By Nea Talbot Two Jamaicans who overstayed their welcome in Bermuda avoided deportation yesterday and instead were escorted by Immigration officers back to Jamaica last night.

In yesterday's plea court, Magistrate Edward King told the court: "They are not being deported. Immigration is assisting them to return. I am not going to convict them of anything.'' At an earlier hearing, Senior Magistrate Archibald Warner, who initially dealt with the case, did not believe such a serious measure as deportation was warranted.

And he clashed with prosecutor Oonagh Goodred about the matter.

In Wednesday's session of Magistrates' Court, he explained that unless the overstayed visitors had committed a criminal act, he believed it was not necessary to put them through a rigorous deportation procedure.

But Ms Goodred said the fact that they overstayed their time was criminal action enough.

Everton Isaiah Sterling, 37, of Mavis Banks, Jamaica, and Gauntlet Anthony Johnson, 30, who could not recall his address, pleaded guilty to remaining in the Island illegally.

Sterling arrived in Bermuda on June 18, and was supposed to leave on July 9.

Johnson arrived in Bermuda on May 14 and was supposed to leave on June 3.

Ms Goodred implored that the defendants remain in custody, because she believed the men would not leave the Island voluntarily.

But Mr. Warner told the prosecution they were making the matter out to be more serious than it was.

"Suppose every Bermudian went to New York and overstayed their time?'' Mr.

Warner asked. "If they overstay their time, nobody tracks you down and puts you on a plane. It happens all the time.

"A lot of people come to Bermuda and overstay their time and nothing happens to them. Deportation is a clumsy, expensive process and that's what we are trying to avoid. They are entitled to a fair trial.'' Ms Goodred told the court that, acting on anonymous information, the two men were found living at a home at No. 1 Factory Lane in Pembroke.

And they did not possess valid immigration documents that allowed them to stay in the Island.

Ms Goodred, not satisfied with Mr. Warner's comments, replied: "Sir, this seems to be a habit. Immigration is cracking down because Bermuda is seen by the International community as a weak link.

"The Immigration Department came upon them by anonymous information. They may flee the address from where they were picked up. In that regard, we really want them remanded in custody. We want them sent back to Jamaica.'' Throughout the morning plea court session, Mr. Warner worked with the men to find out where they were staying.

But when they could not be specific about an address and a phone number, he threatened to hold them for seven days until they could be escorted out of the Island.

"Mr. Sterling, you overstayed your stay here,'' Mr. Warner said. "When did you plan to leave?'' Sterling replied: "I didn't know. The only ticket I bought was to come here.'' "Can you pay your way out of Bermuda?'' Mr. Warner asked.

"No sir,'' Sterling replied.

Mr. Warner asked: "Who are you staying with? You must give me full details of where you are staying and who you are staying with. I want a name and an address.'' "I've forgotten his name and phone number,'' Sterling replied.

"Well I'm not satisfied that you have somewhere to stay,'' Mr. Warner said.

The two men were held in custody on Wednesday night until arrangements could be made to have them sent back to Jamaica on Thursday.

However, The Royal Gazette was told by Immigration officials the travel arrangements were being paid for by the Immigration Department and they would be escorted to Jamaica via London.

Yesterday, when the men appeared before Mr. King, the magistrate said: "You are at liberty to turn up at Bermuda's International Airport providing that you are invited back by the Minister. And if they decide to let you in like any other visitor, then fine.

"So put your Piggly Wiggly bags together, you are going back to the mother country. You'll be there in time to see tomorrow's test match.'' IMMIGRATION IMM