The Court of Appeals was held up yesterday morning for the second time this year after neither Amenemhat TaMerry nor his wife, Maatkari TaMerry, had retained a Queens Counsel.

The couple were found guilty and sentenced in last June for the manslaughter of their ten-month-old baby daughter, A-Maya in 2001.

Mrs. TaMerry, who was released from prison this March, failed to appear in court and left her lawyer, Elizabeth Christopher explaining to the three Appeals judges that she could not proceed.

Amenemhat TaMerry's lawyer, Darrel Clarke, told Appeal Court President, Justice Edward Zacca, that he had been put "in a difficult situation" because the QC his client had requested, had failed to arrive in Bermuda.

Mr. Clarke said the English QC was currently in Sierra Leone and "we have been unable to reach him".

When questioned by Mr. Justice Zacca if the QC had been paid or not, Mr. Clarke explained that the QC had not been paid, merely given his word that he would represent TaMerry.

Justice Zacca replied that the QC was then not retained, or he would have been in court.

"In March we heard the same thing. Proper efforts are not being made by you or your client," Justice Zacca said, asking if there was no QC in Bermuda who could represent TaMerry.

"No Queens Counsel in Bermuda is willing to take on this case," Mr. Clarke replied.

Justice Zacca shook his head and told Mr. Clarke that it was a "waste of judicial time".

He told Mr. Clarke that while it was up to TaMerry to chose his own counsel, he needed to take into account the court's time.

Meanwhile the DPP, Vinette Graham-Allen said that it was unfortunate for a court that only sits three times a year to be held up this way.

"I hope there won't be a repeat of this in November," she said.

When Ms Christopher was asked if she could proceed with the matter ? if her client were present ? she shook her head.

Ms Christopher told Justice Zacca that while she was appearing on behalf of Maatkari TaMerry, she had been instructed that she also wished to retain a QC

"I can't say I've retained Queens' Counsel," she said.

Appeals' Court Justice Sir Murray Stuart-Smith asked whether or not the same person could not represent both clients.

Ms Christopher replied that this would not be appropriate.

After a few minutes of silence, Justice Zacca said it was with a "great deal of reluctance" that he needed to adjourn the matter until November.

In addressing Mr. Clarke and Ms Christopher, he said their clients had until September 1 to inform the Registrar that their choice of counsel had been retained.

"If by September 1 the Registrar has not been informed, then this court will grant legal aid for counsel in Bermuda. If they don't retain aid, we will proceed without legal representation, but this matter will proceed," he said.