cannabis from putting his defence to a jury, the Court of Appeal heard yesterday.

Jaha Akilly Mallory, 47, was jailed for six-and-a-half years in July for importing cannabis and cocaine worth $160,000 inside a suitcase at Bermuda International Airport on January 15.

Mallory admitted smuggling the cannabis but claimed he had no knowledge of the cocaine, which was sealed with the cannabis in the lining of one of the suitcases.

He changed his plea to guilty to smuggling the cocaine as well as the cannabis after Assistance Justice Charles-Etta Simmons ruled he had no defence. But at the Court of Appeal, his lawyer Mark Pettingill argued that Mallory had a defence which he should have been allowed to put to the jury.

"His defence is that he had no knowledge of the cocaine being in the suitcase. The judge was wrong in law not to leave the defence to the jury,'' said Mr. Pettingill.

Mr. Pettingill is appealing to have Mallory's conviction for the cocaine importation overturned. Appeal Court President Sir James Astwood said: "He does have a defence. A man always has a right to put a defence to the jury.

The jury might never believe him in a million years, but he has the right to put that defence, no matter how fantastic the defence.'' Crown counsel Patrick Doherty argued that Mallory did not have a defence of having no knowledge of the cocaine. He said: "The defendant is saying I'm importing cannabis in a suitcase but it turns out he's bringing cannabis and cocaine in the same suitcase. His mistake is to the whole extent of the narcotics he's bringing in. The Crown does not have to prove he knows where the drug is.'' In response to a suggestion from Sir James that there might be a retrial, Mr.

Doherty said in that instance it should only be to the charges of importing the cocaine. But Mr. Pettingill said: "This is not a case for re-trial. Too much has been made if it, and it creates a double jeopardy situation.'' The Appeal Court will issue a written judgement later this month.