Industrial Union meeting, Magistrates' Court was told yesterday.

BIU president Mr. Ottiwell Simmons testified that although Mr. George Rushe was apparently a BIU member at the time of the July 2 meeting, he was "a secret agent,'' with no right to attend.

But Mr. Simmons said he did not order anyone to eject Mr. Rushe. "Nobody should be thrown out of meetings,'' he told the court.

Collin Simmons of Friswell's Road in Devonshire, the BIU's treasurer, is charged with assaulting Mr. Rushe, violently interfering with the free exercise of his political liberty, behaving in a threatening manner, and using threatening behaviour at a public meeting whereby a breach of the peace was likely to occur.

Mr. Rushe, a former Police prosecutor, laid the charges privately and is prosecuting the case himself. He completed his case yesterday and Senior Magistrate the Wor. Will Francis adjourned the matter until March 23, when the defence is to present its case.

Mr. Rushe, of Paget, said he joined the BIU in July of 1991 because he felt it was "the one organisation that would protect me.'' Then, on a July 1, 1992 television newscast, he heard Mr. Simmons invite "all members'' to attend the headquarters at 9 a.m. the following day for "the most important meeting in the history of this organisation.'' The meeting was held near the climax of last summer's labour strife that grew out of a dispute between the BIU and Bermuda Forwarders.

Shortly after arriving, he said he was confronted by Collin Simmons, who shouted: "Out, get out.'' Mr. Rushe said he protested that he was a BIU member, but Simmons called him "a journalist spy,'' and warned: "If you don't get out, I'll throw you out.'' When Mr. Rushe stood his ground, Simmons grabbed him tightly by the right arm and pushed him out of the door of the meeting room, he said. At the doorway, Simmons kicked him, though "I cannot say that that was deliberate,'' he added.

In the foyer, Simmons ordered him downstairs, but Mr. Rushe said he insisted they go down together because "he was going to kick me down the stairs once I turned my back.

"At the bottom of the stairs, within a few paces of the main entrance, he gave me a shove in the middle of the back,'' Mr. Rushe said. "He shoved me toward the door.'' Mr. Rushe said he suffered minor bruises but did not require hospital treatment.

Mr. Ottiwell Simmons, who was called as a prosecution witness, testified that Mr. Rushe appeared to be a BIU member at the time of the alleged incident, based on a membership card and cancelled cheques produced in court.

But journalist union members, including those who work for the Bermuda Broadcasting Co. Ltd., do not attend BIU meetings which are not open to the Press, he said. The July 2 meeting "was certainly not for journalists, certainly not for informers such as Mr. Rushe.

"I felt that we had every right to protect the union and its members against people like Mr. Rushe,'' who would pass information to those who would harm the union, he said.

Mr. Simmons said he was suspicious of Mr. Rushe's motives for joining the union. The first time Mr. Rushe introduced himself at union headquarters and announced he had joined the BIU, he said: "He had a bet with (Independent MP Mr.) Harry Viera that he could not get the financial statements of the BIU,'' Mr. Simmons testified.

Mr. Rushe later indicated to the court he made the comment in jest. After that meeting, Mr. Simmons said Mr. Rushe repeatedly approached him about viewing the BIU's financial statements, and he directed him to the Registry General or BIU treasurer Collin Simmons. "I never refused him the books,'' he said. On one occasion, Mr. Rushe visited Mr. Simmons at home and offered to secretly carry messages for him to the Governor or other high officials, Mr. Simmons testified.

"I felt a little bit betrayed by this behaviour,'' Mr. Simmons said. "I drew the inference that he was a secret agent not for me, but for others.'' Mr. Rushe said he approached Mr. Simmons at the request of a senior BIU official.