A trial judge misdirected a jury which convicted a travelling salesman of importing cocaine into Bermuda in rum bottles, the Court of Appeal heard yesterday.

Victoria Pearman, lawyer for Clifton Hopeton Morrison, said Puisne Judge Norma Wade-Miller did not direct the Supreme Court jury clearly about her client's defence that he did not know the bottles contained cocaine.

Crown counsel Sandra Bacchus, urging the court to uphold Morrison's conviction and 12-year prison sentence, argued that the jury was properly directed, and even if there was an "irregularity'' on the question of knowledge, it did not have a material effect on the outcome of the trial.

Ms Pearman said Morrison, of St. Ann's Parish, Jamaica, had put forward a coherent case that he "kept pushing himself'' to find out if the bottles, which a man called Jabba had asked him to bring to Bermuda from Jamaica, contained only rum.

Morrison, 38, had asked Jabba for a receipt for the bottles, which Jabba allegedly said were duty-free. Jabba replied that the receipt was at home.

Morrison said he checked the bottles, whose seal was unbroken, against other duty-free bottles at the airport and thought they looked the same.

When the bottles were checked by Customs officers at the airport at Miami and cleared, Morrison believed they were legitimate, she argued.

Customs officers at Bermuda seized the bottles, which were found to contain $90,000 worth of cocaine. Morrison was imprisoned for 12 years in July.

Ms Pearman said Mrs. Justice Wade-Miller misdirected the jury on the question of Morrison's knowledge. The jury were sent out and came back with some questions.

Ms Pearman said the jury was "confused and grappling with the defence''. She said the judge said if they were confused they should disregard the question of whether Morrison had a "guilty mind'' -- i.e. that he knew about the drugs. This, said Ms Pearman "killed the defence''.

She said: "There is a defence on knowledge, and Mr. Morrison led substantial evidence in which the jury might have been satisfied that he did not have the requisite knowledge.'' But Ms Bacchus told the Appeal Court President Sir James Astwood, sitting with Sir Derek Cons and Philip Clough, that: "This case was overwhelming with respect to the two areas of importation and possession.'' She said the judge in her summing-up had put the defence case "exhaustively''. She said the jury became confused after she explained to them the Misuse of Drugs Act and the question of handling.

She said: "Mr. Morrison's second statement, is an admission that he contracted with someone to bring in the bottles and he suspected they had cocaine, but he says they were checked at Miami and he was satisfied.

"He does not deny he was in possession of the bottles throughout and when he got them to Bermuda they had cocaine in them. He is presumed to know.'' Sir Derek said: "If the Customs in Miami in effect tell him there is no cocaine, isn't he entitled to have no reason to suspect?'' Sir James added: "The law in Bermuda is Draconian. It is a very difficult situation to get out of.

"He has come here. He has got his suitcase and they have found that. What can he say? He has given evidence (of what happened) from Miami to New York and Bermuda and if that is properly put to the jury could they believe that?'' Ms Bacchus replied: "It was all exhaustively put to the jury.'' Mr. Justice Clough asked: "After all this summing up, they (the jury) are still in difficulty?'' Ms Bacchus said: "It is my submission that it was properly put to the jury.'' Sir James responded: "So why are they still asking questions? It is incumbent on the judge to make it very clear.

"It is very difficult for a defendant to get out of the problem. That is what is causing us great concern in this case.'' The Appeal Court judges will issue a written judgment in due course.