The man who was held in jail for allegedly importing nearly a kilo of cocaine from Jamaica in rum bottles, walked out of court a free man for the first time in more than two years, after winning his Court of Appeal case yesterday.

Clifton Hopeton Morrison and his lawyers breathed a sigh of relief when the judgement was handed down by president of the Court of Appeals, Sir James Astwood. The Court of Appeal panel ruled that any further proceedings would be an abuse of process.

And the decision to "grant a permanent stay of all further proceedings", cleared the path for Morrison to return home to his native Jamaica. According to his lawyer Victoria Pearman, he will not be deported, but instead leave Bermuda on his own steam.

Morrison, 40, was arrested on February 6, 1999, for allegedly importing more than $300,000 worth of cocaine - which was broken up and dispersed in two rum bottles.

Morrison's epic case was of particular interest, because this was the fourth time that the prosecution sought to try Morrison for the offence which had already gone through three trials.

But he maintained a not guilty plea throughout all three proceedings based on the fact that he was unaware of the contents of the bottles.

In summation of the judgement handed down, the Court of Appeal panel said it had reviewed all the arguments delivered by Morrison's lawyers, which included Dr. Ian Kawaley and Craig Attridge, and decided that to proceed with a fourth trial would "not be perceived as fair".

They also based their judgement on the fact that, according to law, no person shall be tried for the same offence more than three times.

But they also took particular issue that the trial judge, Justice Norma Wade - Miller, did not excuse herself from the case, instead sitting on all three proceedings.

Because of that, the panel suggested, she could not remain impartial.

"What has seriously concerned us throughout this appeal is the fact that the retrial ordered by this court in November 1999 was set down before the same judge, who presided over the original," the panel said. "That was most unusual. Indeed in all our experience here and in other jurisdictions we cannot recall any other instance where such a thing has been done."

The Justices also said they took issue with the fact that Mrs. Justice Wade - Miller did not believe it would be unfair for Morrison to have to give evidence again and that if another trial was granted that would be more time in prison confinement for Morrison.

The panel continued: "Having regard to all the circumstances of this case, we are satisfied that that time has come - for this reason we allow the appeal and order that all further proceedings on the indictment in question be permanently stayed."

The first time Morrison was tried, he was convicted and sentenced to 12 years' imprisonment, but the case was turned over on appeal and ordered to be retried.There was a delay of process with the case not once but twice, when the matter was aborted because of jury issues and the fact that there were deaths in the family of those involved in the case.