five-month-old godson, failed yesterday in a bid to be freed from prison, pending her appeal against conviction.

At a hearing in chambers at the Supreme Court, Chief Justice Austin Ward rejected an application by Tuzo's counsel Philip Perinchief for her to be released on bail.

Senior Crown counsel Brian Calhoun opposed the application during the hearing, which lasted one hour.

Tuzo, 20, who is being held in the Co-ed Facility at Ferry Reach, St.

George's, was not in court.

She was convicted of the manslaughter of her godson Saed Young, who suffered horrendous injuries including bites and a fractured skull while Tuzo and her boyfriend Jermaine Pearman were supposed to be looking after him during a ten-day period in a house in Bob's Valley Lane, Sandys, in August 1997.

A jury found Tuzo, of Bob's Valley Lane, guilty of the manslaughter of Saed on the grounds of gross negligence because she failed to get the child medical attention for the injuries he received as a result of Pearman's abuse.

Pearman, 27, of the same address, pleaded guilty to manslaughter and will appear on November 1 when a date will be set for sentencing.

Meanwhile, Mr. Perinchief has lodged papers for Tuzo's appeal against conviction, but the application is unlikely to be heard until the next Court of Appeal session in the New Year.

The papers, which have been seen by The Royal Gazette , list nine grounds for the conviction to be overturned.

The first ground is that the trial judge Mr. Justice Ward allegedly failed to adequately or properly put Tuzo's defence to the jury that she had an honest, albeit mistaken, but reasonable belief as to why Saed was lethargic.

Another claim is that forensic pathologist Dr. Valerie Rao made an inadmissible legal conclusion that the child's death was not the result of an accident.

The appeal papers allege the conviction is perverse because it is not supported by the facts or the "contradictory or conflicting theories of the Crown's expert medical witnesses''.