Senior Puisne Judge Gloria Smith has turned down an application to quash the indictment charging Corporal Lancelot Webley with the murder of a person unknown.

Webley was first charged with the murder of John Spencer. On Monday, when the case was set for trial, the Crown issued a new indictment because the person who identified the body could not be located.

Webley's lawyers, George Soutar and Linda Wright, argued that the new indictment was an abuse of the process of the court and would prevent Webley from getting a fair trial.

Prosecutors Diahann Gordon-Harrison and Adley Duncan opposed the application and cited authorities to show that the trial could proceed with the new indictment.

The judge, in handing down her ruling yesterday, said she did not find an abuse of the process, as was being alleged. She said she did not find any conduct on the part of the prosecution to be oppressive or vexatious.

In dismissing the application, the judge said it would be appropriate for an adjournment to be granted to give the defence the opportunity to meet the new indictment.

Webley's bail was extended for him to return to the Home Circuit Court on June 2 when his trial will begin.

He is accused of murdering a person unknown in November 2000.