An angry Head Fisheries Warden David Gowland yesterday stormed out of Magistrates' Court following the testimony of two Police constables in the trial of St. George's fisherman Kenneth Minks.

Constables Alfred Fox and Edward Peach Jr. -- assigned to the marine section -- had just finished telling Magistrate Cheryl-Ann Mapp they were called to the Mullet Bay area on September 15 1995, to assist Fisheries wardens inspect Mr. Minks' 18-foot boat, Paycheck , but at no time did they witness the defendant do anything illegal.

And to Mr. Gowland's complete chagrin they offered contradictory evidence of earlier testimony by three Fisheries wardens and a Harbour Radio officer.

The Fort Lane fisherman is charged with an attempt to obstruct the cause of justice; being unlicenced to use fixed fishing gear; being unlicenced to possess fixed fishing gear, and possession of lobster.

Fisheries wardens earlier told the court they observed Mr. Minks through a telescope as he pulled what appeared to be lobster pots from three locations off the North Shore.

While requesting assistance from the Police Marine unit, the fisheries wardens continued to track Mr. Minks as he proceeded around Point St. Catherine and headed into the Mullet Bay area to offload his catch.

The fisheries team moved to Rocky Hill Park and hid behind a grove of trees.

From there they watched as Mr. Minks unloaded some gear into his car. When the wardens identified themselves and requested an inspection a startled Mr. Minks emptied his coolers overboard, put his boat into reverse and headed around the far side of Bartram Island, out of view of the landbased wardens.

Appearing for the defence, P.c. Fox told the court that as they arrived on the scene they witnessed Mr. Minks heading out of Mullet Bay. He was asked to return to shore and was told fisheries wardens wished to inspect his boat. The marine patrol escorted Paycheck back into Mullet Bay.

While at first reluctant, Mr. Minks eventually allowed the search, said P.c.

Fox, who told the court the wardens found nothing.

Under questioning by Crown Counsel Leighton Rochester, P.c. Peach told the court the Police marine unit, aware that Mr. Minks was under observation, passed him twice in the Mullet Bay area, with a time difference of ten to 15 minutes between sightings.

The constables told the court that at no time in their presence did Mr. Minks do anything illegal, or dump lobsters into the water.

From the prisoner's dock Mr. Minks, with a broad grin across his face, appeared to taunt Mr. Gowland who was sitting at the back of the courtroom.

In her final summation, Defence Counsel Keren Lomas urged Ms Mapp to view carefully the Crown's "inconsistant and unsafe'' evidence.

"They could only see shapes, and there was no sighting of identification numbers, a boat name, no sighting of coolers or even fish,'' said Ms Lomas.

Mr. Rochester replied the court had heard from four credible and consistent witnesses who had been observing Mr. Minks with a high-powered telescope and drew the court's attention to Mr. Minks' incriminating reaction when confronted by fisheries wardens from Rocky Hill Park.

"From Rocky Hill Park they saw him unload things and when they identified themselves Mr. Minks reverses and leaves.'' Ms Mapp will hand down her judgement on September 5.