The fate of a man accused of firearms charges hangs in the balance after he appealed his nine-month jail sentence on Friday.

Ernest Roberts, 58, of Knapton Hill, Smith?s, was sentenced last July for the possession of prohibited weapons and firearms.

Police found a sling shot, a pellet gun, an air pistol, a flare launcher and two flares, after being tipped off by a jilted girlfriend of the accused.

However defence lawyer Mark Pettingill said the sentence was harsh and excessive, particularly given Roberts? exemplary character and guilty plea.

And he said the Magistrates? Court which had sentenced Roberts, a respected civil servant, was not consistent.

A British Naval officer who had admitted firing a pellet gun from his porch had been given an absolute discharge.

And Mr. Pettingill said Senior Magistrate Archibald Warner, who had jailed Roberts, had recently fined someone a total of $500 for having two pellet guns. In that case, too, there was evidence the gun had been fired as there had been complaints from neighbours.

Mr. Pettingill said Roberts? weapons had been stored away, dismantled and were so old that he ?could spit the pellets harder? than the weapons could discharge them.

But he said a firearms expert, who had been in court for the original case, had not been called to give evidence by the Magistrate on the power of the guns.

?There was no indication whatsoever of in regard to criminality or criminal intent,? said Mr. Pettingill.

The court heard that although Roberts had stored away the weapons they were later brought out by the angry ex-girlfriend who had called Police.

Roberts, who had pleaded guilty to all five offences, had been fined $1,000 for both the wrist rocket launcher and the flare launcher and $500 for the flares at the original sentencing.

He was sentenced to nine months imprisonment for each of the air pistols with the sentences to be served concurrently. Roberts, brother of United Bermuda Party MP Suzann Roberts-Holshouser, spent four days in a Police cell and a week at Westgate before being bailed for the Supreme Court appeal.

Supreme Court Puisne Judge Ian Kawaley said the sentences imposed in Magistrates? Court were inconsistent.

However prosecutor Wayne Caines said Roberts had a ?very small arsenal? of guns and as a member of a rifle club Roberts knew he should have had a licence for those weapons. He said the collection of different weapons was ?abnormal at best?.

Both lawyers said they had trouble digging up similar cases from the lower court to refer to as they were not kept and indexed in the same way as Supreme Court cases. Mr. Justice Kawaley said: ?It is a difficult case. Public interest requires a strong approach is taken to in respect to firearms.?

But he also said the public had a right to know what they could reasonably expect. Mr. Justice Kawaley said he reserved judgment for careful consideration.