when he arrested him on suspicion of drunk driving.

Det. Con. David Small also accused former P.c. Steven Donnelly of calling him a "kaffir'' during his arrest.

But Donnelly's lawyer Mr. Saul Froomkin claimed Small had tried to "set his client up'' by deliberately neglecting to say he was a Policeman. Donnelly has also accused Small of lying when he says he called him a kaffir.

The story unfolded in Magistrates' Court yesterday when the British Police officer, whose contract was not renewed earlier this year, faced charges of depriving Small of his liberty and using offensive words in a public place.

Small, a Police officer for 22 years, was celebrating his wedding anniversary with his wife Leonie at the Henry VIII restaurant on South Shore Road in March.

He said he had been driving his wife's car at a slow speed while they took in the scenery, when he saw a Police car behind him.

He said: "I observed the blue light and so I went to widest part of the road and pulled over. The Police vehicle stopped behind me. I remained seated in my car and a Police officer came out of the Police vehicle and signalled me to wind the window down.

"He asked me if it was my vehicle and asked me if I was a kaffir. I had never heard that before and I did not know what it meant.'' Small pointed out Donnelly in the court stating he was the Police officer. At Donnelly's request he got out of the car. He was told that he was being arrested because his driving had been erratic and that he had crossed the centre line around four times.

Small said: "I told him that I do not drink and I had nothing to drink tonight. I do not drink -- period.

"I lifted my left leg and balanced myself on my right leg. I closed my eyes and extended my right arm and with my right index finger I touched the tip of my nose. I told him if he wanted me to walk along the white line I could do that also.'' Small was told his rights and taken to the Police station where it was realised he was a Police officer.

He said: "I told P.c. Brewer and P.c. Donnelly that when members of the public complained to me that this type of abuse by officers is taking place on the roads of Bermuda I had found it hard to believe, until tonight.'' Sgt. Harold Beckles told Small that he could leave but Small insisted on taking the breathalyser test. Eventually Insp. Raymond Bell allowed him to take the test and the result was zero.

Mr. Froomkin asked Small why he had not identified himself as a Police officer from the time he was stopped until the time he arrived at Hamilton Police Station.

Small replied: "He did not ask. He cautioned me and I was exercising my rights not to say anything.'' Mr. Froomkin said: "Is it not a fact that you were trying to set up these two young ex-pat Policemen. If you had told them you were a Police officer the matter may have been resolved immediately.'' He continued by asking Small why he had not opened his window immediately on being stopped by the Police.

Mr. Froomkin said: "It is a clear night, with virtually no traffic on the road, you are driving at 12 m.p.h. after leaving Henry VIII and you cross the centre line four times, would you have not seen this as suspicious.'' Small said he did not find it suspicious but admitted he had never denied crossing the white line.

He was then asked to explain why he had lifted his leg and touched his nose when he was not asked to do so.

Mrs. Small backed her husband's evidence but said she only "understood'' Donnelly had called her husband a kaffir.

Sgt. Beckles said he had seen Small at the Police station and did not think the officers should charge him with impaired driving but might be able to charge him with driving without due care and attention.

Beckles suggested that Small go free without taking a breathalyser but said that Small refused to leave without taking the test.

In a statement to a Force discipline investigator, Donnelly said Small's driving and the fact that he seemed unsteady on his feet led to the arrest.

He said: "He never brought up the subject of me calling him a kaffir in the Police station. This is a total lie. He could not have been more fairly treated. I have never called anyone a kaffir.

"His driving was very bad. It was something I could not ignore. I felt that the arrest was lawful and I was concerned for the safety of other road users.'' The day ended with Mr. Froomkin demanding to know why Crown Counsel Melvin Douglas had not called Donnelly's partner Brewer to give evidence. He said he will make submissions to Mr. Judge when the case continues on Wednesday.

Steve Donnelly.