about the defendant.

Arnold James Todd denies failing to pay Frederick Leonard Hendrickson for a piece of land and for building materials for a separate property in the 1980s.

But Todd -- after a failed application to adjourn for further preparation time -- yesterday asked Puisne Judge Richard Ground to remove himself from the proceedings.

He pointed out that Mr. Justice Ground had already presided over Todd's lengthy, 1996 criminal trial.

Todd, a former senior loans officer at the Bank of Bermuda, was cleared of six theft charges in November, 1996. Eleven other charges were dropped after the jury was unable to reach a verdict.

"It would provide an opportunity for a fresh mind in this matter,'' said Mr.

Todd.

"...it is not only in the interest of justice that this be done,'' he continued.