investigating officer is sick and the other for the availability of a judge.

Paco Talieph Fubler nodded and said "yes ma'am'' when Puisne Judge Norma Wade Miller told him his trial for the nearly six-year-old murder of golf caddy Brian Earl Sherlock was adjourned until March 1.

Crown counsel Peter Eccles told Mrs. Justice Wade Miller his star witness, was sick with a suspected case of rheumatic fever.

"This is a statement case, my Lady,'' Mr. Eccles said, hinting at the role the officer played in compiling the case against Fubler.

Mr. Eccles said doctors do not know exactly what is wrong with the Policeman, but that the sickness "waxes and wanes'' and the man has been in and out of hospital.

He added that even when the officer is on his feet, a short walk "completely exhausts'' him and he often sleeps for 18 to 24 hour periods.

Mr. Eccles said if a trial were to begin and he called other witnesses, including an overseas expert who arrived over the weekend, he would "be crossing my fingers'' the officer would be well enough to take the stand.

If he were not, Mr. Eccles said he would be forced to ask for a mistrial.

Lawyer Marc Telemaque, representing Fubler, told Mrs. Justice Wade Miller he had no objections to the adjournment, but he may bring it up when he is expected to challenge the case, particularly the delay in laying the charges.

And in the other case, 43-year-old Noel Kenneth Bascome will return to court on March 1 to receive a new trial date for causing the death by dangerous driving of Sybil Aileen Belboda on December 28, 1998.

His trial had also been scheduled to start yesterday, but all of the judges are understood to be engaged.