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?Everything up in air? as trial put on hold

No indication has been given as to when the suspended trial of six former narcotics officers accused of assault will resume.

The high-profile Magistrates? Court matter was sensationally halted by Chief Justice Richard Ground on Monday after a bitter legal tussle between the Department of Public Prosecution and Senior Magistrate Archibald Warner reached an impasse.

The row centres on Mr. Warner?s refusal last week to grant the Crown?s request for an adjournment in order to allow one of their key witnesses - overseas forensic pathologist Valerie Rao - to travel to Bermuda to give evidence tomorrow.

Lead Crown counsel Carrington Mahoney also asked for an adjournment on the basis that he was involved in a Supreme Court murder trial this week, which took precedence over proceedings in the lower court.

Labelling the Crown?s stance as ?contemptuous?, Mr. Warner ordered the trial should continue first thing on Monday morning, arguing he had given both sides ample opportunity beforehand to highlight any potential problems they might encounter which might prevent the trial concluding without interruption.

But in a dramatic step on Monday evening, Mr. Justice Ground ordered the Chief Magistrate to adjourn the case to allow the Supreme Court murder trial to proceed - stating that the assault trial would have to be rescheduled for a later date.

Speaking to The Royal Gazette yesterday, defence lawyer Larry Scott said he had ?no idea? when the trial would recommence - adding that all involved must now patiently wait for word from Mr. Justice Ground. The defence, led by Mr. Scott and Allan Doughty, made it clear since the possibility of an adjournment was first mentioned last week, that their clients were anxious to conclude the matter as ?expeditiously? as possible, so as to remove a cloud which has been hanging over their heads since they were first charged in March.

?I am still waiting for a copy of the order from the Supreme Court,? Mr. Doughty said.

?Until I get it and it is made clear when the trial will be rescheduled, everything is up in the air. My clients are disappointed. These guys are professionals and they want to return to work and get on with their duties.?

Jamiko Tucker, 27, Allan Miguel, 40, Kirley Mitchell, 31, Andrew Woolridge, 32, Antoine Fox, 37, and David Bhagwan, 30 are charged with assaulting former Dunkley?s Dairy employee Michael Madeiros, who is currently serving a ten-year sentence for conspiracy to import more than $2 million worth of cannabis. All six were removed from the narcotics department on being charged and have been fulfilling non-operational duties since then.

Madeiros claims he was viscously beaten and tortured during his three days in custody in late October, 2003 - calling on a number of witnesses and using photographs in an attempt to prove it.

The Police officers, by contrast, claim Madeiros attempted to flee not long after his arrest and sustained the injuries as a result of a fall and the subsequent tussle with those attempting to restrain him.

Dr. Rao, who is the Bermuda Police Service?s own forensic expert, is expected to testify that in her opinion, the injuries were consistent with repeated blows to the body and not a fall.

The defence, however, will be calling their own forensic expert to refute Dr. Rao?s claim.