of an 11-year-old girl has been postponed indefinitely.

The 18-year-old man -- who cannot be named -- received the reprieve just over a year after the alleged February 10, 1999 incident.

Crown counsel Graveney Bannister told Magistrate Edward King: "Your Worship, a not guilty plea has been entered and I have been advised that the Crown should seek a nolle prosecui (a stay of prosecution).'' Mr. Bannister added: "This is because of a grave illness of a party to the case.'' The girl's mother broke down and cried in the courtroom yesterday after Mr.

King discharged the man.

She questioned why the case had been thrown out.

But Mr. King explained that prosecutors could bring the man back before the courts within the next year if they chose.

"If the situation changes, they may bring you back,'' he said, hinting that if the person recovers from the illness, the man could face trial again.

Senior Crown counsel Peter Eccles told The Royal Gazette that the Crown had no option but to postpone the case.

"Quite simply, without her evidence we can't proceed. We need her,'' he said.

"If in the next year she is able and it would not endanger her health, then we will proceed with the case without hesitation,'' Mr. Eccles added. "This is not over. She might be able to testify in due course.'' He said that to testify a person would have to "literally relive the crime'' but it was the Crown's information that the girl had been suffering from blackouts since the ordeal.

"I am not her physician,'' Mr. Eccles said. "My understanding is she is blanking out. She is not able to testify. My information is that she was not even there this morning.'' Mr. Eccles further explained the nulle prosecui as a "suspension'' of prosecution, not an "end'' of prosecution.

"There's a huge difference. We can't proceed. The complainant is just not in a position to assist the court right now.'' A 14-year-old Pembroke juvenile who admitted his part in the assault on November 17 was sent to a juvenile home on February 16.