cannabis plants, yesterday criticised the way their clients bail procedure was handled in Magistrates' Court.

Herbert Alan Williams, 42, of Harbour Road, and Richard Graham Thomas, 39, of White Sands Road, were charged with cultivating and conspiring to cultivate cannabis between an unknown time and January 18, 1994.

Thomas was also charged with possessing cannabis intended for supply and possessing cocaine on January 17, 1994, in Paget.

Williams was charged with possessing cannabis and allowing his house, situated on 79 Harbour Road in Paget, to be used for the production of cannabis.

Neither man was required to enter a plea to the charges in the lower court and Senior Magistrate the Wor. Will Francis imposed a $2,500 bail for both men with a like surety.

Crown Counsel Mr. Khamisi Tokunbo asked for the matter to be mentioned in two weeks but Mr. Francis followed defence lawyer Mr. Alan Dunch's suggestion to set the matter down for July 11.

There was a delay before both men were bailed because the only Police officer who could clear the sureties was unavailable until lunchtime.

That's because the officer, Sgt. Rex Osborne, was the scheduled Police prosecutor for yesterday's plea court session and he had a trial immediately following that session.

Insp. Peter Duffy, the only other officer who could process the sureties was on vacation.

Mr. Dunch, representing Williams, asked permission for his client to be able to leave because he had to go to work.

He gave his personal assurance that he would guarantee his appearance to sign the necessary papers.

Mr. Dunch pointed out that Williams' surety was present and there was no reason that he should have to stay in court until Sgt. Osborne was available.

Thomas' lawyer Mr. Mark Pettingill echoed his colleague's argument and said there was no reason why his client should be held under house arrest.

But Mr. Francis pointed out that both men had now been charged and that the question of bail had to be considered.

"I'm not about to treat them any different than anyone else who has been charged with a drugs offence,'' he said.

As the accused men were leaving the court with their lawyers, P.c. Lynden Raynor approached them and took the men to the Hamilton Police Station since they had not yet been bailed.

Mr. Dunch and Mr. Pettingill rushed back to court furious that their clients had been arrested.

"When I left court I was concerned,'' Mr. Dunch said. "Now I'm irritated because my client has been led off and remanded in custody. That's clearly wrong and I want something done about it.

"I don't care about the system. It is clearly wrong. He (my client) is on bail and now he's been taken to the Police Station under remand. Why did I apply for bail in the first place? "I ask that you order my client to be brought back until your requirements are met.'' Sgt. Osborne defended P.c. Raynor for arresting both men, saying that there were only two officers who were responsible for the court.

He said if the accused were allowed to stay in court after the plea session was over, there would be no-one left to look after them until they were bailed.

Sgt. Osborne said the arrest was normal and done to anyone until their surety was checked out and approved.

Mr. Francis allowed both men to be brought back to the court, where they sat with their lawyers until Sgt. Osborne was ready.