A London cabbie lost his appeal yesterday against an 11-year sentence for importing nearly half a million dollars worth of heroin into Bermuda.

Martin Cashman 51, had smuggled the drug in 16 laminated pictures of English scenery and portraits containing 498.31 grams of heroin laced with valium on October 5 last year.

He was convicted by a unanimous jury verdict of importation of a controlled drug and possession with intent to supply in February.

In his appeal defence lawyer Elizabeth Christopher had argued there was procedural irregularity as the jury had asked the judge if they could convict on one count and acquit on the other.

But Assistant Justice Archibald Warner sent them a note saying he would speak to them on returning from another hearing by which time they had convicted him on both counts.

Ms Christopher said the judge should have immediately told lawyers about the note he sent and the jury could have been confused and desperate as they made their decision late in the day.

However the three-man Appeals Court ruled yesterday it was not an irregularity and it was impossible to speculate on what went on in the jury room.

The Appeals Court noted the judge had asked the jury, after agreeing with the lawyers, whether they wanted the original question answered and they did not.

She also quibbled with the good character direction given by the judge.

He noted Cashman had never before been arrested or investigated for any criminal matters but that did not mean he was not guilty.

However the Appeals Court did not agree that last clause undid the praise for Mr. Cashman?s good character.

Throughout his trial Cashman had maintained a family friend ? Norman Frazer ? had given him the pictures to give to friends in Bermuda on the day he flew to the Island.

However prosecutors pointed out Cashman, a married father of two adult children, was unable to give the name of the friend to whom he was supposed to give the package.

During the trial defence lawyer Richard Hector pointed to Cashman?s cooperation with the Police ? including helping them to mount an unsuccessful sting operation while Mr. Frazer had left London.

The drugs had a street value of $484,200 and were discovered when Cashman arrived on the British Airways flight from Gatwick customs and Police searched his bag.