After a defence counsel requested more research, an Iraqi judge deferred the trial of a British man and a German man accused of attempting to smuggle artefacts for two weeks.

James Fitton, 66, a retired British geologist, and Volker Waldmann, 60, a Berlin psychologist, have been in custody since they were arrested on March 20 at Baghdad airport as they wound up their holiday.

According to statements from customs officers and witnesses, Fitton’s baggage contained 10 stone fragments, pieces of pottery or ceramics. Waldmann allegedly had two pieces, but denied they were his.

The two men did not know each other before they travelled to Iraq on an organized tour, and both say they had no intention of breaking the law.

The trial was adjourned until June 6 to allow time for further investigations, at the request of Waldmann’s defence lawyer, Furat Kuba.

During initial investigations, “certain important aspects were not examined”, Kuba said, citing the report of an expert committee that said the fragments found with the men were antiquities.

“We don’t have any more details: what site do these pieces come from? What era, what civilization do they date back to?” Kuba asked, adding there were also outstanding questions relating to the site where the fragments were collected.

“Is it fenced and protected?” Kuba asked. “Are there signs indicating that these are ancient pieces that it is forbidden to collect?”

Kuba said he wanted the tour guide or an Iraqi official who had been present at the site to give evidence in court as to whether the tourists had received instructions prohibiting them from picking up fragments.

Their trial comes with the war-ravaged country, whose tourism infrastructure is almost non-existent, timidly opening to visitors.

Iraq has also been trying to recover antiquities that were looted over a period of decades from the country whose civilization dates back thousands of years.

The judge told the accused they were charged under a 2002 law which provides for sentences up to the death penalty for those guilty of “intentionally taking or trying to take out of Iraq an antiquity”.

Fitton, at the start of the trial, when asked why he tried to take the artefacts out of Iraq, cited his “hobby”, saying he was interested in “geology and ancient history and archeology,” and was not aware that taking the fragments was illegal.

The things supposedly recovered in Waldmann’s luggage were not his, rather they were Fitton’s.