Assistant Justice Archie Warner blasted the office of the DPP yesterday for "bad practice and procedure".

Crown counsel Graveney Bannister received the tongue-lashing from Mr. Warner after he was unable to provide an antecedent history in the case of Kyle Tannock Williams and Bennett Alexander Phipps - a case which has been dragging through the legal system for almost two years now.

Williams and Phipps are accused of robbing Durnell Smith on August 9 of 2001. Both originally denied the charges, however their trial has suffered more than one false start after they had problems acquiring legal counsel.

During the monthly arraignments session for this May both men said they had acquired counsel, and Chief Justice Austin Ward set their trial date for August 5. However the accused protested, wanting the trial to be over and done with after having already spent almost two years in custody.

Mr. Ward promised the court would search for an earlier trial date, giving the men four days notice if one was found. May 19 was made available for the trial, however when Phipps and Williams appeared in court on Monday they said they had not been informed of their new trial date until that morning. As they were unaware of the new date, so were their lawyers, who were not in court.

A frustrated Mr. Warner released the jury panel and gave Mr. Bannister until that afternoon to coordinate with defence lawyers. On Monday afternoon lawyers Larry Mussenden appeared on behalf of Williams, and Michael Scott on behalf of Phipps.

However with Mr. Bannister saying the DPP wished to amend the indictment and no jury to hear the trial, Mr. Warner adjourned the matter until yesterday afternoon.

It finally appeared to be smooth sailing for Williams and Phipps yesterday afternoon. Mr. Bannister amended the indictment from two charges of stealing and assault to one charge of robbery, and both men changed their pleas to guilty, so there was no longer a need for a jury. In anticipation of sentencing the two, Mr. Warner asked for the antecedents history from Mr. Bannister - only to be told it was unavailable.

"This is unacceptable," Mr. Warner said.

Mr. Bannister protested, saying the DPP were reliant on the Police and although the investigating officer had been informed he was not present in the courtroom.

"Your problems are not my business," replied Mr. Warner.

Mr. Warner attempted to set the matter down for sentencing for this morning. However Mr. Bannister said he had a prior court engagement, Mr. Scott said he was due in the Senate, and Mr. Mussenden said defence lawyers would want to see the summary of evidence before sentencing.

Mr. Warner then set the matter down for sentencing at 2.30 this afternoon.