A homeless man who has twice faced trials over the body-in-the-suitcase murder of Terry Edmonds has launched a legal challenge to a third prosecution.

The first two juries were discharged after failing to reach verdicts on Philip Bell in June 2007 and February this year.

Anthony Haycroft, prosecuting, said at the end of the second trial that although it was an unusal course, the Crown sought a third trial.

Bell's QC Alun Jenkins immediately accused the prosecution of acting in a "fit of pique" and "jury shopping" in an attempt to secure a conviction.

Bell, 22, was alleged to have strangled 17-year-old Miss Edmonds with her own scarf, sexually assaulted her and hidden her body in his suitcase in a car park where he slept rough next to Tunbridge Wells railway station.

Police found the body 12 days after she disappeared on April 17 2006. Miss Edmonds lived at a nearby hostel.

On Monday, Mr Jenkins submitted that prosecuting Bell for a third time was an abuse of the court process.

He said: "There is an emotive factor of those in this court who believe without a doubt he is guilty, those who believe he may not be guilty and those in the middle course, who say we don't know one way or the other.

"But we have had two juries - 24 people - who have considered the case and failed to agree on his guilt."

Mr Jenkins told Judge Andrew Patience, QC, there was no law forbidding a third prosecution, it was "merely convention". But it was not an unfettered convention, he added.

"I hope to convince you it is not right in these circumstances. It is unfair for the prosecution to go a third time."

Judge Patience reserved his judgement to a later date.