on charges that he stole $121,000 from the Bank of Bermuda.

Puisne Judge the Hon. Mr. Justice Ward will today decide whether to quash the indictment against Calvin Shabazz, allow him to take action under perogative writs, to empanel a jury and direct them to enter a guilty plea or to allow the trial to proceed.

Shabazz, of Southampton, is charged with stealing the funds between July 25 and September 14, 1988 while still a bank employee.

His lawyer, Mr. Ian Kawaley, yesterday argued there was insufficient evidence against his client for a jury to find him guilty.

"The role of the prosecution is not just to seek a conviction at all costs but to ensure persons are treated fairly and decide whether accused persons should be charged,'' he said. "In essence what I seek is a ruling...that as a matter of law there is insufficient evidence for Mr. Shabazz to be properly charged with the offence with which he has been charged.'' Crown counsel Ms Sharon Kenny argued the case should go to trial. "One of my roles as Crown counsel is to ensure things go according to the law,'' she said. "I think (Mr. Kawaley's) comments are unwarranted and unfair.'' Mr. Justice Ward will deliver his ruling at 2.30 p.m.