A fresh trial in the case of a labourer accused of murdering a North-East mother 16 years ago was a step closer last night.

Cleveland's Chief Crown Prosecutor Martin Goldman has lodged an application at the Court of Appeal for the case of Billy Dunlop to be looked at again.

Dunlop, 42, faced two trials for the murder of pizza delivery girl Julie Hogg, in Billingham, near Stockton, Teesside, and each time a jury failed to reach a verdict.

It is the first case in England to be referred to the appeal courts under the double jeopardy law, which was changed following a campaign by Julie's mother, Ann Ming, and supported by The Northern Echo.

Under the Criminal Justice Act 2003, the 800-year-old law was amended allowing suspects acquitted at trial to be tried for the same crime again if there was compelling new evidence. It came into force in April last year and in November, the Director of Public Prosecutions Ken Macdonald, QC, gave his consent for the case to be referred following an investigation by Cleveland Police and the Crown Prosecution Service.

The Court of Appeal will now decide whether the case should go ahead and if a new trial should be held.

A date has not yet been set by the court to consider Mr Goldman's application.

A spokeswoman for the CPS said last night that Dunlop's defence team had been notified of the application.

She said: "There will be a preliminary hearing to consider the application."

Under the Act, the Court of Appeal has the power to quash an acquittal and order a retrial if there is new evidence relevant to the guilt of the acquitted person and if it is in the interests of justice.

Mrs Ming and her family are unable to comment on the case because of the ongoing proceedings.

Chief Superintendent Mark Braithwaite, of Cleveland Police, said police had worked closely with the CPS.

He said: "The family of Julie Hogg are being kept fully informed of this development.