the Hon. Sir James Astwood ruled yesterday.

Magistrate the Wor. John Judge was guilty of an "irregularity'' in the case, Sir James said.

And he sent it back to Magistrates' Court to start all over again.

Thirty-five-year-old Charles Leroy Riley, of Rocklands Estate, Warwick, was sentenced to two years in jail on August 19.

Mr. Judge found him guilty of possessing heroin with intent to supply, offering to supply heroin, possessing drug equipment and obstructing Police.

Riley denied all charges and immediately appealed, but was jailed until his appeal was heard last Friday.

Yesterday in Supreme Court, Sir James gave his judgment and ordered a re-trial before another magistrate starting on Monday.

He said Riley did not have a lawyer in the original trial, and it appeared the only help he got from Mr. Judge was an adjournment to allow him to get his witnesses before the court.

"He should have been assisted by the trial magistrate in the cross-examination of witnesses, in getting his witnesses before the court and in putting his defences before the court.

"He should have assisted him by referring him to the Magistrates' Court staff to have summonses issued for his witnesses, if this was necessary.

"There has been such an irregularity in the trial of the appellant that he could not be lawfully convicted of these offences.'' Riley was given $500 bail with a surety. He was represented in the appeal by Mr. Archie Warner.

Crown Counsel Mr. Mark Pettingill, for the Crown, argued against the appeal.

A motorist found guilty by Mr. Judge in May had his convictions quashed yesterday after another appeal.

Wendell Hayward was found guilty last May of driving without due care, failing to stop after an accident and driving with excess alcohol. Mr. Judge took him off the road for a year and fined him $650.

But yesterday the Hon. Mr. Justice Ground ruled there had not been enough evidence before the magistrate to link Hayward with the incident in the case.

After two men complained of being knocked off their bike by a car on Mullet Bay Road, Hayward was seen by Police at the St. David's Cricket Club and charged.

But the only links between Hayward and the incident were his own statements, said Mr. Justice Ground, and these were "equivocal''.

Mr. Arthur Hodgson, for Hayward, described what happened during the original trial.

He said Hayward was told the case against him would be dropped, so on the day he was convicted he did not bother bringing his two witnesses with him.

But the trial went ahead, and he was denied the chance to get his witnesses.

"The magistrate didn't give him a chance to explain why they weren't there,'' said Mr. Hodgson. "The entire case seems to rest upon confusing the defendant.'' Mr. Hodgson said he could understand a magistrate becoming impatient with hundreds of relatively minor cases such as this.

"But when individuals in the community perceive that they're not being heard and that injustice is being done, it's very bad for the community.'' Mr. Pettingill argued that Hayward's statements, combined with other evidence, amounted to a case to answer.

When Police went to the club, Hayward had told them: "I know what you want me for''.

But Mr. Justice Ground ruled in favour of Hayward and quashed the three convictions.