Chief Justice Austin Ward is to decide whether to overturn the conviction of Paul Smith for the brutal mugging of a tourist.

Smith, 31, of Ord Road, Paget, is appealing the Magistrates' court conviction primarily on the grounds that the victim must have only had a "fleeting glance" at his attacker and such identification should not have been allowed to be entered as evidence in the trial earlier this year.

Defence lawyer Larry Mussenden also argued during the appeal hearing yesterday that Smith was distinctly dressed during an identification parade and stood out from the other men in the line up.

But Crown counsel Cindy Clarke told Justice Ward that Mr. Mussenden was present during the parade and had not raised any objections and that the trial Magistrate had followed the correct guidelines in assessing the testimony.

American Ronald Storms, 69, was attacked outside the Hamilton Princess last October. Mr. Smith consistently denied the charges as well as any involvement in another attack a few hours later on a Newstead security guard.

Both men sustained serious injuries in the attacks. Smith was cleared of the Newstead incident but found guilty of attacking Mr. Storms. His senetence was stayed pending the outcome of the appeal.

Justice Ward adjourned the hearing to consider his decision.