Six men charged with conspiring to smuggle $11 million worth of cannabis and $600,000 worth of heroin into the Island have had their case dismissed after the magistrate refused to grant an adjournment.

But Director of Public Prosecutions (DPP) Kulandra Ratneser urged the public not to worry and said he was planning to bring the case back before the courts within the coming weeks.

Acting Senior Magistrate Carlisle Greaves agreed to dismiss the case on Monday after senior prosecutors failed to appear in court for a long form preliminary hearing because they were involved in the Justis Smith case.

Instead, a junior prosecutor appeared for the DPP and asked for an adjournment. As a result, defence lawyer for one of the six accused, Larry Scott, applied for the matter to be dismissed and Mr. Greaves agreed.

Mr. Scott said: "There have been enormous delays in this matter, getting papers to us and the like, and we have been making constant requests that the Director of Public Prosecutions and Police get on with procedures.

"And what happened yesterday was that the DPP sent a letter over to the court asking for an adjournment to the Magistrate without reason.

"The Magistrate was annoyed."

But Mr. Scott said what made matters worse was that the defence counsel involved had not been forewarned that an adjournment was to be sought.

However, he admitted that although the case had been dismissed, he felt sure the DPP would relay the charges again, which he was entitled to do.

"I really do expect that it will come up again," he said.

"But I think what has come to light here is that this kind of treatment of a defendant is not right and it happens too often. There is a presumption of innocence and if we are going to bring the matter to a conclusion, then the prosecution has to show up.

"If the accused had not showed up in court then there would have been warrants issued."

The six men, all Bermudians, were charged in July last year with conspiring to import cannabis and heroin into Bermuda, along with a charge of possession. And they were also charged with conspiring to break into Number Seven Shed on Front Street with intent to steal the drugs. All have been on bail.

The men were Milford Eugene Waldron Sr, 59, of Long Bay Lane, Somerset, his son Milford Waldron Jr, 37, of the same address, Ramon Dwight Blanchette, 32, of Keith Hall Road in Warwick, Leon Eugene Burchall, 40, of Town Hill Road, Smith's, Michael James Denbrook, 49, of Cut Road, St. George's, and his brother Ronald Denbrook, 43, of Cove Valley, St. George's.

But Mr. Ratneser said he was disappointed with Mr. Greaves' actions and said the reason senior prosecutors Lloyd Rainey and Graveney Bannister had not been able to attend the hearing was because they were tied up in the Justis Smith wounding trial.

He said he wrote a letter to Mr. Greaves asking that the matter be adjourned. When he was refused and the case was dismissed on Monday, Mr. Ratneser then immediately applied to the Supreme Court yesterday morning asking for a stay order.

That was granted, meaning the whole issue has been frozen until arguments have been resolved, and, as a result, passports and other documents have not been returned to the six men.

And Mr. Ratneser said he would be taking the matter back to court, no matter what.

"I can lay the charges again, or I could lay them straight into Supreme Court, which would mean we would by-pass the preliminary hearing. We would go straight to indictment.

"I have to give the matter consideration as to what the next step should be, but I have tons of time to decide what to do.

"But if anybody thinks they are going to get away with not going to court, that's not going to happen. They will definitely be brought back."

Mr. Greaves was not available for comment yesterday.