A misunderstanding about the rules governing Preliminary Inquiries (PI) in Magistrates' Court led to a legal showdown.

Lawyer Ann Cartwright got Magistrate Edward King to explain that he had never banned the media from his courtroom -- as had been broadcast on Friday.

And Mr. King explained his powers on restricting the public from certain hearings.

And he spoke of his concern that the media not report certain facts aired out during PIs.

Two men, Kirk Roberts and Alphonso Holder of St. Vincent and the Grenadines were the subject of a Long Form Preliminary Inquiry before Mr. King which continues today.

As their case began a sign excluding the media from the court appeared on its front door and the gallery was cleared of spectators.

After lunch, a Royal Gazette reporter sat through two unrelated hearings before the court -- including the media -- was cleared again.

Gazette editor William Zuill then attended and was refused entry.

After some time the pair was allowed in and Mrs. Cartwright DeCouto rushed into the courtroom with a flourish. Mr. King continued with the case.

Once the hearing was over Mr. King noted their presence and said: "There may have been a misunderstanding about the press and the court. For the record the press has never been shut out of this court.'' Mrs. Cartwright said that not only was there a "very loud and clear'' sign on the door but the reporter and editor had been "shut out'' by "the court''.

Mr. King paused and said "that would have been hearsay'', spelling the word out letter by letter.

"When this court was cleared out this morning no member of the press was here,'' he said.

He added that it was his practice to clear the court on sensitive matters, to avoid the possibility of relatives or friends of people involved hearing testimony.

"I did not make any order that the press be excluded,'' he said after reading Section Eight of the Indictable Offences Act giving him the power to exclude anyone from a preliminary inquiry.

Mr. King added: "If you doubt me, ask the defendants. Nobody told the press they can't come in. I didn't say boo to the goose.'' It was at that point that the officer who had given the reporter instructions acknowledged being in error.

"It may be troublesome that whenever this court is closed (for preliminary inquiries or sex assaults and cases where sensitive information will be aired) the practice in recent years is there are pre-made signs,'' he said.

The signs are to prevent people from accidentally walking into the court, not only disturbing the proceedings but also hearing evidence.

Mrs. Cartwright then acknowledged the magistrate's power on excluding the public but pressed further on the right of the media to sit in on cases even if they do not report on them.

"I want to make it absolutely clear if this is about whether the press may be able to report what they deem what's of the public interest,'' she said. "Or, is this about a jot (of writing) or just part of a jot?'' "No, no, no,'' Mr. King replied. "They may report nothing that is evidence which may be used in the Supreme Court. This is a preliminary, repeat, a preliminary inquiry.

"If they are going to report what is said by witnesses, that is out! That would be destroying the principles (of justice).'' Mr. King had allowed Principal Crown counsel Dorien Taylor's request that the PI be held behind closed doors, a request that defence lawyer Mark Pettingill did not object to.

Edward King