A Supreme Court judge attacked Police Commissioner Jonathan Smith yesterday after he was forced to abort a trial due to problems obtaining witnesses.

It is believed the key reason the trial of Derrick Duval Binns could not proceed was because a Police witness is overseas and was not available to testify.

Dismissing the jury yesterday and ordering a retrial, Assistant Justice Archibald Warner said: "There are a number of reasons why we are at this stage, and one reason, the (lack of) availability of witnesses, was due to the lack of co-operation from the Commissioner of Police.

"That is unacceptable. You (the jury) are here doing your part for the community and every other sector should be willing to do the same thing.

"I say no more, but I thought it necessary for you to know certain things. I apologise to you and thank you for your service.

"In presenting a trial to a jury, it takes the co-operation of several different parties, the defence, the prosecution, and the court.

"We've found ourselves in a situation because of timing scheduling and sheer lack of co-operation that we've come to a point where we can't go any further in this trial."

The jury heard two and a half days of evidence last week against Binns, 33, of Cricket Lane, Sandys, who denies beating up a 65-year-old man while allegedly breaking into his house.

A Police spokesman said: "The judge has ordered a retrial in the case and the matter is pending before the courts and is sub judice, so Bermuda Police Service is not prepared to speak to the matter until the conclusion of the case."

Binns, who pleaded not guilty to burglary and wounding with intent to disfigure, was remanded in custody until November 4.