man seeking trial by jury for allegedly obstructing a Police officer attempting to carry out a drug search.

On Friday Mr. Francis ordered Wayne Gilbert of Sandys Parish to reappear for mention on November 18 in order that a Supreme Court trial date could be set.

Police prosecutor Insp. Peter Duffy had tried to substitute the charge with a lesser one of simply obstructing an officer in the course of his duty.

Insp. Duffy moved to make the substitution after Gilbert elected a Supreme Court trial.

But Gilbert's lawyer Mr. Archie Warner objected, charging it would be an "abuse of process''. He told Mr. Francis he could refuse to hear the new charge on that ground.

Mr. Francis adjourned the matter so he could have more time to hear arguments from both sides.

Insp. Duffy said in effect Gilbert had committed an offence under both the Misuse of Drugs Act and the Summary Offences Act. And therefore the prosecution could choose to charge him under either act.

He added the Police did not want to waste the time of the Supreme Court nor the Attorney General on such a minor matter.

Mr. Francis said he agreed obstructing a Police officer trying to do a drug search was obstructing an officer trying to carry out his duty. However, Parliament, under the Drugs Act, gave a right to trial by jury to all people suspected of being in possession of drugs.

He stressed the reason the officer wanted to search Gilbert was undisputed -- he suspected he was carrying drugs.

"In these circumstances I do not feel I should permit this case to be tried in this court and thereby take away from the accused the right to jury trial,'' he said.