case of playing music too loud at Hawkins Island.

Magistrate Edward King ordered the new trial date after rejecting an attempt by Brannon's lawyer, Paul Harshaw to have an unconditional discharge handed down.

Mr. King rejected the attempt, saying: "I'm not going to grant a section 64 (of the Criminal Code). This is not a matter that will end here. What happens if the matter comes back before the court (if I've already said no punishment)? "I'm not going to try this either. I'll set the trial in another court,'' he added.

Brannon denies operating the sound system for the `Don't stop the Party' at Hawkins Island so that it could be heard at more than 60 feet away between 6 a.m. and midnight on July 29.

On October 20 Brannon was not required to sign for bail but Mr. King set bail at $500 after Mr. Harshaw explained he missed Monday's trial because his previous lawyer explained he did not have to attend what was expected to be a move by the Crown for an adjournment.

Mr. King appeared to accept the explanation, but he quipped: "All lawyers are good lawyers -- but some are better than others.

"Counsel know they can't tell people they don't have to come to court.

Otherwise they wouldn't be acting as an officer of the court.''