Land developer Rodney Smith flirted with danger yesterday when he told a judge he would not be available for a trial on a misdemeanour for one year.

Magistrate Will Francis told Smith to not "start showing contempt'' or he may begin to show "irritation'' at his intransigence.

Smith claimed: "I'm going to be busy in January and February. My time is completely booked. That will inconvenience me.

"I'm going to be off the Island. I can't tell you when I'll be back. Set it for November 22, 2001.'' Smith, 41, of Spring Hill Close, Warwick, pleaded not guilty on September 1 to a charge of threatening behaviour toward a neighbour in April. His trial was set for yesterday.

The hearing began with Crown Counsel Patrick Doherty handing Mr. Francis a letter from the Public Prosecutions Office requesting an adjournment.

Mr. Francis read the letter, and said: "I see. Okay, fine.'' Smith demanded that the trial go on, despite the prime witness being abroad for most of the remainder of November and much of December.

Ironically this was the same courtroom where last year he told a magistrate that he understood he would get a discharge on a minor assault -- prompting the judge to become suspicious and an inquiry to be launched.

"If they're not here,'' he said, "I ask you to hear my case. They've had ample time to notify me (that they wanted an adjournment).

"My time is tied up! I've got witnesses -- these people work,'' Smith said.

"Set it for November 22 next year.'' "Let's be reasonable Mr. Smith,'' Mr. Francis replied. "I won't pressure you into coming before Christmas. Sometime in January or February I'm looking at.'' When Smith responded that his time is "completely booked'' Mr. Francis said: "Now, now, now, Mr. Smith. Lets not start showing contempt (of court). I might start showing irritation with you. When will you be back?'' This time when he was told "I cannot tell you'' Mr. Francis said: "Smith! I'm going to ask you once again or I'm going to take a certain course.'' He added: "This trip you're planning, are you going to be back by a certain date?'' When for the third time Smith suggested a one year adjournment Mr. Francis quickly began writing and said aloud: "Having heard both parties, I'll adjourn this trial to February 14.'' But the hearing was not over, as the clearly angered magistrate set Smith's bail at $1,000.

Mr. Doherty stepped in and reminded him that the original bail was just $300.

"Oh, well, all right,'' Mr. Francis replied. "I'll continue the bail. Bail extended. If you're not here Smith, I'll extrete (take) your bail!'' Smith has equated the incarceration of black men by Police and the courts as "racial profiling run rampant'' and media coverage of the cases against him as racial profiling.

Let me pencil you in: Local developer Rodney Smith, seen here in this file photo, showed up for the assault trail yesterday, only to hear the Crown was seeking an adjournment.