Testimony will continue this morning in the case against a 15-year-old accused of throwing an apple at a passing cyclist.

Magistrate Carlisle Greaves reacted angrily yesterday after Police Prosecutor Phil Taylor asked for an adjournment because the "key'' witness to the incident -- another juvenile -- was unavailable.

"Oh, my gracious!'' Mr. Greaves said aloud after Sgt. Taylor explained the witness' mother had to attend a work-related seminar yesterday and could not accompany her child to court.

"One of the things I hate is the wastage of precious judicial time,'' he added. "Since February, we've set aside a whole day. We've been sitting here all day waiting for this case just to do this case! "Now you tell me this despite my warning that I will dismiss it if you're not ready and you're not ready? This is the busiest court in the country. You say she says any day except today? Then tomorrow (Thursday)!'' The Pembroke boy's mother complained bitterly at the delay, saying her own job was in jeopardy at having to attend court.

But Mr. Greaves decided to clear his slate for today, saying: "There will be a lot of angry mothers tomorrow expecting to be heard on their child support cases.'' The boy denies a charge of assault with intent to cause bodily harm to colourful New York retiree Arthur Freddilino who told the court he was riding in the opposite direction at a similar speed to the bus of about 40 kph.

Juvenile court rarely sees cases go all the way to trial. The boy has maintained his innocence.

Mr. Freddilino admitted in a cross-examination by the boy that he did not see who threw the apple which hit him as he passed a bus at 8 a.m. on South Road, Warwick on October 12.

Mr. Freddilino said he had soreness to his right biceps as a result of the strike by the "missile''.

The 22-time visitor maintained control of his cycle, did a U-turn, and chased down the bus at its very next stop across from Camp Road.

"These faces appeared at the rear of the bus while I pursued it,'' Mr.

Freddilino said, adding that he barged to the rear of the bus and confronted two boys who were "cowering'' in their seats while the driver called Police.

Mr. Freddilino added: "It wasn't until later that I discovered that I had pain and discomfort. I have thick skin so I could work through the pain. The pain unquestionably came from the impact of the apple.'' After Mr. Greaves explained to the child his rights to cross-examine Mr.

Freddilino, the boy was able to get Mr. Freddilino to admit that he was not one of the boys he questioned at the back of the bus.

Sgt. Taylor -- in measured tones -- said the witness' mother had to attend the seminar or risk her job, describing the need for an adjournment as "very unfortunate circumstances''.

"This is a serious matter and I believe the truth should be brought out,'' he continued. "To that end I humbly apply for an adjournment.'' But the boy's mother responded: "My job is in jeopardy every time I come. I don't think it's fair. I even brought him here without a lawyer. Just to be here at the appointed time.'' Mr. Greaves responded: "The prosecutor is long on experience and skillful in his abilities. His reasoning is beautifully laid out, but I'm not overly impressed.

"The prosecution is well within its rights, knowing the busy schedule of these courts, to require or request from the court for a summons,'' he added.

"That is a command of the court which no man can disobey. Or woman or child.

Sgt. Taylor, you knew witnesses had to come from overseas. I would have thought that out an abundance of caution, you would have sought a summons.'' The case continues this morning. The identity of the accused boy -- who turns 16 in November -- is protected by law.