behaviour is expected to conclude this morning in Magistrates' Court following an afternoon of testimony by witnesses for the Crown.

Junius Carmen Caines -- brother of murder victim James Caines -- has pleaded not guilty to charges that he made the offending gestures to two employees at the Athletic Club in the City of Hamilton last October 17.

But the two employees of the Washington Street club yesterday told Magistrate Edward King they discovered Caines slumped in the doorway to the club, his clothes spattered with vomit, at about 5.45 a.m. when they arrived to open the gym.

Under questioning by Police Prosecutor Sergeant Ian Grant, sports massage therapist Grace Cordeiro and receptionist Patricia Burchall-Carpenter told the Court they prodded Caines and asked him to leave, which he did so quietly.

But when the club subsequently opened to the public Caines returned, "trooping'' in and out a number of times and bothering members: "We asked him to move from the area because he had vomit all over him,'' Ms Burchall-Carpenter told the Court. When Caines failed to do so they called 911.

Despite calling 911 four times said Ms Burchall-Carpenter, it took Police about an hour and a half to respond and by then Caines had wandered across the street to the bus stalls.

Police constable Antoine Fox testified he was dispatched to the area at 7.22 a.m. and talked with the two complainants; he then moved across the street and warned Caines to steer clear of the club or he would be reported by summons.

After Police left, however, Caines returned: "He just lurked outside and stared at me, making obscene gestures,'' said Ms Burchall-Carpenter, demonstrating a one-fingered salute and a gesture similar to a person shooting a pistol.

Asked by Sgt. Grant how that made her feel, Ms Burchall-Grant told the Court: "If he was a regular person I would not have felt quite so threatened; but Mr. Caines' reputation precedes him. I knew who he was and at the time I knew it couldn't have been a joke.'' Police were again called, but by the time they arrived Caines was nowhere to be found.

Caines, appearing without counsel, declined the opportunity to question Ms Cordeiro, saying he's never seen the woman before. He did, however, question Ms Burchall-Carpenter, asking how she knew of his reputation.

"I'm a Bermudian, I live near by, centrally located. I know who you are,'' she replied.

He also questioned P.c. Fox's recollection of that morning, asking if he appeared drunk. "You may have been,'' replied P.c. Fox, "but I couldn't tell.'' At that point Mr. King commended Caines on his courtroom prowess: "If you come to court long enough you'll make a pretty good lawyer.'' At that point Mr. King adjourned the proceeding until this morning.