The Crown has until this morning to get computer records properly certified to be used in a case of Internet time theft.

Magistrate Archibald Warner told Crown counsel Charmaine Smith "you've got a good model'' in Bermuda Telephone Company records she produced Tuesday in the trial of Micah McManus accused of using another man's Internet account.

But Mr. Warner warned Mrs. Smith he would rule against her if she were to try to submit records from Internet provider North Rock Communications in any other way than through the "hearsay clauses'' of the Evidence Act.

The pair argued for about an hour, finally admitting they "were going in circles'' in discussing the admissibility of the records.

McManus, representing himself, has pleaded not guilty to using up to 122 minutes of Internet access on Clarence Smith's North Rock account.

The records purport to show the 20-year-old McManus used Mr. Smith's password and user name to access the Internet.

Mrs. Smith was given all afternoon to get the computer records from that day on Mr. Smith's and McManus' accounts.

Mr. Warner told Mrs. Smith: "I can tell you that I will rule against you.

You've got a good model in the BTC records.'' The blow up came as Mrs. Smith was questioning prosecution witness Sean Watkins about the two accounts with North Rock.

Mr. Watkins, a network administrator, explained for the court the process for signing up for an account and how two computers communicate over phone lines.

For Mr. Watkins to address the printouts without proof they are officially retrieved North Rock records, would be improper, the Magistrate said.

"For him to address them is hearsay. The law provides for this particular problem,'' Mr. Warner told Mrs. Smith. "You've got to follow the scheme. He can come here and say he is an engineer and knows the system backward and forward.

"But the law must be followed. That's the problem. He is here asserting that things did happen that he did not see which he can't do properly in evidence.'' He told Mrs. Smith: "I want you to know that this is no way a reflection on you or the way you have conducted the case. But I'll rule against you.'' Yesterday Mr. Warner accepted as admissible BTC records which were produced under a search warrant. A BTC director swore the documents.

Mrs. Smith, trying to prove her point, shrugged and said: "Okay, it'll probably be Mr. Watkins signing it anyway.'' Also yesterday, at one point, Mr. Warner interjected as Mr. Watkins hesitated in his testimony: "Yes, yes, tell me. I don't know how the computer does all these things, but I want to learn.'' Most of the morning session was taken up with evidence from Mr. Smith who detailed his dealings with McManus and the computer problems he had which prompted McManus' hiring.