A convicted killer found guilty of assaulting a prison officer lost his appeal against sentence in Supreme Court on Wednesday but is now trying again in the Appeals Court.

Leroy Elmer Burgess, 35, punched prison officer Stuart Hollis in the face and chest at Westgate prison on June 10 last year.

During the struggle Hollis was knocked out and grabbed around the neck before being rescued by another prisoner.

Burgess's lawyer, Larry Mussenden, said his client had been provoked because Hollis had said Burgess was a murderer but he had only been convicted of manslaughter.

Burgess was jailed for life - without parole - in 1993 for the 1992 killing of female German tourist Antja Herkommer while he was on a work release programme in Dockyard.

But Chief Justice Austin Ward said whether it was murder or manslaughter it was all homicide and the circumstances had been particularly gruesome.

He dismissed Mr. Mussenden's argument that Hollis should not have got into an argument with Burgess and should have referred it to the commissioner because that would put the prison officer below the status of a prisoner.

He said Hollis was acting in the exercise of his duty and dismissed the appeal. Burgess was ordered to return to Magistrates' Court for sentence yesterday but Mr. Mussenden told Magistrate William Francis an appeal had been filed for a hearing in Appeals Court.

Mr. Francis said sentencing would be deferred pending the outcome of the appeal.

Fraud accused to stand trial

A Southampton man will be tried in Magistrates' Court next month after he denied fraudulently obtaining more than $27,000 by making false deposits and withdrawals at the Bank of Bermuda last month.

Dwayne Gilbert, 41, opted to be tried before a Magistrate after he pleaded not guilty to making $16,400 worth of false deposits into a bank account. He was also charged with making false withdrawals to the tune of $10,800 between July 16 and 27 at Automatic Teller Machines, bank branches and shops throughout the Island.

Although his lawyer Elizabeth Christopher argued he should be given bail because of the presumption of innocence, he was remanded in custody until September 26 when he will be tried before a Magistrate.

Visitor fined

An American visitor had to pay $1,000 after he was caught importing cannabis into the Island this week.

Customs officers at Bermuda International Airport found 1.96 grams on Robert Miracco, 47, of Staten Island, New York, after he arrived on the Island on a flight from New York on Tuesday.

Miracco gave his "sincere apologies" to the court and Magistrate Carlisle Greaves fined him $1000, which was paid immediately.