A Police officer told a court how he comforted a prisoner who became a father while he was in custody accused of illegally importing gambling machines to Bermuda.

Fermin Alfonso Reyes, 29, the Panamanian captain of the Niobe Corinthian, was arrested after officers seized 100 machines from the vessel in August last year. At the time, his wife was heavily pregnant.

Det. Con. Paul Ridley told Magistrates' Court yesterday that he visited Reyes in his cell at Hamilton Police Station and lent him his cell phone so he could contact his family.

"Did I feel compassion for him? Yes I did," said Det. Con. Ridley. "Did I know his wife was pregnant? Yes I did. Did I lend him my phone? Yes I did.

"When he used the phone, he spoke in a language I didn't understand, and afterwards he told me his wife had given birth to a daughter and I congratulated him."

Reyes and George Kezas, 72, alleged by the prosecution to be the managing director of the ship, both deny a charge of importing the machines.

Their trial, which has proceeded in several sessions since last October, has heard Police raided the vessel while it was moored at Marginal Wharf, St. David's, on August 11.

Reyes was arrested that day. Two days later, Police searched Kezas' home in Lily Park Lane, St. George's, and arrested him.

Yesterday, Det. Con. Ridley told the court he had been part of the team which searched the ship.

Under cross-examination from Elizabeth Christopher, representing Reyes, he revealed he had been sent to the defendant's cell to inform him he would remain in custody for the weekend.

During the course of the visit, Det. Con. Ridley lent his phone to Reyes.

After Reyes discovered his wife had given birth, the officer let him make another call so that someone could bring him shower equipment.

"I told him that in those few days he was kept at the Police station it would be unlikely he would have the chance to clean himself," he explained.

He added: "Did I feel sympathetic to Mr. Reyes? Yes I did. He had broken the law nevertheless."

Ms Christopher interrupted: "Nobody asked for your opinion on the law."

Det. Con. Ridley denied Ms Christopher's suggestion that he mentioned the possibility of giving Reyes a discharge from court.

Ms Christopher said: "You were suggesting to Captain Reyes that he plead guilty."

Det. Con. Ridley replied: "Absolutely not your worship."

Later yesterday, Ms Christopher and Kevin Bean, lawyer for Kezas, both made representations to Magistrate Khamisi Tokunbo that the trial should be thrown out.

Mr. Bean said there was no evidence that the pair had intended to offload the machines in Bermuda.

"The ship came into the waters of Bermuda. The ship never landed for the purpose of duty. The ship was here in transit," said Mr. Bean.

Ms Christopher added: "I don't think anyone was ever intending that these gaming machines should ever be used in Bermuda, on land or within 12 nautical miles of the shore."

The case continues today.