accused Justis Smith may be that the forensic evidence does not point at him, his lawyer claimed yesterday.

Lawyer Archie Warner made these assertions yesterday when his client appeared in Supreme Court for mention.

Mr. Warner said he was concerned about the way the case against his client had been conducted. His client was arraigned last year but has yet to have a date set for his trial.

"I can understand some delay to allow the prosecution to get ready,'' he said. "But it has been more than eight months.

"We were told that the Crown was awaiting certain forensic evidence. But it is even more perplexing because the defence has a right to know what this evidence is.'' Mr. Warner then pointed out that people on the street seemed to know more about the case than the defence did because there were rumours circulating that the forensic evidence did not point to Justis Smith.

"If it does not touch my client it must touch someone else...how long is too long?'' Smith is charged with the premeditated murder of Canadian schoolgirl Rebecca Middleton, 17, on July 3 last year.

It is alleged Smith, of Deepdale Road, Pembroke, murdered Ms Middleton in a night-time attack on Ferry Road, St. George's.

He was charged with Kirk Mundy, 21, who admitted to being an accomplice after the fact. Mundy was jailed for five years last autumn.

If convicted of premeditated murder, Smith could face the death penalty. He will reappear for mention of October 1 will a trial date due to be set for November.