The May 23 trial of accused fraudster Terrence Smith has been postponed after a judge took mercy on the former Bermuda Housing Corporation property officer whose young son is soon to undergo surgery.

Addressing Chief Justice Richard Ground in the Supreme Court yesterday morning, Mr. Smith?s lawyer Elizabeth Christopher asked for the date to be changed in light of her client?s family commitments.

?Mr. Smith is quite understandably finding it difficult to concentrate on the case at present,? she said.

Crown counsel Kulandra Ratneser was sympathetic to Mr. Smith?s request, stating ?the Crown would not stand in the way of a child being properly treated?.

He did voice some concerns, however, given that he expects the ?important and complex? case to last between six and eight weeks and he personally has to be off the Island in early September.

The Chief Justice complied with Mr. Smith?s request, arguing that the reasons for the trial?s postponement were ?compelling?.

The matter was adjourned until June 1, when it will be mentioned at the monthly arraignment session ? although Chief Justice Ground said he expected both counsels to have fixed a new date before then.

Mr. Smith faces 49 charges of attempting to defraud the Government quango of close to $1.4 million between September 20, 2000 and February 27, 2002 and was one of two people fired in the aftermath of the BHC corruption scandal.

And, as was revealed by last week, he now faces yet another legal battle with Capital G Bank Limited, who are seeking to recoup mortgage payments on his luxury Tee Street home in Devonshire which are allegedly a year and a half in arrears.