By ARTESIA DAVIS, Guardian Senior Reporter, artesia@nasguard.com

Prosecutors took too long to try Leroy Adderley on a rape charge, Acting Supreme Court Justice Elliot Lockhart ruled yesterday.

Lockhart upheld a constitutional motion by Adderley's lawyer, Ramona Farquharson, who had argued that the delay of four years and three months violated his right to trial within a reasonable time.

Adderley, 43, of Colony Village, was accused of the rape of a 16-year-old girl.

In addition to the delay, Farquharson argued that the preliminary inquiry into the charge was unfair because Adderley was not given an opportunity to call witnesses.

She also submitted that the lapse in time had affected the ability of one of those alibi witnesses, who could not recall if Adderley really was at Social Services as he had claimed.

Justice Lockhart ruled that "taken in its totality" it would be unfair for the trial to proceed.

As police led Adderley from the court, he told a friend, "I mash that one up."

Last August, he was accused of having sex with a 12-year-old girl. The case is still pending.

He was convicted of robbery in 1994 and rape in 1998.