allowed to cross-examine her during his trial after he was refused legal aid.

The trial was set to take place yesterday after almost 19 months of waiting.

Since the time of the incident, which occurred in January of last year, the defendant, 59, who cannot be named for legal reasons, has tried and failed to obtain a lawyer to represent him.

Yesterday Crown Counsel Peter Eccles described his position on the defence's application for adjournment.

He said, in the interests of a fair trial, he was in favour of adjournment and that, if the case had been proceeded with as planned, "a situation would exist where the defendant would be cross-examining his own step-daughter''.

Mr. Eccles was specific that the 11-year-old complainant, who cannot be named, was "not keen'' on being questioned by the person accused of assaulting her.

However, he added: "The complainant and the witnesses have been waiting a long time and, although, they are prepared not to proceed today, they are not happy with having to put it off again.'' He said that if the defendant appeared on the next date still without legal representation, the Crown would have "no choice'' but to proceed.

"In this case, the situation will arise where the defendant will have the right to question the complainant himself.'' Mr. Eccles suggested that, if this happened, some kind of screen should be used to prevent him from looking directly at her.

He said: "If needs be we could ask the Bermuda Music and Dramatic Society to provide such a device.'' Temporarily representing the defendant was lawyer Lawrence Scott.

Puisne Judge Charles-Etta Simmons said: "It is very unfair that the complainant should be kept waiting for this amount of time as the matter must be resting on her mind very heavily.'' Her final decision to adjourn was influenced by the fact that "the Crown has an obligation to protect the complainant, who is a minor''.

Addressing the defendant, she said: "If you have not obtained legal aid by then, the matter will go ahead anyway and you may be placed in a position of cross-examining the complainant, as it is your right to do so.''