The question of whether expert witness testimony is allowed in child sexual abuse trials in Bermuda is under debate in Magistrates' Court this week.

As the sexual exploitation trial of a 31-year-old St. George's man continues, legal arguments and delays have consumed the bulk of the proceedings. The man is accused of fondling a six-year-old girl, who is known to him through his wife, on three separate occasions.

This morning Acting Magistrate Justin Williams is expected to give his decision on whether to allow the testimony and report of child psychologist Dr. Ann Dell Duncan with regards to the victim.

Dr. Dell Duncan told the court the case represents the first time she has ever been called to give evidence relating to the sexual abuse of a child in a Bermuda court.

The psychologist was called to the witness box on Wednesday but has only offered minimal testimony as legal arguments over the extent to which she can testify have dragged on. The trial is also under constant interruption from other court business in busy Magistrates' Court.

As the trial is set to stretch into its fourth week both Mr. Williams and Dr.

Dell Duncan, on Wednesday, offered to continue the trial outside normal court hours -- beginning as early as 8 a.m. and sitting past 5 p.m. -- in order that it proceed in a timely fashion.

However, this situation was not conducive to the schedules of the lawyers involved -- Crown counsel Juan Wolffe and defence attorney Liz Christopher.

The key issue over whether Dr. Dell Duncan -- who examined the girl following the sexual assault complaint at the request of the parents and has been treating her ever since -- can offer evidence centres around whether her testimony would amount to hearsay.

Ms Christopher has argued that Dr. Dell Duncan can only speak to matters which have already been stated in court as accepted evidence -- testimony that has already been made by the child and her mother.

Dr. Dell Duncan's report, "rather outrageously, I suggest, purports to what is the job of the magistrate in this incident,'' she said.

However, Mr. Wolffe has argued special allowances must be made given that the trial involves a young child. He said, he sought only to elicit statements from Dr. Dell Duncan with regards to the alleged victim's behaviour and assessments made based on that behaviour.

Yesterday Mr. Williams appeared to support Ms Christopher, saying: "I have heard direct evidence from (the girl), we don't need to have that evidence supported or bolstered by someone else.'' However, he adjourned the trial to examine Dr. Dell Duncan's report and consider the arguments presented by counsel.

Dr. Dell Duncan's limited testimony has been that she was contacted by the girl's parents on September 9, 2000 and set a meeting date with the parents and the girl for two days later.

She told the court that she interviewed the parents first in order to find out what they knew. She then interviewed the girl and asked questions in order to establish her academic level and memory capacity.

Dr. Dell Duncan told the court the girl told her something which caused her to terminate her initial interview.

"It is my customary procedure to videotape when there are allegations of abuse presented by a child,'' Dr. Dell Duncan said.

She said that she and the child then proceeded to Child and Juvenile Services -- separately from the parents in order to avoid "contamination'' -- and the interview proceeded there while being videotaped.

The trial resumes today.