The lawyer for the teenager accused of the premeditated murder of Rebecca Middleton yesterday moved to have a Magistrates' Court assault trial against him delayed because of fears it could prejudice his Supreme Court trial.

Elizabeth Christopher, representing Justis Smith, who is accused of murdering the 17-year-old Canadian on July 3, won a dramatic late afternoon stay of proceedings in order to have the issue heard in the Supreme Court on Monday.

She won the ruling after Magistrate Edward King had earlier refused to postpone the case.

Smith, 17, of Deepdale Road, Pembroke had denied assaulting two Police officers on February 1 after they attempted to search him. His father, Richard Smith, also appeared yesterday and denied assaulting two officers and violently resisting arrest.

But before the proceedings began, Ms Christopher requested an adjournment in light of the "serious'' charges the younger Smith faced in the Supreme Court.

"There is lengthy precedence in this court (Magistrates' Court) of matters of a less serious matter being held over until matters of a more serious nature in a higher court are dealt with,'' she said. "In fact, I can think of no other case where it was not done.'' "When Justis Smith comes to be on tried in the Supreme Court he's going to be on trial for his life and it's unfair that matters of an unrelated nature which he has pleaded be rehearsed before potential jurors,'' she said.

"If we are to proceed with this hearing here today it would come to the attention of a jury by the back door and surely that must be undue prejudice to Justis Smith.'' But Mr. King said that recent admissions by Kirk Mundy, who admitted earlier this month to being an accessory after the fact in Ms Middleton's murder, could have more far-reaching effects than the assault trial would.

"Wouldn't Mundy's disclosures in the Press be far more prejudicial than this?'' Mr. King asked, adding that "the details of this can't come anywhere near that''.

Mr. King also said: "I see no reason in law why this trial should not proceed. No case law or statute has been presented and what other Magistrates do is not binding with me.'' The trial then proceeded until Ms Christopher later sought an order to have the proceedings halted.

But after waiting until 3.40 p.m., Mr. King continued the trial in her absence and heard evidence from other officers who were present during the February 1 incident.

At 4.45 p.m., Ms Christopher arrived with a order stating that the proceedings be stayed, pending a Supreme Court hearing on whether the trial should proceed before or after Smith's murder trial.

Learning that the Supreme Court hearing will be held on Monday morning, Mr.

King adjourned the trial until 11.15 a.m. the same day.

Earlier the court heard that Smith, who also pleaded not guilty to obstructing Police officers, violently resisting arrest and using offensive words near the junction of Parsons Road and Deepdale Road in Pembroke, had refused to be searched by two officers.

Det. Con. Clinard Burgess told the court that on the evening of February 1, he and other officers attempted to search Justis Smith under the Misuse of Drugs Act.

He said Smith told the officers: "F**k you. You ain't searching me'' and walked off.

As Det. Con. Lendra Davis pursued him, Smith placed his hands on her chest and pushed her away, causing her to fall to the ground.

Det. Con. Burgess testified that Smith then ran way with the officers in pursuit.

Det. Con. Barry Richards caught up with him and took hold of his arm in a bid to apprehend him, Det. Con. Burgess said.

"Justis Smith then began to kick and punch Det. Con. Richards,'' he recalled.

"Det. Con. Terrence Gift and myself helped Richards restrain him.'' "At this time I was punched in my mouth by Justis Smith by his right wrist. I fell to the ground and I noticed that I was bleeding from the lower lip.'' He said Richard Smith then "rushed'' the officers, saying: "Let my son go.'' The elder Smith placed Det. Con. Burgess in a choke hold and pulled him away from his son.

Det. Con. Burgess said other officers then joined in and pulled the father off him and arrested both Smiths.

"Justis Smith then shouted and pointed at Det. Con. Richards, saying "I'm going to get you. Your a dead man,'' Det. Con. Burgess recalled.

While Justis Smith was being cautioned, he told Police: "F**k you! I don't care. I will go to prison for all of you.'' Det. Con. Burgess added that he required five stitches at King Edward VII Memorial Hospital to close the wound to his lower lip.

Under cross examination by Ms Christopher, Det. Con. Burgess admitted that when Justis was searched by Police no drugs or weapons -- "like a knife'' -- were found.