THERE was consternation in Kennet magistrates' court on today when the bench withdrew while an empty canister of poison was removed from court.

The canister which used to contain the rodenticide Phostoxin was being introduced in evidence by barrister John Upton, who was defending Viscount Machada, 64, the owner of Manningford Bruce estate near Pewsey, and his gamekeeper Gordon Smart, also 64.

Mr Smart had pleaded guilty to five counts of not storing Phostoxin in a safe place and failing to take all reasonable precautions to keeping it safe by allowing it to be transported loose in a vehicle.

The Viscount, or Visconde Brita de Cunha de Pereiro Machada, admitted two charges of permitting Mr Smart to do so.

A charge against Mr Smart of poisoning a wild bird was withdrawn by the court after the Crown Prosecution Service said it was not proceeding with them.

Mr Upton showed the bench the empty canister of Phostoxin and took the deep screw cap off to demonstrate how safe it was.

But prosecutor Philomena Craffield, after consulting with RSPB investigating officer Guy Shorrock, told the court there was concern about the safety of the canister and it should not be in court.

The bench retired while Viscount Machada removed the canister.

Miss Craffield told the court that police officers attended Mr Smart's home at The Firs, Manningford Bruce, on June 29 2006.

They found a canister of Phostoxin in a container under the seat of his Land Rover. Elsewhere on the estate, they found a canister of the rodenticide Deadline in an open barn.

Miss Craffield explained that Phostoxin emitted the deadly Phosphene gas when it was mixed with water.

John Upton, defending, said the only reason the police had called at Mr Smart's house that morning was they were investigating the death of two buzzards and a magpie from poisoning.

Although Mr Smart had originally been charged with causing the deaths of the birds, that charge had been dropped by the CPS.

He said Mr Smart had worked as a gamekeeper on the estate for 40 years, 20 years with Viscount Machada as owner.

He said that, although Mr Smart had no formal training on handling and storing poisons, he had learned by the experience of watching others.

Mr Shorrock told the court he was not a poisons expert but knew the law on storing poisons and said that purchasers had to sign a register when buying it and the pharmacist had to be satisfied they were a proper person to buy it.

Presiding magistrate Jill Pechey told Viscount Machada that, as an employer, he had a duty of care to provide the correct advice, training and guidance to Mr Smart.

The bench fined him £2,500 and a further £1,000 for permitting the poisons to be stored in an unsafe place. He was also ordered to pay £400 court costs.

Mr Smart was fined a total of £1,000 on all five offences and £100 costs.

Mr Upton successfully argued that costs should be paid to his client for the expense of obtaining expert help on the charge of poisoning wildlife, which had been dropped.

The £3,286 bill will be paid from public funds.