A man appealing against his conviction for taking part in the armed robbery of the Bank of Bermuda knew guns were to be used in the heist, a Crown lawyer claimed yesterday.

Michael Eugene Dillas' barrister, Julian Hall, said there was no proof his client had knowledge that the three other members of the gang intended to use guns when they robbed the Somerset branch of the bank in April 1997, netting $37,500.

According to gang member Yusef Ameerbakka DeSilva, who testified against the other three, they discussed the robbery at a house before it took place and handed out guns when Dillas was in the house.

But Mr. Hall told the Court of Appeal there was no proof that Dillas, who according to DeSilva watched the gang's getaway bikes outside the bank, would have overheard the conversation.

He said: "The difficulty we have with the conversation (is the assertion) that the jury could infer not only that he was there, but that he did overhear the conversation. There is no evidence that he did overhear the conversation.'' He said the first Dillas knew about the use of guns was when one was handed to him in a getaway boat after the robbery.

Dillas, 33, who was jailed for 18 years, and Rupert Elroy Archibald, 38, who was jailed for 30 years, are appealing to have their convictions overturned or their sentences reduced.

Both entered pleas of alibi, saying they were smoking marijuana in Riddell's Bay Golf Course when the robbery took place.

The fourth gang member was named at the trial as Travis Dill who is reported to have fled the Island and has been the subject of extradition proceedings.

Crown counsel Patrick Doherty said there was "cogent evidence'' that Dillas was aware before the robbery that guns were to be used.

He said DeSilva had testified that he was riding a bike with Dillas to the bank and that he dropped a cartridge from his gun, picked it up and put it back in.

Mr. Doherty said: "In my submission this is cogent evidence that Dillas knew firearms were involved.

"Dillas was part of a joint enterprise and he knew of the firearms. It was clearly a sophisticated robbery of the bank where disguises were employed, where each individual had different roles in the robbery.'' Philip Perinchief, for Archibald, said there was nothing to identify his client except DeSilva's testimony. He argued that the trial judge Chief Justice Austin Ward failed to give the jury a specific direction about his client's defence of alibi.

The Appeal Court judges, Sir James Astwood, sitting with Sir Derek Cons and Philip Clough, are expected to issue their judgment in about a month's time.