Wor. Will Francis that his client's trial should not be heard by a certain magistrate.

Mr. Tim Marshall said Roger Eugene Lightbourne was "very familiar'' with the court room he had been scheduled to appear in, and insisted his client could only get a fair hearing if he went before another magistrate.

But Mr. Francis disagreed that previous experiences would have any bearing on the magistrate's ruling, and said the strength of the Crown's prosecution would determine the outcome.

Lightbourne was remanded in custody until Christmas Eve, when he will appear for a preliminary inquiry.

He is charged with causing grievous bodily harm, assault, wounding, possession of an offensive weapon and fighting.

The 25-year-old father of two gained fame of sorts when he slipped out of the Hamilton Police Station on October 29, following his arrest for failing to appear for trial. He eluded authorities for five days, until his recapture at a Devonshire residence.