The judge in an assault trial in Charlottetown, P.E.I. for the man accused of smacking Prime Minister Jean Chretien with a pie, has decided again that the PM does not need to testify.

Evan Brown's lawyer argued in provincial court that it would be difficult to mount a proper defence without the evidence of the victim in the case and wanted to adjourn the case while an appeals court debates the matter. But the judge turned down the request, saying it wasn't necessary to hear from the prime minister.

The judge adjourned the proceedings early Monday, agreeing to set the matter over until Tuesday.

Brown, a 24-year-old actor, allegedly shoved the pie into the PM's face while at an agricultural fair in Charlottetown last August. The incident was caught on tape and raised worries about the PM's security.

Brown has pleaded not guilty.

After the incident, Brown claimed to represent the PEI Pie Brigade. He said that he wanted to protest against social issues and the sale of genetically engineered foods in Canada.

Brown says he can't apologize because he said Chretien deserved to be publicly humiliated. He has also said he doesn't believe he should have been charged with assault.

``Maybe causing a public disturbance or mischief,'' he said. ``But no, I don't think it's assault.''

PIES: THE OTHER POLITICAL TOOL

This wasn't the first time someone had hurled a dairy product at a politician.

On Oct. 6, Canadian Alliance leader Stockwell Day was doused with chocolate milk in Kitchener, Ont., just as he was about to unveil his party's platform. Julian Ichim, 21, was charged with assault in that incident.

Pie-packing assailants in Quebec have targeted Montreal Mayor Pierre Bourque and even actor Sylvester Stallone.

Last year, two men hit Intergovernmental Affairs Minister Stephane Dion with a pie at a Montreal soup kitchen. They were convicted in April of assault.

Another man charged with hitting former Quebec Premier Jacques Parizeau with a pie goes to trial in December.