had his jail term reduced by four years.

But Michael Wayne Brown failed in his attempt this week to have the conviction quashed in the Court of Appeal.

Brown was convicted in April this year of possessing close to 80 grams of cocaine with an estimated street value of $15,400, and drug equipment. He admitted having the drug equipment but pleaded not guilty to the possession charge.

Brown's lawyer Mr. Philip Perinchief this week successfully appealed that the sentence was excessive compared to other similar cases.

He also claimed that evidence was kept from the jury due to a decision made by the trial judge the Hon. Justice Ward, now the Chief Justice of Bermuda.

On October 29, 1991, Brown was arrested by narcotics officers on routine patrol in the area known as Middle Town in Pembroke. He was spotted standing alone on Middle Town Lane with his back towards the officers, fidgeting with something in his back pocket.

The officers said they saw him drop an object to the ground and toss a large plastic bag into the yard of a private residence.

Brown then handed Det. Con. Rudolph Richardson an aluminium foil bundle containing $6,000 in mixed currency. A further $1,510 was found in his pants pockets.

Brown said some of the money belonged to "a friend'' and he testified that the remainder was his own, earned through gambling and cutting his sister's lawn. The two packages retrieved at the scene contained 108 twists of cocaine.

Police also found plastic strips and cut bag ties concealed in a stereo speaker during a search of Brown's apartment on Berkeley Road in Pembroke.

During the trial the court heard that a closet full of new clothes and sneakers, a stereo CD player with six speakers and a magnum bottle of champagne were found. Brown told the court that friends had given him many of the items.

During the three-day trial, defence witness William (Sherbet eye) Robinson admitted that he had sold seven twists of cocaine for Brown just hours before his arrest.

But Robinson, who said that he was no longer involved with the local drug scene, insisted the drugs found on the lawn did not belong to Brown.

He added that Brown was not in possession of any plastic bags when Police arrived in the area.

In the Court of Appeal, Mr. Perinchief said that during the trial the jury had doubts because they requested to look at a site map of the Middle Town area.

However, their request was denied by the judge. Mr. Perinchief said: "It was clear that they were not clear on the evidence given by the prosecution.'' He said the judge had no right to determine whether a site visit was necessary and he had prevented his client from presenting his defence fully.

Mr. Perinchief said he believed the evidence of a guilty plea was laid before the jury on the other charge and he felt that the judge had erred in law.

He added: "The judge did not give an even-handed and balanced summation of events to the jury and this resulted in a travesty and miscarriage of justice.

It was highly prejudicial to the appellant. The jury verdict was perverse on the facts and in law.'' Mr. Perinchief described the sentence as "harsh, manifestly excessive and out of alignment with like sentences''.

Crown Counsel Ms Sharon Kenny said the sentence was high because Brown had been found guilty of possession "with intent to supply''.

"Mr. Brown was the middle man at the end of the chain,'' she said. Tribunal President the Hon. Sir Denys Roberts said their decision was to decrease the sentence from 14 to 10 years but they dismissed the appeal against conviction.

He said reasons for their decision would be given at a later date.