Scott during the trial of a Pembroke man accused of eight break-ins from two years ago.

The case is set to continue tomorrow only after Mr. King relented in Mr.

Scott's request for an adjournment for time to subpoena a witness.

But the Magistrate pointed out that Mr. Scott's unavailability this morning because of Parliamentary work "has nothing to do with the courts''.

Mr. Scott is a Government Senator and must attend a Private Bill's Committee meeting today.

His client Andre Kirk Hypolite denies the breaking and entering and stealing charges which stem from an alleged crime spree two years ago.

The trial began late yesterday morning and was adjourned to the afternoon session by Mr. King. When Mr. Scott said he could not attend the second session Mr. King reacted angrily.

Mr. Scott whispered "Jesus'', to which Mr. King responded: "He's not in this Mr. Scott.

"I have cleared my slate for this and you come in here a half hour late without an apology and you say you won't be coming back? "Mr. Hypolite, Mr. Scott should be here, otherwise you will conduct your case,'' Mr. King added. "You can't come in here...I will not conduct this court to the whim and fancy of counsel.'' Mr. Scott did appear again yesterday afternoon.

In the morning session. Mr. Scott and Mr. King also clashed over whether Mr.

Doherty could question witness David Abraham on Hypolite's Police statements.

"I object to this on the grounds that Mr. Hypolite was unreliable because of the presence of cocaine in his system,'' Mr. Scott said.

"It (the statements) can't be relied upon. Your worship, you are obliged to write that down!'' "I'm trying to keep this on an even keel,'' Mr. King said before pausing for a long moment.

"As I have told you on several occasions there is no evidence before me that Mr. Hypolite was on cocaine. Objection over ruled!'' During testimony, a break-in victim told the court she hit a burglar about the head with a stick shortly after midnight on May 25, 1998, but could not identify who the man was.

Witness Shobana Sen said when she left her Happy Valley apartment armed with a stick to investigate a noise outside, the man disappeared and minutes later reappeared out of her apartment with a purse.

"I shouted thief, thief, there is nothing in the bag,'' Mrs. Sen told the court.

"I ran behind him and all the while I was hitting him. He hit me with my own purse. I did not see his face because he had a track suit jacket pulled up to his eyes.'' Mrs. Sen said the purse contained a small amount of cash, a camera, an electronic organiser, a refrigerator magnet of Hindu god Lord Krishna and a "still overdue'' library book, Silver Enchantress.

Hypolite is charged with the theft from the Sen household, breaking into general practitioner Niall Aitken's office and attempting to steal from Winifred Brooks' house.

He also denies stealing $80 from the Happy Valley Day Care Centre and stealing a video machine from his ex-girlfriend Amoi Kennedy's home.

And he pleaded not guilty to stealing $239 from the Ice Queen in Hamilton, breaking into the Little Theatre and stealing $3,585 from the Sea Horses betting shop.

In granting the two day adjournment, Mr. King said: "We came here to carry on a trial. The courts cost money. You're just prolonging this. You are an attorney representing your client and this court is completely separate from the legislature.'' Tomorrow Mr. Scott intends to put a Government analyst on the stand to testify on whether blood samples from Hypolite, when he was in hospital for treatment, showed he had cocaine in his system.