A 51-year-old man claimed yesterday that the statute of limitation had expired and the Supreme Court had no jurisdiction to continue with his trial for stealing yesterday.

Clinton McDonald Smith, of the Salvation Army Shelter in Pembroke, who was not represented by legal counsel, said the prosecution had taken too long to provide information for the case and cited the Criminal Code.

Smith said that he wasn't told until November 8, 2003 that the prosecution had gathered information for the incident that allegedly occurred on May 20 that year.

Smith pleaded not guilty to stealing a money bag, which contained $700, a Bank of Butterfield cash card and cheques, which brought the total value of the theft to $805. He chose in November last year that his trial be heard in the Supreme Court.

"I'm asking for a judgment in my favour," Smith told Chief Justice Richard Ground.

Mr. Justice Ground explained the information was laid in plenty of time.

He said: "I admit that this has been delayed a bit but it was still within six months.

"This came to the Supreme Court by the defendant and it could have been dealt with more swiftly in Magistrates' Court, but it is the defendant's right to have a trial here."

Smith's trial was delayed yesterday because the only witness had to be flown out for emergency surgery.

He was released on $1,000 bail and was ordered to appear for mention on June 1.