A man who was accused of stealing a bag containing $700 from his former employer began his Supreme Court trial this week by refusing to speak ? and then went on to win his case.

Clinton McDonald Smith, 51, of the Salvation Army Shelter, began his trial on Tuesday representing himself before Assistant Justice Carlisle Greaves, telling him he was an incompetent judge and was violating his constitutional right to a fair trial.

Smith, who has a history of defending himself, argued that there was no direct eyewitness evidence linking him to the alleged theft, and that he was arrested merely on suspicion and not on proof.

Smith was charged with stealing a bank bag from Mitra Johnston, his former employer on May 20, 2003. He allegedly stole a Bank of Bermuda bank bag from the Shiraz Cafe located on King Street where he used to work as a kitchen porter.

Mrs. Johnston owned the cafe and told the court Smith stole the bag containing the cash, cheques, and bank cards when he went to visit her at the cafe that day.

At times during the trial, Smith refused to speak and he refused to enter a plea to the charge when it was read out in court. The jury was then empanelled to decide if he was mute by malice or mute for a reason out of his own control. Once they returned a verdict that Smith was mute by malice, the trial proceeded with witness evidence.

Smith then told the court that it was inappropriate for Mr. Greaves to conduct the trial.

?He violated my rights. I need a fair and impartial trial as established by law. His conduct is an issue of contention in this trial.?

With a sheaf of notes in his hand and evidence that he had done his research Smith pointed out specific passages in the Constitution which he said indicated he had suffered from a mistrial. He said Mr. Greaves was ?exercising his ego? and was not allowed to give judgements on previous judgements.

Previously, Smith had appeared in Magistrates? Court for a preliminary inquiry conducted by Mr. Greaves, then a Magistrate, in which he did not cross examine any witnesses who gave evidence.

Once he saw Mr. Greaves would conduct the case however, he said: ?This is a farce and you know it, what you are asking this jury to do is stupid. I refuse to participate with you as a judge. You need to remove yourself, what you are putting this jury through is not upholding my constitutional rights.?

Mr. Greaves said he was going to ensure Smith had a fair trial but he said there were no legal principles which prevented a judge from trying the same case twice.

He then had to enter a plea of not guilty on Smith?s behalf in order for the trial to proceed before telling Smith he was a ?brilliant? man and would have made a fine lawyer.

Mrs. Johnston then took the stand to give evidence. She told the court that she had rested a money bag on the counter but when she turned her back for a moment, Smith, who was close to the area, snatched the bag and ran away.

During questioning by Crown counsel Cindy Clarke she told the court that she spotted Smith close to Locals Restaurant on Reid Street. She attempted to pursue him but he disappeared.

Smith questioned Mrs. Johnston about a chef working in the restaurant who was working unsupervised and asked her if the officers who came to question her were in uniform or plain clothes.

Continuing in his own defence Smith made a no case submission.

He told the court that the Crown had not established any evidence linking him directly to the theft.

?It was a sneak theft,? he told the jury. ?The Police never uncovered anything to justify Mrs. Johnston?s accusation. No one saw anything.

?There was a failure to prove that she owned the bag and placed it where she said she did. It?s your duty as a jury as triers of fact to understand that the Crown has a burden of proof ? proof that applies to legal criteria as established by law.?

It took the six-woman six-man jury 20 minutes to reach their not guilty verdict.

Smith walked away from the court yesterday afternoon a free man.