A 27-year-old American man who imported 279.5 grams of cocaine and received a two-year suspended sentence plus a $10,000 fine for his efforts, has had that sentence overturned and will now face four years in jail should he ever return to the Island.

The Crown appealed a previous sentence handed down by Magistrate Edward King on June 23, in which the accused, Yusef Sharif Phillips, of Columbia, S.C.

paid a hefty fine to stay out of prison.

The sentence was handed down following an impassioned appeal by Phillip's father, who told the lower court he would rather pay the huge fine than see his son go to prison.

Crown counsel Juan Wolffe told Chief Justice Austin Ward that the Crown believed the appeal had its desired effect: "It appears that if you have an Oscar-winning performance in Magistrates' court, you could possibly evade a prison sentence.'' Mr. Wolffe continued saying that the Crown feared the sentence sent a wrong message to would be drug importers.

Mr. Wolffe noted Phillips was aware of his actions and had deliberately concealed the drugs: Phillips was busted on June 11 at the Bermuda International Airport. A search by Customs turned up the cocaine -- with a street value of $28, 375 -- hidden in a quantity of toothpaste and soap.

Mr. Wolffe also pointed out Phillips initially denied responsibility for the cocaine and offered no cooperation.

Mr. Justice Ward agreed, and said a custodial sentence rather then a suspended sentence should have been imposed.

Unfortunately added Mr. Wolffe, it appeared doubtful justice would ever be served: "Because he is not here in court today and did not send representation, his absence shows he knows he got away with something.''