Kirk Roberts, the man jailed for ten years for conspiracy to import cannabis, is to appeal his conviction in the European Court of Human Rights.

Late last year his Jamaican Queen's Counsel Frank Phipps took his case to Britain's Privy Council but was denied leave to appeal.

Now the case has been taken up by Interights - The International Centre for the Legal Protection of Human Rights - who will fight it in Strasbourg, France.

The charitable group is dedicated to fighting constitutional issues although no date has been set for any hearing.

It could be the last throw of the dice for Roberts, who lost in Bermuda's Court of Appeal last June when his lawyers argued he and co-conspirator Alphonso Holder were unfairly tried.

Roberts, a 42-year-old boatyard worker, of West Side Road, Sandys, was jailed in 2002 after being convicted of conspiring with St. Vincent man Holder and others not before the court, to import over 200 pounds of marijuana into Bermuda between an unknown date and December 19, 2000.

Holder was jailed for four years. At the Bermuda appeal Roberts' lawyers - Mr. Phipps and Ed Bailey - argued he was denied the right to a full hearing because the Crown did not fully disclose the circumstances behind an immunity deal granted to a key witness, the self-confessed drug runner Heinz Golombeck, whom they claimed had been recruited by the Crown years earlier.

Father and son fishermen Stephen Cabral Sr. and Jr. were also given immunity deals after giving Police official statements.

Roberts' lawyers also complained that the trial judge had not properly directed the jury when it came to circumstantial evidence. But the Appeals Court ruled the directions given by the judge were flawless.

Robert's wife Geralyn told The Royal Gazette that there were numerous strange things about the case including the decision by the Crown to hastily get the matter moved up to the Supreme Court when it looked like the long form preliminary inquiry in Magistrate's court was liable to go against them and result in a successful “no case to answer” submission.

Roberts was found guilty of conspiracy to import 200 pounds of cannabis worth an estimated $1.9 million but no money or drugs were found, said his wife.

Now the Crown is going after the couple's assets, but Mrs. Roberts said she couldn't understand how assets could be seized when there was no evidence anyone had gained.

She said a conspiracy meant “you thought about it, talked about it, planned it. It doesn't mean successfully. How can you confiscate assets when you can't prove money was made?”

The Roberts family have put in documents requested by the Crown and are now awaiting a court date.

It's understood Roberts feels Police were out to get him after rumours about his activities. It was Roberts' first criminal conviction, although both his parents, Barbara and William Roberts, were convicted of possession, handling and possession with intent to supply of 30 pounds of cocaine in 1997.

They both received 12-year sentences and have both since been released after doing one third of their time.

Roberts is due for parole in November next year.