The retrial of Robert Baltovich in the murder of girlfriend Elizabeth Bain has been set for next September but, at a downtown courthouse yesterday, all the talk was about convicted sex killer Paul Bernardo being a possible witness.

Bernardo is serving a life sentence for the murders of Kristen French and Leslie Mahaffy, but Baltovich's defence team has said for months he probably also killed Bain, raising the prospect he could take the stand.

Prosecutors acknowledged Bernardo will be a factor when the trial begins Sept. 10 and are awaiting a report from Toronto police next week before deciding whether to call him to testify, Crown attorney Andrew Pilla said. Police are investigating earlier jailhouse claims by Bernardo, convicted of raping 14 women, that he sexually assaulted as many as 17 others, and was never charged with those crimes. Some alleged assaults in Mississauga were investigated and discounted two months ago by Peel Regional police.

Bernardo, speaking at the time through his lawyer, Tony Bryant, said he was confessing to the new crimes to clear up "loose ends" in his case.

Bryant said yesterday that Bernardo, who is serving his sentence in a special security wing at Kingston Penitentiary, has "no interest" in testifying at Baltovich's trial.

"I doubt very much that he would have any relevant evidence to give," Bryant said.

Baltovich, now 41, was convicted in 1992 of second-degree murder in the slaying of Bain, who was 22 when she vanished from the Scarborough campus of U of T on June 19, 1990. Her body has never been found.

Baltovich has always maintained his innocence.

The province's top court, in a unanimous three-judge ruling in December, 2004, quashed the conviction.

Officials with the Ministry of the Attorney General decided in July, 2005 that Baltovich should be retried for the murder.