Even though the wife of Baron Hans Heinrich Thyssen-Bornemisza may benefit from a successful battle over control of a $2.7 billion Bermuda-based trust, legal documents belonging to the couple should not be part of an upcoming civil trial, a court heard yesterday.

Bermuda's Court of Appeal is currently hearing arguments over whether the documents, which relate to an art trust set up by the Baron and his wife Carmen, should be part of evidence to be used in the trial.

A Supreme Court judge had previously ruled that the documents could be used as evidence. The Baron's lawyer, Michael Crystal, is appealing that ruling.

Continuing his arguments from last week, Mr. Crystal said yesterday the Court of Appeal must first find the Baroness has a legal connection to the suit through her husband before the documents can be admitted.

Finding that she might benefit from the outcome of the Baron's suit against his son Georg is not enough, he argued.

He denied claims by the defence that documents dealing with communications between the couple and their lawyer had not been handed over as required by court order. Some 10,000 documents had been handed over to the defence, Mr.

Crystal said.

The couple claim the documents can't be admitted as evidence as they are part of privileged communications with their lawyer.

The documents are part of the legal advice given to the couple between 1990 to 1993, when the Baron sold his art collection, one of the world's largest then in private hands, to the Spanish government for $350 million.

The collection is housed in Madrid in the Thyssen-Bornemisza Museum and might become part of the dispute if the Bermuda trust in dispute is dissolved.

The main asset of the trust is the Monte Carlo-based Thyssen-Bornemisza Group.

The Court of Appeal hearing is a preliminary skirmish to the full civil suit, expected to begin later this year.