A prisoner accused of robbery and assault walked out of court a free man on Thursday because the Department of Public Prosecutions (DPP) forgot about him.

Senior Magistrate Archibald Warner said the DPP had to have respect for people?s rights, particularly when they sought to remand prisoners.

?It is grossly unfair to remand people in custody and forget them and (not) even know about it,? he said.

Jay Chantez Ming, 33, of Middle Road, Paget, was charged with robbing Colin Scott Brown of his chequebook, $150 cash, credit cards and a bus pass on December 6, 2004 in Pembroke.

Ming allegedly punched Mr. Brown in the face when he robbed him. Ming was also charged with causing Mr. Brown actual bodily harm when he allegedly assaulted him.

Legal Aid counsel Shade Subair said her client was remanded in Westgate on January 26, 2005.

A long-form preliminary inquiry was scheduled for Thursday morning, however, the DPP arrived with no witnesses.

Crown counsel Oonagh Vaucrosson asked Mr. Warner to adjourn the matter.

However, Ms Subair said she ?vehemently opposed to the application for an adjournment because the long form preliminary inquiry had been set down so long ago?.

?It was not fair to him,? she said.

She said she sent letters to three different Crown counsels at the DPP to organise talks between the lawyers, however, Mrs. Vaucrosson said she had not been told about the letters.

?If there is any semblance of structure in that office, how can you say you don?t know?? Mr. Warner bellowed.

He refused the application for an adjournment and discharged and dismissed the prisoner.

?I can?t understand how it is so difficult to get a simple matter organised,? he said.

?It?s not acceptable,? Mrs. Vaucrosson conceded. ?On behalf of the DPP we will endeavour to be more vigilant in future.?