Bermudian detective.

Englishman Steve Donnelly was yesterday relieved to hear that he had been acquitted of calling Det. Con. David Small a "kaffir.'' But he must now wait until Tuesday before knowing whether he has been found guilty of depriving Small of his liberty during an incident in March.

Over the three-day Magistrates' Court hearing a public gallery packed with Police officers and Crown Counsel have heard the story unfold of how Small was arrested on suspicion of impaired driving by Donnelly and driver P.c. Adrian Brewer.

Small claims the two expatriate British officers had no basis to arrest him as he drove away from the Henry VIII pub, where he had been celebrating his anniversary with his wife Leonie, because he is a teetotaller.

But Donnelly and Brewer claim Small's erratic driving and strange behaviour led them to believe he was drunk.

However, Small's allegation that Donnelly called him a "kaffir'', a derogatory term for blacks used by whites in South Africa, was rejected yesterday.

Donnelly has consistently denied using the term and said he only heard that he had been accused of saying it a month after the incident. Small has admitted that he did not take offence at first because he did not understand its meaning, but his wife said she knew what it meant.

Magistrate the Wor. Mr. John Judge said: "Kaffir is not an English word in common use in England or Bermuda so it cannot be offensive. I will acquit Mr.

Donnelly of that.'' The incident occurred on March 22 when the Police officers say they saw Small's car travelling erratically, crossing the white centre line on South Shore Road despite travelling at only 12 mph.

On being stopped he had to be asked to wind down his window and when he got out of the car Donnelly and Brewer said they believed he was unstable on his feet.

Defence lawyer Mr. Saul Froomkin recalled a number of previous cases to point out that Police officers must often act on suspicions to arrest somebody. He said: "Police have to act on all the available facts as they are on the spot.'' He pointed out that 20 percent of Bermudians arrested last year for impaired driving passed the breathalyser test. Seventeen percent of them recorded zero alcohol in blood.

Mr. Froomkin blasted Crown Counsel Mr. Melvin Douglas for casting doubts on Brewer's credibility, stating that it could harm his career.

In reply Mr. Douglas pointed out what he saw as a number of inconsistencies in the evidence of Donnelly and Brewer. He said it was not the responsibility of the Crown to prove the Policemen's motive to stop Small's car.