guilty of possessing nine ounces of cocaine worth more than $75,000 with intent to supply.

But his lawyer Mark Pettingill said he will appeal the jury's "legally inconsistent verdict''.

Earlier, Mr. Pettingill's pleas were rejected by Chief Justice who said he would proceed to sentence because he did not accept Mr. Pettingill's assessment of the jury's decision.

Consequently, Mr. Pettingill has filed his notice of appeal and intends to proceed.

Before sentence was passed, Chief Justice Austin Ward said people like Burgess, who admitted that he possessed the cocaine and was trying to dispose of them before the Police came, were part of the reason why drugs were such a problem on the Island.

Crown counsel Charlene Scott said an appropriate sentence was between eight and 12 years.

But Mr. Pettingill argued that there was never any evidence to support any conspiracy to supply the drugs.

Before sentence was passed, Burgess declined to make any comment and Mr.

Justice Ward handed down a sentence of eight years.

During the trial, a Supreme Court jury found him guilty of possessing 250.3 grams of cocaine with intent to supply on June 5, 1996 and not guilty to the charge of handling the drug with intent to supply.

Burgess, 35, of Rockville Lane, Pembroke, was caught in the 2001 Cuts Boutique on Court Street with a plastic bag containing two packages of cocaine worth more than $70,000.

The cocaine was found to be 79 percent pure and worth $75,772.

Burgess was found in the 2001 Cuts Boutique with the drugs inside a plastic bag.

At the time he acted nervously and was trying to go outside but the Police detectives blocked his path.

Meanwhile Jamaican-born Ernell Campbell, a former wine steward on the Dreamward , was found in the bathroom.

He is serving a five-year sentence and testified that he bought the drugs to Bermuda after striking a deal with Burgess a week earlier.

Burgess denied ever making such a deal and said that when Campbell came into the shop to use the bathroom was the first time he ever saw him.

He said Campbell came into the store and asked to use the bathroom. During that time Burgess said he went outside to place some dirt in the trash when he noticed several narcotics officers in the vicinity of the Spinning Wheel nightclub.

On his return to the store, two of the officers came inside but left soon afterward.

Meanwhile Campbell, he said, had been in the bathroom for five to six minutes and he became suspicious.

And he said he asked Campbell if the Police were looking for him.

Burgess said he asked Campbell where the drugs were and Campbell said they were in a bag on a shelf.

However narcotics detectives came into the store and prevented Burgess from getting rid of the drugs and he was arrested.