yesterday because the alleged victim was still away on holiday.

Mark Pettingill, representing the accused man, immediately called for the case to be dismissed.

But Puisne Judge Norma Wade Miller said she would only hear the application if the complainant was still unavailable when the defendant was next in court.

The judge bailed the accused, a 25-year-old from Sandys Parish, until his next Supreme Court hearing at the January 5 arraignments session.

He is charged with serious sexual assault on a 24-year-old woman on June 16 this year.

But the woman, who cannot be identified, was in Jamaica when the trial was originally due to start last Monday.

And Crown counsel Charlene Scott said she was stil unable to find a flight home in time for yesterday's hearing.

She said: "My information received this morning was that the complainant in this matter was still having difficulties returning from Jamaica to this country and, at this stage, doesn't have a ticket in her hand.'' Mr. Pettingill objected to the new date being set and called for his client to be freed.

He said: "I apply for this matter to be dismissed for want of prosecution.'' Mrs. Wade Miller adjourned the case and said Mr. Pettingill would be "in a much stronger position'' to make his application if the woman did not appear.