A judge yesterday dismissed a traffic charge against a Devonshire woman because of bureaucratic bungling.

Janene Whitter was charged with driving without due care last January but did not come up for trial until 11 months later, Supreme Court heard.

When she appeared for trial in Magistrates' Court, her lawyer argued that the prosecution had exceed the six-month statute of limitations and the certificate extending it had been signed by the wrong person.

Yesterday, Chief Justice Austin Ward upheld the appeal, saying only Director of Public Prosecutions Khamisi Tokunbo had the authority to sign the certificate unless a notice giving another official permission had appeared in the Official Gazette.

In Ms Whitter's case, the certificate was signed by Senior Crown counsel Juan Wolffe in Mr. Tokunbo's absence, but no notice had been published giving him permission.

During the appeal, Crown counsel Oonagh Vaucrosson told the court: "It was in fact Mr. Wolffe's right to have signed the certificate."

But Mr. Justice Ward asked: "How do we know that it was Mr. Wolffe's right to have signed the certificate?

"How do we know that the delegation has taken place? And where is the proof of delegation? We have the right to know."

Mrs. Vaucrosson said Mr. Wolffe had the power to sign "when it is vested in him".

Mr. Justice Ward said power has to be established and also that the public must know. He added: "There is only one Government in Bermuda and only one Crown."

Lawyer Paul Harshaw, representing Ms Whitter, told the court the case had passed its six month statute of limitations and if it was to be extended then it should have been signed not by Mr. Wolffe, but by Mr. Tokunbo.

Ms Whitter was accused of driving without due care but when she appeared with Mr. Harshaw in Magistrates' Court on May 6, 2001, the Crown could not offer any evidence.

Ms Whitter was then summoned to appear on November 10, 2001 when Mr. Harshaw objected to the trial, saying it had already passed its statute of limitations. The case was then referred to the Supreme Court.

Mr. Ward ruled in favour of the appeal and will give his reasons later this week.