An alleged arsonist's bid to have his conviction overturned has succeeded.

But Arnett Winfield Dill will remain behind bars after a top court ruled out a second appeal to have his convictions for breaking and entering overturned.

Dill, 43, of Leacraft Hill Road, Southampton, was convicted on five counts of breaking and entering, one count of arson and two counts of wilful damage to property last November after an almost three-week trial.

He was sentenced by Puisne Judge Norma Wade-Miller to seven years in prison for arson along with concurrent terms of six years for each of the five break-ins and two years each for causing wilful damage.

His lawyer, Peter Farge, this month appealed the case before the Court of Appeal, arguing that Mrs. Justice Wade-Miller wrongly admitted evidence and wrongly rejected Dill's no case submission with respect to the arson charge he was facing.

The first ground of appeal focused on Dill's arrest around 1.30 a.m. on January 4, 1998, outside Trimingham Brothers in Paget after the store's alarm system was activated.

He was seen removing gloves from his hands and his car was nearby with a hatchet, screwdriver and crow bar inside along with a case full of compact discs and some keys.

Dill was arrested for attempted breaking and entering but was never charged with the offence. No evidence was given during his trial as to what happened to the charge.

Count nine in the indictment charged Dill with breaking and entering the Trimingham Brothers Limited between January 3 and 4, which indicated the offence must have been committed prior to Dill's arrest at 1.30 p.m. on January 4, said the Court of Appeal.

Prosecution witnesses gave evidence regarding the discovery of the tools, CDs and keys in Dill's car in relation to the other counts he was facing which included breaking and entering the former Club Med hotel and the Bermuda Regiment.

Mr. Farge questioned whether or not the evidence from Dill's January 4 arrest was admissible in relation to the other charges. But the Court of Appeal agreed with the Mrs. Justice Wade-Miller who deemed that it was.

Mr. Farge then questioned Mrs. Justice Wade-Miller's rejection of Dill's no case submission in regard to the charge of arson.

The Court of Appeal ruled that she should have accepted the submission as there was not enough evidence to prove Dill wilfully and deliberately set a fire at Audio Visual Electronics in Somerset.

It set aside the conviction and sentence on the count of arson, but dismissed the appeal against the convictions and sentences from the other offences.