Rebecca Middleton.

Yesterday, the three-judge court reserved their judgment on whether they will overturn the decision that Mundy, 22, should face trial, after a day's hearing in the Supreme Court.

Mundy's lawyer, Saul Froomkin QC, claimed that there had been an abuse of process when his client -- who had already been sentenced to five years imprisonment after pleading guilty to being an accessory after the fact -- was indicted on a murder charge via a voluntary bill.

He said a person who had already been tried on a lesser charge could not be tried on a greater offence with the same facts.

In addition, there were no new facts to make the charge valid, he said. Mundy had made a witness statement of his account -- agreeing to testify against Justis Smith, 18, who was charged with murder soon after the incident in July 1996 -- on the condition that he would only be prosecuted for accessory.

Mr. Froomkin said the Crown was relying upon, what they claimed was new evidence, which indicated that Mundy did not tell the truth in his statements, therefore not sticking to the conditions of the contract.

But he said that evidence was not capable of being credible.

"If there is no evidence that is capable of being credible, then there is no evidence that Mundy wasn't telling the truth.

"These are exactly the same allegations made today, there are no new facts.'' But Solicitor General William Pearce said there had been no abuse of process in the laying of the new charge, as Mundy had lied about what had happened.

He agreed it would be wrong to convict a person of a lesser charge and then be tried for murder -- if there was not new evidence which had come to light.

"The court should bear in mind that there is no evidence that the Attorney General deliberately misused the procedure of this court in the manner that would bring it into disrepute,'' said Mr. Pearce.

"There is no evidence of acting for some improper motive, either oppressive or vindictive toward Mundy.'' He said the Crown, at most, may have acted too hastily in accepting the plea to the accessory charge, but that didn't give rise to an abuse of process.

"Even if the court found the decision of the Attorney General to be wanting in the same respect, it would not outrage the public interest of bringing to justice both the murderers of Rebecca Middleton.

"If a stay is to be given then great thinking people would be shocked to learn that a person could get away with murder by lying to the authorities.

"We had new evidence, on that evidence a decision was properly made.'' Earlier the judges, Mr. Justice Michael Kempster and Mr. Justice Edward Zacca, under Sir James Astwood, had questioned whether or not the appeal should be heard.

They agreed after Mr. Froomkin successfully argued that if the previous decision was allowed to stand, it would be an abuse of process that would result in inconsistent verdicts.

Yesterday's hearing follows a previous appearance before Chief Justice Austin Ward, who decided that Mundy should face trial for the murder of Ms Middleton.

Mundy is currently serving a total of 21 years after pleading guilty to being an accessory after the fact and admitting a series of other, unrelated, offences. Mundy was charged with murder in January -- 18 months after Rebecca Middleton was found stabbed to death on Ferry Reach, St. George's.

Justis Smith, 18, was charged with murder soon after the killing and awaits trial.