Senior Magistrate Archie Warner scorned Crown prosecutors for bringing a schoolboy to trial for assault after a bathroom brawl at school yesterday.

"Are you going to put every fist-fight in schools in this court?'' Mr. Warner asked junior Crown Counsel Wayne Caines.

"This isn't a case with a razor; it's a fist fight. I'm not condoning this behaviour. It's ridiculous, but are we going to put fistfights in court every time? If so we should set up another court right now. It's foolishness.'' Sixteen-year-old David Antoine Trott pleaded guilty to the charge of assault on a 15-year-old school mate.

The court heard that Trott asked the victim if he wanted to fight but the boy replied "no''.

Trott and some of his friends then followed the victim and his friends to the bathroom.

Trott went in the bathroom after the victim and called him names and then punched him on the forehead and around the face resulting in swelling and bruises to the boys forehead, left cheek, nose and upper lip before the victims friends managed to break up the fight.

The victim was taken to King Edward VII Memorial Hospital for treatment.

Trott admitted causing injuries to the boy when questioned by Police.

When Mr. Caines asked to include photos of the boy's injuries in the court record, however, Mr. Warner intervened.

"This court is a court that convicts people. How can we talk about not convicting young people and at the same time be trying them for fighting in the criminal courts? I don't understand the prosecution's policy,'' he said.

"This is a fist fight. If that happens ten times a day in school, will we then have ten trials?'' Mr. Caines attempted to argue that given the severity of the victim's injuries, the assault charge was warranted. "We have a responsibility in the community,'' he said.

Duty Counsel Paul Harshaw argued on Trott's behalf that his mother had already arranged for anger management counselling for the boy.

Mr. Warner then interjected ordering a social inquiry report into Trott's situation and repeating his conviction the matter did not belong in criminal court.

"I'm not attempting to condone this behaviour generally or even in this case but we know what goes on in schools. Do we want very young people being prosecuted criminally?'' Mr. Warner said the matter was more a disciplinary one of schools rather than something that belonged in court and could ruin a young person's life with a criminal conviction.

"Why put this in the courts? It's a total waste of resources and mismanagement on a policy basis.'' "This is not a play court,'' he added.

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