A former prisoner was released from jail on Wednesday after a judge questioned the assumption that a razor blade is meant to be used as drug paraphernalia.

Neiko Burchall, 28, was convicted last December on two counts of drug possession as well as possession of drug paraphernalia.

After pleading not guilty and acting in his own defence during the trial, he received three months imprisonment for the possession of 0.21 grams of crack cocaine, and two years for the possession of a razor blade which the Crown claimed was for use with drugs.

Burchall reappeared in Supreme Court on Wednesday with lawyer Peter Farge to appeal both the convictions and the sentence.

Mr. Farge said that no evidence was ever offered by the Crown to show Burchall intended to use the razor blade with drugs, despite the blade being found in the same pocket as the paper twist of cocaine.

Though Crown counsel Graveney Bannister protested it was ?common knowledge? that razor blades are used with cocaine, Justice Ian Kawaley allowed Mr. Farge?s appeal, noting that Police officers had not expressed their opinion to the court that this was the intended use for the blade.

Saying the Magistrate had a duty to guide Burchall during the trial, Mr. Farge also appealed the first conviction, pointing out no one picked up on a particular discrepancy in the evidence.

Though Police officers said at the trial they found Burchall with one paper twist of crack cocaine on him on April 16, 2003, an exhibit bag was labelled with two twists, and the Government analyst also reported two twists.

?Somehow two got in there, but only one was taken from my client,? Mr. Farge said.

Mr. Bannister pointed out Police officers saw the white, rock-like substance when they took the twist from Burchall, and Justice Kawaley eventually ruled that conviction still stood.

Mr. Farge also protested the length of the sentence imposed.

The Magistrate had imposed the sentence of two years because of the belief Burchall needed that much time to benefit from drug treatment, he said, however as Mr. Kawaley noted, the Magistrate made that assessment without the benefit of reports from BARC (Bermuda Assessment and Referral Centre) or a social inquiry report.

Mr. Bannister pointed out the Magistrate was well within the sentencing guidelines of the Misuse of Drugs Act and that Burchall, who was well-known to the courts, had received all manner of sentences previously ? fines, suspended sentences, and shorter jail time ? clearly none had had the necessary effect.

However, Mr. Kawaley remained uncomfortable with the Magistrate?s reasoning.

?The only reason given is a desire for treatment, and in my view he didn?t have the basis to determine that,? he said.

?It seems to me no court can make a properly informed decision on an appropriate method (of treatment for drug addiction) without some sort of independent information.?

Mr. Kawaley released Burchall on $1,000 bail with one surety pending the results of a BARC report and a social inquiry report into the matter.

Burchall will re-appear for mention at the next arraignments session on May 3.