Bermuda the Chief Justice ruled yesterday.

At a Supreme Court hearing yesterday the Hon. Mr. Justice Ward outlined his reasons for upholding a deportation order made by the Governor against Sefton Roy Gunness last month.

In doing so he confirmed the order made under Section 106(1)(c) of the Bermuda Immigration and Protection Act 1956 which provides for the deportation of anyone who enters the Island for immoral purposes.

Mr. Ward said that on arriving in Bermuda Gunness falsely stated he was single on a work permit application when he was married to a woman in Jamaica. After obtaining a divorce he married the Bermudian mother of his child with whom he lived for just over a month before divorcing a year later.

"Divorce after such a short period may only be granted in cases of exceptional hardship suffered by the petitioner or exceptional depravity on the part of the respondent,'' Mr. Ward said.

During that time Gunness was charged with assaulting his wife. He was bound over for good behaviour by the courts but not convicted.

Mr. Ward agreed with the argument put forward by Solicitor General Mr. Barrie Meade that Gunness had arrived in Bermuda with immoral intentions.

Mr. Ward also overturned an argument by Gunness' lawyer Mr. Richard Hector that his client was denied the opportunity to present his case and that natural justice had been breached.

A letter from the Chief Immigration Officer advised Gunness's lawyer that his client should leave Bermuda before December 1 1994. Gunness, who was avoiding his lawyer for non-payment of fees, claimed he never received it.

But Mr. Ward yesterday ruled there was no requirement that letters be personally delivered and that the authorities could not have known Gunness was avoiding his lawyer.

"It is to be expected that mail sent to that address would come to the attention of the applicant in the ordinary course of business,'' Mr. Ward said.

Mr. Hector yesterday confirmed he would be appealing the judgment on behalf of his client who was deported to Jamaica within 10 days of the original hearing earlier this month.