A Pembroke man walked out of Magistrates' Court a free man yesterday when the arresting officer could not be found to give evidence for charges of drug possession.

The court heard that Haile Outerbridge, 21, of Number 20, Tribe Road No. 1, had missed court dates on July 10 and July 22 relating to a drug possession charge from September, 1998.

Outerbridge pleaded not guilty to the charge and Senior Magistrate Archibald Warner set aside the afternoon session of court to try the case.

"You were supposed to come to court,'' Mr. Warner said. "This is a serious offence! "Not only that, but you have made it a habit of not showing up! You think this court is set for your convenience? You have to come to court.'' Outerbridge replied: "I was away and when I came back the prosecution's evidence was not ready. The fact of the matter is that this has been hanging over my head since 1998.'' Mr. Warner said: "Well we are going to take care of this today. You are not going to frustrate this court anymore.'' However, Mr. Warner was told by Crown counsel Cindy Clarke that the arresting officer in the case no longer served on the Police Force and she was withdrawing the application.

Mr. Warner said: "For whatever reason the Crown said they are withdrawing its application ... You can go.'' In response to the action, a spokeswoman for Magistrates' Court said: "Normally, if the arresting officer is not available, we would throw a case out. It has come across in the past. For traffic offences it's not a problem, but when it is something that involves a serious criminal offence like drugs, it can be frustrating.'' Crown counsel Cindy Clarke added: "If the arresting officer is not available, then there is nothing we can do. We cannot command him to come.''