Police testified in the Supreme Court yesterday how they found Joseph Moniz Lima sitting naked in a construction site, clutching a broken leg.

Lima, 40, of fixed abode is being charged with allegedly assaulting and robbing taxi driver Rudolph Fubler in May last year.

Mr. Fubler testified Monday that Lima hired his taxi along Front Street and asked to be taken to Tuckers Town and asked to stop at a public telephone before allegedly choking him while demanding money.

Mr. Fubler escaped, and later was told by his son his taxi was in his neighbourhood on the corner of Tribe Road Number 5 and Ord Road in Paget.

P.c. Justin Rayner told the court yesterday that he?d arrived at the scene along Ord Road at about 2.05 a.m. on June 1 to find Mr. Fubler standing near his abandoned taxi.

He said Mr. Fubler pointed ?over the wall? towards the construction site and told him to find the accused there.

P.c. Rayner said he used his flashlight to find his way to where Lima was sitting naked, adding that he appeared to have an injury to his right leg which was bleeding. He also had bruising to his face.

P.c. Rayner told the court he?d asked Lima if he was in need of medical assistance to which Lima replied that his leg was broken. He said he called an ambulance and when Lima was taken to the hospital, he accompanied him as he had not yet been arrested. Lima?s lawyer Peter Farge asked P.c. Rayner if he?d looked inside the taxi to see what its condition was and P.c. Rayner replied that he had not.

Mr. Farge requested that Police photographer, Det. Con. Steven Palmer be subpoenaed to return to court to give evidence and the trial was halted until later in the afternoon in order to stop Det. Con. Palmer from boarding a flight. He was apparently leaving Bermuda to attend a Police conference.

When Det. Con. Palmer arrived, he was asked about the state of the taxi when he arrived on the scene. Det. Con. Palmer pointed to a photograph on a contact sheet and confirmed that the car had been rummaged through as there were items lying on the floor in the front and the back of the vehicle.

He was requested by the court to make an enlargement of the photograph which will be submitted when the trial continues today. Puisne Judge Charles-Etta Simmons is presiding.