Police were responsible for a mix-up in which a man's case was dealt with under the wrong law in Magistrates' Court, according to Director of Public Prosecutions Khamisi Tokunbo.

Five tickets alleging that Pembroke resident Michael Jones had illegally tinted windows were withdrawn by Crown counsel Cindy Clarke after it was revealed that they referred to the incorrect legislation.

Mr. Tokunbo told The Royal Gazette : "It appears that when the charges were dealt with in court, the wrong legislative instrument was referred to.

"The Motor Car Act should have been quoted instead of the 1952 Motor Car (Construction, Equipment and Use) Amendment Regulations.'' Asked who was responsible for the mistake, Mr. Tokunbo said: "I don't know exactly where the mix-up came, but it was one of those ticketing offences that Police have responsibility for''.

He added that the Department of Public Prosecutions (DPP) had not had time to make sure it referred to the correct legislation.

Asked if the DPP would refile the charges, Mr. Tokunbo said: "I don't know, but that would really depend on whether the Police express an interest in having it dealt with again.'' But last night, Police prosecutions spokesman Insp. Peter Giles said the tickets were issued under a recent amendment to the 1952 regulations which said "... windscreens and all other windows shall not have affixed to them tinted film, sun shading material or other coloured material''.

According to a legal source, Ms Clarke did not have to withdraw the charges but could have amended them in court.

"There's no rule governing what the Crown chooses to do in these matters,'' he said. "It's entirely up to them.

"If Ms Clarke brings it back to court then it is her decision.''