after refusing to hear charges another magistrate has already discharged.

And a prosecutor has said the Attorney General's chambers will proceed with charges against the two men but would not say how.

Yesterday Douglas Charles Durrant, of Hermitage Lane and Wilbur Eugene Brangman of Somerset Road, quickly left the court with their lawyers and were not required to say anything.

Brangman's lawyer, Kim Wilson stopped Senior Magistrate Will Francis before he read the charges against the men and said that to proceed any further in Magistrates' Court would be "functus''.

Ms Wilson argued that it would be wrong to continue when Magistrate Edward King had already thrown out the charges. She said: "This court is not a competent court to deal with this information. This court has inherent powers to dismiss the information as regards to a want of prosecution to prevent the abuse of the courts process,'' Ms Wilson added.

The men were to be charged with possessing, handling, and importing cannabis with intent to supply on March 11.

Brangman and Durrant were discharged by Mr. King on August 25 saying four delays since March 16 were "overbearing''.

Yesterday both Ms Wilson and Durrant's lawyer Edward Bailey said the information they had been presented was the same as originally put to the men in March.

But Crown Counsel Peter Eccles said Mr. King had been clear prosecutors could lay the charges again.

He added: "Mr. King had clearly and unequivocally said the Crown was free to re-lay the charges.'' Mr. Francis dismissed the summonses, saying that his "hands are tied'' and that he could not hear the same charges a Magistrate had already ruled on.

He added: "There are other avenues open to the Crown. I dismiss these summonses.'' Late yesterday Mr. Eccles said: "We're not simply going to give up. We intend to proceed. We have not determined as yet which option we will pursue.''