assets, believing he has "benefited'' from the proceeds of drug sales.

Senior Crown Counsel Vinette Graham Allen on Friday argued for an adjournment of Smith's sentencing.

Smith, 30, of Warwick, a former postman, has pleaded guilty before Senior Magistrate Archibald Warner to importing 1,296 grams of cannabis on December 16, 1998.

And later this month Mrs. Graham Allen intends to file a motion that Mr.

Warner order Smith's sentencing be handed over to the Supreme Court -- which also has the power to order his assets be confiscated.

The motion is under section 59 of the Proceeds of Crime Act.

But Mr. Warner asked: "It's clear the prosecution knew and intended to take this course of action and bearing in mind the (DPP) has the power of the fiat and it can be attached to such a charge, why would the DPP try the matter down here?'' Mrs. Graham Allen admitted that an investigation into Smith's finances was launched after the decision to allow him to elect which type of trial he should have was made.

The Director of Public Prosecutions has the right to "fiat'' any charge to make the person stand before a judge and jury -- and thereby face an higher penalty.

Indictments for Supreme Court trials are usually for serious offences and for larger amounts of drugs.

The maximum penalty for cannabis importation is 20 years in prison on an indictment before the Supreme Court and five years on a summary charge before a magistrate.

Smith elected to face a magistrate and was first charged summarily in January 1999 with importation, possession with intent to supply and possession of drug equipment.

Mr. Warner exclaimed: "Well, can't he say he is now prejudiced that having selected a Magistrates' Court trial the Crown is now saying `so what -- we always wanted you up there (in the Supreme Court) anyway'?'' With that, Mr. Warner said "I wish you would have told me earlier -- I would have taken a different course'' and added that he "don't like to work so hard and late on Friday's''.

Smith's lawyer, Mark Pettingill, interjected to laughter from the gallery: "Well, I don't want to do it at all Your Worship, if you refuse the application, will you go ahead with the sentencing?'' Mr. Warner only replied to even more laughter: "Well... I don't like to pre-empt myself.'' Smith was further remanded into custody pending the hearing on his assets and possible sentencing.