A man shot with rubber bullets in January -- who was later beaten up in prison and had to have his spleen removed -- went on trial.

Stephen Maxwell Proctor, 52, of Rockywold Drive in Sandys, appeared in Magistrates Court yesterday for the start of the trial stemming from the rubber bullet shooting.

In an almost comedic sequence of events the trial was adjourned as Proctor's mother -- the Crown's lead witness, refused to testify and then left to catch a plane in order to attend a funeral. Proctor is charged with behaving in a threatening manner and assaulting Pc. Simon Groves on January 9 this year. He pleaded not guilty to both charges before Senior Magistrate Archibald Warner.

Proctor was shot with rubber bullets on the same day after a Police Emergency Response Unit responded to reports of a man on a rooftop at a Sandys' residence, brandishing a weapon and threatening family members.

A Police negotiator was called to the scene to try and talk Proctor off the roof. He was reportedly threatening Police officers and throwing construction materials at them.

When attempts to talk him down were unsuccessful, the emergency team shot him with rubber bullets and arrested him.

A Police inquiry into the shooting was launched the following week. Results of the inquiry are to be made public at a later date, a Police spokesman said yesterday.

Proctor has been in prison since the time of his arrest and in mid-February he was beaten up at Westgate. Reportedly, a sack was thrown over his head and he was beaten until unconscious. "While in prison, he's had a very tough time of it,'' defence attorney Patrick Doherty told Mr. Warner.

Mr. Doherty said Proctor was assaulted in prison and had to spend a week-and-a-half in hospital and have his spleen removed. He added the inmates who assaulted Proctor are being investigated for attempted murder.

Bullet case gets started Mr. Doherty was attempting to negotiate the matter of outstanding fines for offensive words and offensive behaviour against Proctor after the adjournment of the trial on the events of the shooting date.

Mr. Doherty argued that time Proctor had spent in prison should be put toward the outstanding $700 fines.

The assault and threatening behaviour trial adjourned abruptly after the Crown's first witness -- Proctor's mother Esther Laura Butterfield -- first, refused to testify and then had to leave court in order to catch a flight to attend a funeral.

There was a brief legal argument over whether Ms Butterfield would be compelled to testify after she told Mr. Warner: "I have nothing to say,'' upon entering the witness box.

Mr. Warner asked whether she meant she didn't know anything or that she didn't want to give evidence. Ms Butterfield replied she didn't want to give evidence.

She then remained silent in the witness box while Crown counsel Graveney Bannister and Vinette Graham Allen argued that Mr. Warner should compel her to give evidence because her Police statement lead to the charges.

"I hate to interrupt all this important research going on,'' interrupted Mr.

Doherty, "but (the witness) has a flight to catch.'' Mr. Warner decided to compel Ms Butterfield to testify but adjourned the trial till next week in order that she catch her flight.

The trial resumes on Thursday.