An alleged deadbeat dad who was jailed by a Magistrate without a court hearing was freed by a judge yesterday.

Copeland Smith spent six days at Westgate over unpaid child support before Justice Richard Ground ruled on appeal that he should not have been committed by Magistrate Tyrone Chin without an opportunity to put his case.

During yesterday's hastily-convened hearing at Supreme Court, Mr. Smith, 40, from Pembroke, complained he was arrested at work on March 7 despite being "slightly ahead" in paying child support arrears.

"I didn't know anything about arrears," he told the Chief Justice, saying his wife took receipts proving this to Magistrates' Court after he was locked up.

Mr. Justice Ground apologised to Crown Counsel Huw Shepheard, representing Child and Family Services, for calling the appeal hearing at short notice.

However, he explained: "When it was drawn to my attention that he was committed without a hearing it seemed to me that I should intervene."

The Chief Justice said he had printouts demonstrating that Mr. Smith had arrears of $11,250.

"That is something that should have been inquired into by the Magistrate...he would have access to the files and could inspect receipts and so on. In the circumstances it seems to me appropriate to quash the committal. Then, if having checked their records, the Magistrates' Court wish to proceed on the pursual of the arrears they can go through proper procedures," he told Mr. Shepheard.

Turning to Mr. Smith, he added: "If there had been a hearing before the Magistrate this could have been sorted out."