Prosecutors were left red-faced and impotent in Supreme Court yesterday when the case against two men charged with robbery collapsed due to lack of evidence.

Michael Puckerin and David Cox were found not guilty by a jury on the first day of their trial when only two of the Crown's three witnesses made an appearance in court. One refused to give evidence, while the other's evidence was found to be insubstantial.

Mr. Puckerin and Mr. Cox were charged with beating and robbing Usecto Durrant at about 3 a.m. on November 10, 2003 outside the Spinning Wheel nightclub on Court Street and stealing a gold chain valued at about $10,000.

During the first ten minutes of trial yesterday morning, the jury was excused as evidence was presented to Puisne Judge, Charles-Etta Simmons by Mr. Cox's attorney, Craig Attridge, that there was no proof to suggest that his client had been anywhere near the scene when the robbery took place.

The jury was called back to court and advised by Justice Simmons to find Mr. Cox not guilty.

Crown Counsellor, Graveney Bannister's first witness to the stand earlier in the morning, Detective Constable Alan Looby Jr. claimed he witnessed the beating.

But Justice Simmons excused the jury shortly after Det. Con. Looby took the stand for legal deliberation.

Mr. Puckerin's lawyer, Elizabeth Christopher questioned whether or not the officer had identified Mr. Puckerin on the morning of the incident as opposed to after the fact ? since he knew Mr. Puckerin's brother and was the investigating officer in the case.

Once the jury returned to court in the afternoon, the Crown's only key witness and the plaintiff in the case against Mr. Puckerin ? Mr. Durrant ? got on the stand and told the court he would not be giving any evidence against Mr. Puckerin.

Upon questioning by Mr. Bannister, he said he had not been intimidated.

The court was left in stunned silence as Mr. Bannister threw his hands in the air and sank back in his chair.

Justice Simmons had no choice but to advice the jury to also find Mr. Puckerin not guilty.

Afterwards Mr. Bannister told that witnesses had a civil duty to give evidence at trial and there was not much he could do when one of his key witnesses was out of the country and the other refused to give evidence.