apple from a bus which hit a visitor riding a scooter.

And Family Court Magistrate Carlisle Graves slammed both Police and the Police Prosecutor for what he called a "slack'' job in presenting the case before sentencing the youth to community service.

Evidence was heard from the prosecution's key witness, another youth who was on the bus at the time of the incident which occurred in the morning of October 12 on South Road in Warwick.

The 15-year-old witness said before he alighted the bus at Warwick Camp, he saw the defendant throw an apple out of the bus window and hit somebody.

The defendant then cross examined the witness and asked why Police had come to his school.

He replied: "Because they said that you said that I threw the apple.'' The defendant's mother stood up and asked several questions and put it to the witness that he threw the apple but he denied these allegations.

Mr. Greaves then explained to the defendant his right to give evidence or say nothing.

He elected to give evidence and claimed the witness threw the apple out of the bus window.

He said the tourist turned around and followed the bus, but the witness had got off and was half way to school before the victim got on and confronted the youths at the rear.

The Police then arrived, took four of the kids off the back of the bus and asked who threw the apple.

Police Prosecutor Phil Taylor questioned the defendant and asked him why he did not tell Police his side of the story when he went to Somerset Police Station for questioning.

He said he did not want to get the witness in trouble.

But Sgt. Taylor said he was in trouble at the Police Station and it was an ideal time for him to attest to his innocence, and he suggested the defendant made up the story of the witness throwing the apple to protect himself.

He denied these allegations.

The court adjourned to deliberate and 20 minutes later they reached a decision.

Magistrate Greaves said: "We are not entirely happy with the way in which this matter was handled by the Police. We would have liked a clearer case to be presented.'' He said: "In my opinion it is sheer slackness on the part of the Police.'' "The prosecution's key witness says he did not know the accused until that day and you have a situation where he is the only witness the prosecution is relying on, and the accused was saying nothing.

"If it had continued in that vein, the case would have failed.

"The only reason it is stacking up today is because the defendant identified himself on the scene.

"If he had closed his mouth and kept quiet, the case would have collapsed.

He said: "The case comes down to who threw the apple.'' Mr. Greaves said the witness had been consistent in his story from the beginning and said of the witness: "We looked at his demeanour and there is nothing to suggest he was confused or mistaken therefore we accept his testimony.'' He said of the defendant: "We are not satisfied the defendant has raised enough doubt and we are satisfied that the accused is guilty of assault.'' Mr. Greaves then criticised the prosecutor and said: "The case would have been a lot simpler if the prosecution had done its case properly,'' He added: "It is a case of the defendant himself winning the prosecution's case.'' Before sentencing, Mr. Greaves asked to see the defendant's Police record as he is currently under the care the department of Child and Family Services.

This needed to be faxed to the court as Sgt. Taylor did not have a copy and in the break, victim Mr. Freddilino stood up and said in his country the magistrate asks the victim for his opinions on sentencing.

Mr. Greaves said this does not happen in this country, but indulged Mr.

Freddilino for a few minutes.

Mr. Freddilino said: "I suggest you use the stocks in St. George's and take a picture of him locked up and put it on the front of the newspaper and on the news.'' The boy's record arrived via fax and the court heard he had several previous convictions and was currently committed to an approved society for two years for offences ranging from cannabis possession to breaking and entering.

Mr. Greaves asked the defendant what his punishment should be and he suggested community service.

Mr. Freddilino pipped in again and said he thought the defendant should be made to wear a red suit and walk up and down Front Street cleaning up trash.

A representative from the department of Child and Family Services said community service means usually being sent to nursing homes or Agape house.

But she suggested he start by apologising to the court and the victim as well as do a lengthy research paper on violence, peer pressure, use of weapons and so on.

After further deliberation, Mr. Greaves sentenced the youth to one month of community service under the direction of the director of Child and Family Services, to be carried out during the course of his present committal, and within the next three months.