after a trial on charges of letting an unqualified person sell property.

And Ivan MacDonald Clarke declined to take the stand or call witnesses yesterday in his case after being told by Magistrate Edward King it was his right.

Mr. King ordered Clarke to return to court on January 29 when he will give his ruling, saying he wanted to be careful and take his time and research case law.

Mr. King added: "Since this is the first case of this type under this act, I am going to research it and I am going to do it good and proper.'' Clarke, 67, of Union Street, denies letting Malika Battersbee sell property on Roberts Avenue to Juliana Swan and Albert and Mary Woods between January 19 and February 3.

And Clarke also denies letting Battersbee trade in real estate with Zurie Tate and Delmika Burchall between December 1 and 6, 1997, when they tried to rent property on Roberts Avenue.

He admits -- contrary to the report in Wednesday's Royal Gazette -- to refusing or neglecting to turn over the financial records of Carabella Real Estate to the finance ministry between January 8 and June 8.

Battersbee was fined $500 by Mr. King on Tuesday after she pleaded guilty to trading without a licence.

Yesterday Crown Counsel Larry Mussenden questioned two Ministry of Finance workers on meetings and conversations they had with Clarke and Battersbee late last year and early this year.

Mr. King halted the hearing numerous times and said he wanted to be careful to only hear evidence and testimony relevant to the charges.

"I'm going to make sure that the weeds do not get among the good wheat,'' he added.

Ministry technical officer Stephen Lowe said he told Clarke on December 18, 1997, that Battersbee was not a registered agent and had his secretary fax him a letter of confirmation.

On February 5, he received a letter from Zurie Tate and later questioned Clarke on Battersbee's role in the company.

Mr. Lowe said: "Clarke and Battersbee informed us that Battersbee's sole function was that of a secretary to Clarke. Her duties were restricted to answering the telephone, filing, typing, and attendance with him to clients.'' Mr. Lowe said on March 20 he read an article in a newspaper and immediately contacted Clarke for a meeting.

He said that later that day Clarke told him: "Battersbee had shown property by herself to Carabella Realty customers. I reminded him that on February 9 he stated she never left the office without him present.'' When Mr. Mussenden asked what was Clarke's reply, Mr. Lowe said: "I don't know how to answer that without giving out more detail.'' Clarke did not cross-examine Mr. Lowe or his secretary, Tanisha Butler, who only helped identify the fax letter of December 18.

Mr. King told Clarke it was his right to not take the stand, adding: "The defendant does not have to prove or disprove anything. The burden is on the prosecution to prove every element.'' Earlier in the trial Battersbee said in addition to normal secretarial duties she accompanied Clarke out to "list properties''.

Clarke represented himself after lawyer Michael Telemaque withdrew from the case after locking horns with Mr. King over a request for an adjournment.