An angry lawyer slammed a magistrate for "leaving his client in limbo'' after ordering him to be bound over in a case involving the picking of Easter lilies from a farmer's field.

Richard Hector was speaking after his client, Canadian lawyer David Morley, was bound over for six months after a farmer caught him cutting lilies in one of his fields.

Mr. Morley, 39, of Church Crescent, Shelly Bay, had pleaded not guilty to theft on April 12.

Mr. Hector said he was now considering what action to take on behalf of his client, who resigned from his position at Milligan-Whyte and Smith as soon as the case became public.

"It is completely unacceptable,'' said Mr. Hector. "This is most unusual, I haven't heard of this happening before.

"My client is not guilty of anything. I wanted this clearly established before the court. '' Mr. Hector said he hoped that the result of the trial -- which lasted over three hours -- would be clearly defined, so in the event that Mr. Morley was found guilty, he could appeal.

Mr. Morley was caught picking lilies in farmer Joe Pacheco's field, but immediately offered to pay for the $20 bunch of flowers. Mr. Pacheco, who had suffered many thefts and acts of trespass on his land, refused and when Police arrived, demanded that charges were made.

Morley said his intention was always to pay for the flowers and said he could lose his job if found guilty. He tendered his resignation shortly after the incident.

During the hearing yesterday, Magistrate Arthur Hodgson said the facts had been established but he was using his discretion in not entering a criminal conviction.

He said it was a very minor offence and there was no suggestion of any previous, similar behaviour by Mr. Morley.

The consequences for him, if found guilty, were grave with relation to his job, he said.

Mr. Hodgson said that Mr. Morley stated that he intended to pay for the flowers but his intention to pay was entirely at his own discretion.

If he hadn't found the farmer or the stall that was sometimes on the roadside, he wouldn't have paid for them, said Mr. Hodgson.

BOUND OVER -- David Morley Joe Pacheco