A local surgeon became enraged when he could not get out of his parking spot and hit the car behind him, a Magistrate ruled yesterday.

Eye surgeon Dr. Mohamed Hamza was found guilty of driving without due care and failing to stop after an accident.

"The court is convinced that in his rage over being boxed in, that Dr. Hamza acted irrationally,'' said Magistrate the Wor. Edward King. "He acted recklessly and closed his mind to the consequences of his actions.'' Hamza, 52, of Sandys, pleaded not guilty and represented himself. He was fined $100 on each charge.

Mark Osborne, general manager of the Oasis Night Club, said he parked in front of the Emporium building on Front Street shortly before 8.30 p.m. last June 25 and went upstairs to work.

A short time later he was told "there was an irate gentleman'' downstairs who wanted to see him.

Osborne went out on the street to find Hamza parked in front of him, unable to move his Volkswagen sedan.

"I got into my car and backed up, perhaps four feet,'' Osborne told court.

"Dr. Hamza got in his car in front of me and accelerated in reverse, smashing into my car.

"I honked the horn and tried to get him to stop but he ... sped away.'' P.c. Hadley Ingham said he took a statement from Osborne that night at Hamilton Police Station. Visiting the scene at 11.45 p.m., he found damage to Osborne's front bumper and licence plate.

When he telephoned Hamza, he "admitted being involved,'' and said he would contact Osborne "to clarify the matter,'' P.c. Ingham said.

Hamza complained that P.c. Ingham did not contact him until several months later. The officer said he tried unsuccessfully on several occasions to reach the physician. "I made numerous visits (to his office) and informed his secretary of the fact that I needed him to contact me,'' P.c. Ingham said.

"Do you recall me telling you I only touched the car, rather than smashed it?'' Hamza asked the officer during cross-examination.

"No,'' P.c. Ingham replied.

Hamza testified there was no car behind him when he parked, and there was so little space he did not think anyone would park behind.

When his beeper went off summoning him to the hospital emergency room, "I went to my car and could not move it because there was a big four-wheel drive Suzuki ... jammed against my rear bumper,'' Hamza said.

He "looked frantically'' for the owner of the car, and after learning it belonged to the manager of the Oasis, "waited desperately'' for Osborne to arrive.

"I felt that my freedom of movement was absolutely impaired,'' and it was in "poor taste'' of Osborne not to apologise, he said.

"My whole aim was to be in the hospital as soon as possible,'' Hamza said.

"I did not strike the car -- I may have touched it,'' he told Police Prosecutor Insp. Peter Duffy during cross-examination.

"Many months later'' he was startled to learn from Police about allegations against him.

"So as to save court time and my time I said I will talk to the complainant,'' Hamza said. "I thought he would be extremely reasonable, which did not prove to be the case.'' Hamza said Osborne has never showed him any damage on his car, nor has he received a claim.

In finding Hamza guilty, Mr. King cited the doctor's questioning of P.c.

Ingham, in which he admitted he "touched'' Osborne's car.

"Thou shalt not touch thy neighbour's car on the road,'' Mr. King told him.

"That amounts to driving without due care and attention. It does not require damage.'' And "if you touch, the law expects you to stop and at least give the driver behind you your name and address.'' "I never thought this would materialise,'' Hamza said. "In a small place like Bermuda, I thought amicable out of court understanding is better.'' "The smaller the bedroom, the fiercer the fights,'' Mr. King said.