A prosecutor applied for a trial to be aborted citing a Magistrate's initial involvement as a "point of appeal" if the defendant is convicted.

Larissa Burgess yesterday put in the application to have the trial of be Kyril Burrows stopped and be heard before a different Magistrate.

Burrows, a former Government architect, being investigated over the alleged misuse of public funds was accused of defrauding the company he worked for after he left Government of almost $10,000.

The 46-year-old has been at the centre of a probe by the Police and Auditor General for several months over building contracts relating to his time as a Government architect.

Last week his trial in Magistrates' Court began where he is accused of forgery and making a false representation to defraud a private firm, Compass Holdings.

Yesterday, Ms Burgess cited her reason why she felt Acting Magistrate Shade Subair shouldn't continue with the trial.

"There's nothing stopping the defendant from appealing on this matter that your worship sitting on this matter is biased. As I stated, given the advice that you had given to Mr. [Elvin] Binns on another matter which [may be] related. In essence, that would be the substance of my submission to you."

Ms Subair asked if the defendant didn't take any concern to prejudice, would the problem be fixed and Ms Burgess said no.

Ms Subair continued: "The second point is that if the defendant is acquitted, what position does the crown find itself in having voiced concern that there appeared to be a conflict?"

Ms Burgess said she had difficulty answering the question.

Burrows' lawyer Richard Horseman said his client had no problem with Ms Subair continuing with the trial.

"In my mind, I think what would be more unfair having gone through putting our case, surprising Mr. Binns on several things and having the case stop now and giving Mr. Binns a second bite at cross-examination, I think when you balance that, we both sit here and as far as I'm concerned, the Crown and myself, I'm satisfied that you can do the case fairly."

Ms Burgess added: "This is not a matter of yourself being biased. My concern is that if the defendant is convicted, he can raise this as a point of appeal."

Ms Subair reserved her judgement for a later date.

Earlier in the day, Burrows took the stand and said he was a director of Compass Holding Ltd. as soon as he left his job at Works & Engineering.

He said the companies were first discussed in July 2007 at a meeting at North Rock Brewery with Mr. Binns, Tyrone Sampson and David Brown.

"At the meeting, we discussed the formation of one company and then a group of companies. We were told we could only function as advisers as that point, we were still working for Works and Engineering.

"The plan was to make a transition to the companies in the future when we left Works and Engineering. The model was going to be based on the MEF restaurant group which had several restaurants under the name of one holding company."

He said the shares would be divided equally among the men.

Burrows said four companies were incorporated at that time — Compass Holding Ltd., All Foods Ltd., Bermuda Roofing and Tanks Ltd. and All Maintenance Ltd.

He worked for Government until July 4, 2008 and started as the general manager and working director of Compass on August 4, 2008.

Asked who signed documents making him a director, Burrows said: "Mr. Sampson and Mr. Binns."

Mr. Horseman then said: "You have heard Mr. Binns say he doesn't know how his name got on those documents. Can you explain that?"

"He signed it in my presence", Mr. Burrows said.

According to prosecutors, Burrows, from Southampton, asked to be reimbursed for almost $10,000 of software he never bought.

He denies charges of forging two sales receipts and making false representations to Compass, where he worked as general manager.

The trial continues.