Barrister Julian Hall failed to show from overseas for the start of the trial on Tuesday -- and yesterday morning he still had not made it to court.

And there were gasps from the 42-strong panel from which the jury was to be drawn when Puisne Judge Richard Ground told them selection could not begin until Mr. Hall, who had prepared pre-selection arguments, arrived and that they would have to leave the court.

Mr. Justice Ground said: "I think the jury has a right to know why they are being kept waiting.

"That is no reflection whatsoever on his client -- he is placed in a difficult position and I have every sympathy with him.'' Crown Counsel English barrister Michael Pert QC said: "I hope the jury is going to realise it's the fault of nobody in this building.'' They were speaking on the second day of what is expected to be a marathon case against former Bank of Bermuda executive Arnold Todd.

Todd, 56, faces a total of 17 charges of theft, fraud and false accounting involving hundreds of thousands of dollars. Co-accused Varnel Curtis, Milton Woods and Cecil Durham, all 61, face other charges related to the allegations against Todd. Durham is represented by Mr. Hall.

The alleged offences are claimed to have taken place between August, 1985 and February, 1990.

Mr. Hall appeared in court after the lunchbreak to put forward his arguments.

Then the jury of ten women and two men were picked following a long selection process after which the trial was adjourned until today.

On Tuesday, the court heard that Mr. Hall wanted to make his own legal arguments before the 12-strong jury was picked and sworn in.

But it was said that bad weather had disrupted flights from Canada.

Mr. Justice Ground told the jury yesterday morning: "We cannot proceed at this time for the reasons we have heard -- I am going to ask you to withdraw while I and counsel de cide how best to proceed.

"I regret this has arisen and I stress it's not the fault of any of the gentlemen awaiting trial who have been placed in this position -- I ask you to bear with us.'' Mr. Justice Ground spoke out in the presence of the jury.

The trial continues today.

IN COURT -- Former Bank of Bermuda executive Arnold Todd arrives at the Supreme Court yesterday with his wife Veronica.