The case against a suspended civil servant and taxi driver accused of fraud is flimsy, a defence lawyer told a court yesterday.

Julian Hall told Senior Magistrate Will Francis that Randy Horton and Weldon Dowling had a host of explanations for their actions.

He also charged that the prosecution had not proved its case against suspended Assistant Tourism Director Horton and taxi driver Dowling "beyond reasonable doubt''.

Yesterday the pair appeared in Magistrate's Court for the fifth time in a trial that has been spread over several months.

Horton, 52, of North Shore Road, Hamilton Parish, and Dowling, 50, of Wellington Back Road, St. George's, deny conspiring together to defraud the Accountant General between 1993 and 1995.

The Crown claims the pair filed invoices for work that was never done netting a total of $720. It is also alleged another $1,140 or $1,240 claimed for was not handed over.

Yesterday Mr. Hall and Philip Storr, for the Crown, both summed up their sides of the case which hinges on allegedly false taxi chits certified by Horton.

Mr. Storr told the court: "We seek to prove that the two defendants made an agreement that they would dishonestly claim money from the Government.'' He said Horton was in a position of trust and had the authority to spend public money without someone looking over his shoulder.

"Because of that, any agreement to dishonestly deprive Government of money whether it is $60, $600 or $6,000 is a very serious breach of trust indeed.'' Mr. Storr said that Dowling, who is not legally represented, had not challenged any evidence against him.

"I say there is evidence that he knew of and was participating in an illegal activity in obtaining money from Government,'' added Mr. Storr. "Explanations given by the defendants do not hold water. It is clear that the two have conspired together to make a scheme.'' Mr. Hall, who represents Horton, a former Government school principal, said the prosecution had to prove "beyond reasonable doubt'' that the defendants were guilty, but had failed to do so.

He also accused the Crown of "taking a cavalier approach'' to the case and its research.

Mr. Hall added: "Randy Horton had wide latitude and was answerable only to his Minister through the Director of Tourism.

"Tourism is a networking, orientation business, about sales, about personalities, about marketing and hospitality and freebies.

"It makes sense that someone in Randy Horton's position should be given wide latitude.

"Maybe this trial points up a certain laxity within the department which the Accountant General needs to know about.

"Maybe it requires a look, but this is not what this case is about. We have to take the procedures as they stood at the material time and at that time Randy Horton was given wide latitude.'' Mr. Hall said the prosecution had a "flimsy case'' and that there were a "host of innocent explanations''.

"The prosecution seeks to prove conspiracy by inference, but there is no basis for the drawing of that inference.'' Mr. Francis adjourned the case until June 2 for judgment.