Edward King, who said the man could notmbe cross-examined.

Not convinced that Linden Simons -- a deaf mute person -- can understand the significance of oath taking, Magistrate Edward King discharged the assault and begging case the Crown tried to bring against him.

Simons, a 48-year-old man, was allowed to leave the court yesterday afternoon following lengthy arguments with Junior Crown counsel Veronica Gordon, Mr.

King and duty counsel Juliana Jack.

Mr. King refused to allow Simons to be charged in plea court, saying: "There is no way of ensuring that he understands the nature of the offences or that he knows he did anything wrong.'' Mr. King explained to the lawyers present that Simons cannot be cross examined.

"He is deaf and mute and does not use sign language,'' Mr. King noted. "How can a prosecutor cross examine him?'' Simons has previously been tried in the courts.

Mr. King presided over the last case where Simons' sister spoke for him.

"How do we know that she really understands him or more importantly that he really understands her?'' Mr. King asked. "The court has no way of verifying what is said in discussions between them.'' Mr. King explained that he was not convinced that justice was being served as he was not satisfied that Simons "knows right from wrong'' or "understands the significance of oath taking''.

"Just because he was convicted does not mean justice was done,'' Mr. King noted.

"When a man is discharged he is not presumed innocent,'' he said in defence of his decision. "And if I've got it wrong, the Supreme Court will get it right and from here on in we will know just what to do.

"Anyone aggrieved or dissatisfied with my decision can appeal to the Supreme Court.'' "Is a deaf, mute person immune from the law in Bermuda,'' Ms Gordon asked after the ruling.