A Supreme Court judge yesterday warned that the legal system will collapse unless defence lawyers cooperate with the court.

Assistant Justice Archibald Warner hit out after he was forced to adjourn two trials because he was told that neither of the accused appeared with counsel.

Crown counsel Vinette Graham-Allen called on defence lawyers to uphold the ethical standards of the profession by having the courtesy of informing the court well in advance of a trial if they could not represent a client.

In the first case, alleged robber Denton Parris had his trial adjourned because he had no confidence in his Legal Aid-appointed lawyer Darrell Clarke, but the court did not hear of these difficulties until yesterday morning.

And in the second, law firm Wakefield Quin did not turn up to represent alleged drug dealer Lincoln George Brown, despite the company's lawyer Sen. Larry Mussenden being on the record as his attorney.

Referring to the Parris case, Mr. Justice Warner said: "This is a really unacceptable situation that seems to be occurring week after week after week.

"I'm here, we have scheduled this case, and the whole system seems to be falling down because we are not getting the necessary cooperation (from defence lawyers).

"It can't go on like this. All officers of the court (lawyers) know their responsibilities and if they don't remain true to it, the system is going to fall down. The system can only function if everyone cooperates."

Mr. Justice Warner adjourned the case of 32-year-old Parris until November 3 for a new trial to be set and to give him time to find another lawyer.

The trial of Brown, 36, of Rock Valley, Warwick, who is charged with importing cocaine and possession of the drug with intent to supply, was adjourned until next week after Sen. Mussenden failed to show up.

Brown said he spoke to Sen. Mussenden a month ago and believed he was still his attorney, and he had no idea why he didn't show up.

The court heard Brown had not paid his legal fees, although Sen. Mussenden - who is understood to be off the Island - was still listed as his lawyer and hadn't informed the court he would no longer be representing him.

Mr. Justice Warner told Brown: "You haven't a lawyer and he (Sen. Mussenden) hasn't the courtesy to appear in court when he is supposed to be in court."

Ms Graham-Allen said: "I refuse to understand, and it still baffles me, that when a trial date is set and counsel knows he is not fully satisfied or is not in a position to properly represent an accused, one would have thought we would have received some sort of indication way ahead of today."

Mr. Justice Warner replied: "People should not simply refuse to turn up and leave us hanging here."

Ms Graham-Allen continued: "When will this all stop? It seems to me that this is happening in the Supreme Court of Bermuda over and over and over again.

"There must be some stop to this situation. If counsel knows they are not placed in a situation to represent someone where a trial date has been fixed, we would expect some form of communication.

"We have ethics of our profession and we are expected to abide by them.

"There are rules for the defence and the prosecution and we are supposed to be ministers of justice and ministers of the court and expected to act in an appropriate manner.

"No one from the chambers (Wakefield Quin) was even there to hold or have the common courtesy to say what transpired. Someone should be here to say what the position is."

Mr. Justice Warner said: "(We need) either serious enforcement or the whole system will collapse.

"I could send out a Police officer for Mr. Mussenden, but where would that take us? If someone is not available, they are not available, but there are procedures (for lawyers to withdraw)."

He adjourned the case for 15 minutes to allow Mark Pettingill of Wakefield Quin to appear in court to explain what had happened.

Mr. Pettingill apologised, but said he had "completely no knowledge of the case. I don't even know what this case is about".

He said the case was not listed on the firm's computer or in his diary and that he did not keep tabs on the progress of cases he was not directly involved in.

Mr. Justice Warner told him: "Your firm was aware of the dates (because it appeared at the previous date for Brown), and today no one is here from your firm."

Mr. Pettingill said cases went into the company computer and the lawyer dealing with the matter had responsibility for it, he said

"If they don't, I can only apologise. I would have to conduct my own inquiry as to why the ball was dropped regarding making an application to withdraw or someone being here," he said.

"I am sorry if in our chambers, someone dropped the ball."