Charges of threatening behaviour have been dropped against property developer Rodney Smith.

Smith represented himself in a trial where it was alleged that he threatened to "chop'' his next door neighbour, taxi driver Kevin Bailey with a garden hoe during an argument.

Magistrate Will Francis heard that Smith had approached Mr. Bailey after he ordered a cement truck driver working for Smith, off his property.

Mr. Bailey told Mr. Francis that he rushed out of his house on April 25 last year when he saw the vehicle on his lawn.

He said he shouted at Smith's driver: "Move that f***ing truck off my property, immediately.'' Smith, 40, who had been spreading concrete in a house next door, jumped over a wall with a hoe in his hand.

Mr. Bailey claimed: "He threatened to chop me. I said `chop me and it will be the last chop you do'. He didn't chop me.

Witnesses to the incident testified that Smith was not holding the hoe in a threatening manner and Mr. Francis said he accepted that Smith was using the garden hoe to assist workmen in moving concrete.

Mr. Francis said: "(Smith) was still carrying the hoe that he was lawfully using.'' Both witnesses in the case, the workman and the truck driver, denied the complainant's accusations Smith handled the hoe in a threatening manner.

On Friday Mr. Francis said: "I've considered all this very carefully and I'm very far from being sure there was any threatening behaviour and therefore dismiss this charge.'' Mr. Francis' decision makes the second time Smith has won a court case where he stood accused of threatening behaviour.

A former PLP election candidate, he was forced to withdraw from the 1998 election after he was charged with assault.

Rodney Smith