There was a heavy Police presence inside Supreme Court two yesterday morning as lawyers for two men accused of plotting to kill three Policemen launched a constitutional appeal.

Their clients, Jevon Earnest Gardner, 27, of Crossfield Lane, Sandys and Kenneth Durrant, 53, of Ord Road, Warwick are accused of planning to kill three Policemen and two civilians on November 29 last year. Both face a further charge of attempting to pervert the course of justice.

Victoria Pearman, who represents Gardner, is challenging the constitutionality of the provision which allows a judge to refer cases directly to the Supreme Court without going via Magistrates? Court.

The two men filed a writ against the Director of Public Prosecutions, Vinette Graham-Allen late last month in the Matter of Section 15 of the Bermuda Constitution Order 1968.

Ms Pearman told the court that she wanted Justice Ground to view the constitutionality of the Legislative provisions which govern the process.

This includes Section 15 (1) of the Bermuda Constitution, ?If any person alleges that any of the foregoing provisions of this Chapter has been, is being or is likely to be contravened in relation to him, then, without prejudice to any other action with respect to the same matter which is lawfully available, that person may apply to the Supreme Court for redress.?

Mrs. Graham-Allen yesterday argued that the Supreme Court could not rule against itself.

Chief Justice Richard Ground responded that Gardner and Durrant were not seeking declaratory redress against the Supreme Court, but against the DPP.

Mrs. Graham-Allen responded: ?The one follows the other?.

After a short break, Mr. Justice Ground returned and said he would hear what Mrs. Pearman had to say before making a decision to allow the matter to go ahead, or not.

The case is expected to continue on Monday.