An alleged spat between a tourist and a taxi driver sparked a court room row ? leading to a magistrate refusing to accept a guilty plea and telling off a lawyer for offering it on behalf of his client.

Now instead of enjoying the last day of his holiday, 41-year-old Richard Kaoru Momiyama will today appear before Senior Magistrate Archibald Warner for trial on an assault charge.

Yesterday Crown Counsel Graveney Bannister told Magistrates' Court that Momiyama had arrived at Bermuda airport at 12.30 p.m on Wednesday from New York.

He alleged that Momiyama, 41, of Bethune Street, New York, left the airport in an agitated manner and got into an argument with taxi driver Leon Eugene Smith, 73.

Mr. Bannister said Mr. Smith took the tourist's luggage out of his vehicle and put it on the ground. The driver then allegedly sustained a scratched arm during a dispute with Momiyama, and complained to the Police.

Defence lawyer Larry Scott said his client arrived in Bermuda on a package tour and had a voucher for Mr. Smith to drive him to his destination ? but Mr. Smith thought he closed the door of his cab too hard. "He took my client's luggage out of the car and said he would not take my client. My client said 'you have to give me my voucher.' When my client put his luggage back in the car the little metal pieces on his luggage caught Mr. Smith's arm," said Mr. Scott.

He explained that Momiyama, who is staying at the Southampton Princess Hotel, intended to leave Bermuda tomorrow.

Momiyama initially pleaded guilty to assaulting Mr. Smith causing bodily harm, but after a court room exchange between Mr. Scott and Mr. Warner the plea was changed to not guilty.

Mr. Scott said his client was due to leave Bermuda tomorrow, but had spent most of his vacation so far dealing with the allegation against him. He explained he had therefore advised him to plead guilty so he could enjoy the rest of his trip without it being marred by an impending trial.

Taking umbrage at this admission, Mr. Warner stormed: "That's bad. That's ridiculous. You are missing the point. It's probably in breach of the Bar rules for you to advance guilty when there's a defence ? advance it merely for convenience."

An unrepentant Mr. Scott replied: "Well, I have done it before." He claimed it was difficult to get speedy court dates for defendants from overseas.

Mr. Warner pointed out that the charge was a serious one, and punishment could include prison.

Momiyama ? wearing a Bermuda-patterned palm tree and onion tie ? stared at the floor as the lively exchange continued between the pair, and Mr. Warner said he had difficulty accepting the guilty plea.

"Then you really create a difficulty!" said Mr. Scott. "ME create a difficulty?" asked an incredulous Mr. Warner.

"It's a rather silly incident," shot back Mr. Scott ? earning a rebuke from the Magistrate: "Please don't make comments like that. You have no right at all in this court to advance a guilty plea."

Mr. Scott switched tactics, asking if his client could be given a trial date at the earliest opportunity. The pair eventually agreed that Momiyama would go on trial at 11 a.m today.

After setting the trial date, Mr. Warner did not let the matter drop without defending his ability to organise swift trials.

"I take it personally when you go around trying to malign this court," he told Mr. Scott. "There's only one person who schedules trials and that's me. There's no backlog in this court and I don't tolerate foolishness."

Speaking after the case, Mr. Scott said he was more concerned about his client, than about Mr. Warner's rebuke.

"If he wants to admonish me, that's alright. I'm a big boy," he told

Momiyama was granted $1,000 bail and ordered to surrender his travel documents.