Pandemonium erupted in the lower court yesterday as two magistrates argued over who should hear the case of a Warwick woman charged with driving without due care and attention. Defence lawyers Saul Froomkin QC and Crown counsel Juan Wolffe dug in their heels and refused to budge over Magistrate Edward King?s demands that the trial of Melanie Wedgwood start in his courtroom and all involved move from brother Magistrate Will Francis? courtroom.

Wedgwood was charged on August 7, 2003 with driving without due care and attention after an accident on a pedestrian crossing in St. Mary?s Road in which six-year-old Tyaisha Cox died. At one stage yesterday the accused and Margaret Moore, Tyaisha?s mother rushed between the two courtrooms, unsure as to which one they were supposed to be in.

In the day?s most dramatic moment, Wedgwood?s lawyer, Saul Froomkin QC entered Mr. King?s courtroom ? into which she had quietly slipped while arguments were going on in Mr. Francis? courtroom and said: ?What are you doing in here?? before rushing her out.

In several hearings before Magistrate Francis since last June, Mr. Froomkin has challenged the basis for issuing traffic tickets by way of summonses.

Further submissions regarding Mr. Froomkin?s challenges were to be made in Mr. Francis? court yesterday afternoon.

Before the case could get underway, Crown Counsel Oonagh Vaucrosson entered Mr. Francis? court room and informed him that the matter was supposed to be in Mr. Kings? court.

Mr. Francis ? his jaw jutting out and clearly angry ? leaned over his bench toward a stressed Mrs. Vaucrosson and said: ?No! Go tell Mr. King that in charge of the matter!?

Mrs. Vaucrosson returned to court ? head bowed and hands behind her back ? a few minutes later and informed Mr. Francis: ?Mr. King is going to dismiss the case unless all the parties involved move to his court.?

Mr. Wolffe jumped up and asked that Mrs. Vaucrosson not be used a ?messenger?, but Mr. Francis remained tight-lipped on the bench.

Panic appeared to break out in the gallery as parts of the Cox family began to rush to Mr. King?s courtroom with one woman saying in the anteroom: ?You better take me to the Police station now ?cause I?m gonna f**k somebody up!?.

It was during this confused time that Wedgwood quietly moved on to Mr. King?s court and sat on the bench reserved for accused people. Fuming, Mr. King demanded of the court clerk: ?Get the DPP on the line now!?

After about twenty minutes in which both judges remained on their individual benches and no other cases were heard, Mr. Wolffe, Mr. Froomkin and Wedgwood filed back into Mr. King?s court. The gallery filled with various family members, and rubbernecking lawyers including Peter Farge and Larry Scott, prosecutors and the media.

There were also at least four conspicuous uniformed Police officers. After some discussion with his clerk, Mr. King lifted the ticket which had been issued to Wedgwood and declared that ?this is not a traffic ticket, this is a summons?.

Mr. Francis could be seen standing just inside Mr. King?s office watching. Mr. Froomkin jumped up and shouted the case was before Mr. Francis and demanded that Mr. King recuse himself.

?You can?t tell me to recuse myself!? Mr. King shouted. ?I am seized with this matter.?

Mr. Froomkin insisted, saying Mr. Francis had already made a decision on the origins of the document which he (Mr. King) was calling a summons, all without having heard submissions.

After asking Mr. King to not shout at him, Mr. Froomkin ? his voice deepening and filling the room ? repeated that he was not ?seized of the matter? and that both he and Crown counsel Wolffe agreed that it was Mr. Francis who had heard partial submissions and had also adjourned it to yesterday. Mr. Wolffe shrugged and voiced an agreement.

Mr. King ? flapping the ticket about in the air ? said: ?I?ve heard both of you, and I refuse to recuse myself from the case, based on the document which was a summons and not a ticket.?

Mr. King added that it was up Senior Magistrate Archibald Warner to decide which magistrate dealt with a case and left the matter there.

When asked to plead by Mr. King, Wedgwood got on the stand and but talked quietly to Mr. Froomkin before he informed the court she would stand mute, emphasising the point by folding his arms and shifting his weight.

?I?ll take that as a not-guilty plea,? Mr. King said.

Mr. Wolffe got up and told the court that as the matter was initially before Mr. Francis in relation to submissions, the Crown did not have its witnesses present and he was unable to proceed to trial. He further asked for a date to be set for trial.

?This case has been lying around for a long, long time,? Mr. King said, adding that he wanted to trial to commence on Tuesday. Neither Mr. Wolffe nor Mr. Froomkin were available and the matter was adjourned until one week later, March 8 in Magistrates? Court 2 ? in Mr. King?s courtroom.