I have resolved the issue as I had made the mistake of placing the above code which is correct BELOW the <?php wp_head(); ?>
Statement in the header.php file associated with the therme..
This is simple operator error and probably done to late at night ! Sorry for wasting peoples' time..
the correct solution was found at http://digwp.com/2009/06/including-jquery-in-wordpress-the-right-way/
Gus