Magistrates' Court.

Acting Senior Magistrate Edward King refused to adjourn a case on Monday after it was revealed the lawyer could not make it to Magistrates' Court because he had a Supreme Court matter.

Instead, Mr. King issued a warrant to arrest the defendant, Dwayne Burrows, who did not appear in court.

"The wants of the court cannot be brought to a halt because lawyers find themselves busy,'' said Mr. King. "There's authority for that in the case of Foggo and Foggo, a decision in the Supreme Court of Bermuda.'' The Burrows pleaded not guilty last month to breaking and entering a 69-year-old woman's home on January 22 and the matter was supposed to go to trial yesterday. Burrows retained lawyer Larry Mussenden, who had a Supreme Court matter and sent lawyer Anthony Richardson to request an adjournment.

Mr. King said: "Today is Monday, Mussenden was back last week and these courts did not have the courtesy of a letter or a fax.'' Mr. Mussenden failed to follow professional courtesy and send notice of his situation to the Magistrate or the Director of Public Prosecution, said one attorney.

Mr. King said: "The defendant is not here. If the defendant was here, I would give him 48 hours to get another lawyer.

"I want the defendant. I'm not setting any trial date until the defendant is brought before me. I will issue a warrant for the arrest of the defendant,'' said Mr. King.