Magistrates' Court.

The man pleaded not guilty last week to sexually assaulting a 22-year-old Sandys Parish man in Warwick in January of last year.

Crown counsel Graveney Bannister said he was "disappointed'' that lawyer Mark Pettingill did not inform prosecution he would be leaving the Island.

Patrick Doherty, holding for Mr. Pettingill, said: "We are applying for an adjournment. I understand Mr. Pettingill has been called away on an emergency.

"I can't offer an explanation, all I'm told is he had to leave the country on an emergency basis.'' Mr. Bannister urged acting Senior Magistrate Edward King to continue the trial.

He said it was Mr. Pettingill who wanted a quick trial date and was pressuring the office of the Director of Public Prosecutions (DPP) to finish legal papers.

Mr. Bannister said lawyer Larry Mussenden, who works with Mr. Pettingill, was in the DPP's office on Tuesday.

But Mr. King said Mr. Pettingill had spoken to him about the trial before leaving the Island.

Mr. Bannister said: "It would be nice if (Mr. Pettingill) said something to the Crown. We always hear, `Justice delayed is justice denied'.'' But Mr. Bannister's argument against an adjournment failed when Mr. King said: "He (Mr. Pettingill) came to the (judge), he came to the king. I said it's all right.'' Mr. Bannister said: "I just want to express my disappointment that counsel did not think to consult the Crown. Mr. Pettingill can send another counsel.'' Mr. King said: "The adjournment will be granted. If the Press wasn't here, I would say.. .'' not finishing the sentence.

But he continued: "I would like to have some boxing gloves.'' Mr. Bannister continued to argue that Mr. Pettingill's law chambers have several defence lawyers "who are quite capable''.

"You don't have an interest in a lawyer. That has been argued,'' said Mr.

Bannister.

Mr. King replied: "If you think he (a lawyer) can get you off, you think you don't have an interest with that lawyer?'' The Magistrate said a defendant would not want the lawyer's friends or colleagues defending him.

Mr. King also mentioned a number of times that trials had not proceeded because the DPP had insufficient prosecutors.

"This is now the test,'' said Mr. King who set down another court date and continued, "Let the Crown send someone out.'' The trial will continue on April 19.

Mr. King added: "I know Mr. Bannister was all fired up this morning for this case.''