potential danger to other road users, according to the officers who stopped him.

Det. Con. David Small then acted suspiciously by failing to wind down his window, hopping on one leg and stumbling when one of the officers questioned him, they claim.

He was arrested on suspicion of driving while impaired by alcohol or drugs but the charges were dropped when he was taken to Hamilton Police Station and recognised as a Police officer.

One of the officers, former P.c. Steven Donnelly has been accused of depriving Small of his liberty and using offensive words by calling him "a kaffir''.

Former British Policeman Donnelly, 29, has been unemployed since his contract was not renewed in July after five years on the Bermuda Police Force. He has denied both charges, claiming he did everything by the book.

But he admitted that if he had known Small was a Policeman he probably would not have arrested him.

The Magistrates' Court prosecution results from an incident on South Shore Road, Southampton, on March 22, this year. Donnelly and P.c. Adrian Brewer were in a marked Police car heading to another incident.

Brewer drew Donnelly's attention to a white Mazda car in front of them travelling slowly. Donnelly told the court yesterday: "It was travelling at a slow speed. It crossed the centre line of the road twice but when the vehicle straddled the line on a straight stretch of road I told Brewer that we had to stop the car. I was concerned about the safety of other road users.'' He claimed Small only wound the window down after he was asked. He said: "I have had quite a few people who tried to talk to me through a window so I could not smell their breath.'' Small said that he had not been drinking and was a teetotaller, but told Donnelly that he had just been to the Henry VIII restaurant and bar.

Donnelly asked Small to get out of the car. "He told me he could close his eyes and touch his nose with his finger. He touched his nose but his eyes were open.

"He then attempted to stand on one leg but lost his balance and stumbled backwards. I asked him to breath in my face. I could not smell alcohol but he stumbled backwards.'' Brewer went further and said that Small was almost hopping on one leg before he stumbled.

Donnelly said: "There are no roadside tests in Bermuda. It is a judgement call. I came to the conclusion that he was driving while impaired.'' Small was arrested and taken to Hamilton Police Station. He never mentioned he was a Police officer. When they arrived he was recognised by other Police officers, but he demanded to take a breathalyser test, which proved negative.

Under cross examination from prosecuting Crown Counsel Mr. Melvin Douglas, Donnelly said: "Rightly or wrongly, when it comes to traffic matters Policemen give other Policemen breaks.'' Donnelly denied accusations by Mr. Douglas that he had lied about Small stumbling and that he had called him a kaffir.

The case is expected to conclude today.