Two men jailed for an armed robbery at the Bank of Bermuda appeared in court yesterday in a bid to reduce their sentences or overturn their convictions.

Michael Eugene Dillas, 33, was jailed for 18 years and Rupert Elroy Archibald, 38, for 30 years for the $37,000 heist at the Somerset branch of the bank in April 1997.

At their trial last year, the Supreme Court heard Dillas had acted as a look-out, minding motorbikes for the three other gang members, while Archibald stood guard at the door and fired a .357 Magnum pistol over the heads of customers.

Dillas and Archibald denied being part of the gang and entered pleas of alibi, claiming they were smoking marijuana at Riddell's Bay Golf Course when the robbery took place, and that they hid in bushes when they heard Police sirens.

Testimony from gang member Yusef Ameerbakka DeSilva, who pleaded guilty to the robbery and was jailed for 18 years, convicted the pair.

A fourth member was named at the trial as Travis Dill. He is believed to have left the Island and was last year reported to be facing extradition proceedings.

Archibald's barrister, Philip Perinchief, told three Appeal Court judges that by pleading guilty, DeSilva had an incentive to "embellish'' his evidence and had "inducements to make him say just about anything''.

Sir James Astwood, presiding, along with Sir Derek Cons and Philip Clough, said: "He would have to be a pretty reckless fellow to say they were doing things when they weren't there.'' Mr. Perinchief said the indictment was flawed and "highly prejudicial'' towards Archibald because it included DeSilva, even though he had pleaded guilty.

He said the trial judge, Chief Justice Austin Ward, had signalled the "death of the alibi defence'' for Archibald when he stated to the jury that DeSilva was an accomplice. He said it was for the jury to decide if DeSilva was an accomplice.

Mr. Perinchief said DeSilva had referred to previous or similar convictions of Archibald. Archibald's counsel, Archibald Warner, had said his client would be unable to get a fair trial from that point on, but that that had been over-ruled by Mr. Justice Ward.

He argued a statement in court by DeSilva that "what goes around comes around'' was a reference to a previous case in which Archibald was found guilty.

Sir James retorted: "If it is a reference to previous convictions show it to us, because I don't see it. You people are reading into that something that is not there.'' He added that if someone had made references to previous convictions, the judge would have had a duty to take action.

Mr. Perinchief, attempting to have the conviction overturned, also argued that Mr. Justice Ward did not give the jury a proper explanation about what constituted reasonable doubt.

"The totality of material irregularities will bring about such a general sense that some injustice may have occurred that there might be some doubt in the minds of this tribunal,'' said Mr. Perinchief.

Quoting a past case, Mr. Perinchief said it was permissible for the Appeal Court not just to look at the evidence, but where there was a "general feeling'' about the case that there might have been an injustice.

Mr. Perinchief withdrew an appeal to have Archibald's sentence reduced when it was pointed out his client received the minimum 20 years for a firearms offence to run consecutively with two concurrent sentences for the armed robbery.

Julian Hall, appearing with Victoria Pearman and Kevin Bean, for Dillas, argued that although his client was convicted of armed robbery, there was no evidence he knew firearms would be used in the offence.

Mr. Hall said he was arguing on the assumption that the jury were correct to dismiss the alibi defence.

Bank of Bermuda armed robbers launch appeal According to DeSilva's testimony, Dillas was in a house with his fellow gang members as they armed themselves for the robbery, but Mr. Hall said there was no evidence that he knew about the guns or that they were planning to use firearms.

He said the Crown could have asked DeSilva if Dillas was present when the guns were presented or if he knew of them, but they did not.

Based on DeSilva's evidence, the first time Dillas was aware of the firearms was aboard a getaway boat after the robbery when one of the gang asked him to hold his gun.

Mr. Justice Clough said: "So there is no evidence that your client knew he was going to be involved in a robbery? They were all dressed to the nines in tight-fitting gloves, but they could have been going to the beach?'' Mr. Hall replied: "He might have been guilty of something, but is he guilty of armed robbery?'' Mr. Hall will continue his appeal today. Brian Calhoun and Patrick Doherty appear for the Crown.