A claim that two men questioned by Police in connection with an armed robbery were held in custody unlawfully was yesterday dismissed by a judge.

Acting Puisne Judge Michael Mello also threw out a claim for costs by lawyer Archie Warner who argued that Rupert Elroy Archibald and Michael Eugene Dillas should have appeared in court within 48 hours of their arrest.

Archibald and Dillas were two of three men who appeared in Magistrates' Court last Saturday charged in connection with a Somerset armed robbery.

They were arrested the previous Wednesday following a raid on the Bank of Bermuda.

However in a Supreme Court hearing Mr. Warner argued that they should have appeared in court within 48 hours of their arrest -- and because they were held unlawfully he had to work for their release and should be awarded costs.

Crown Counsel Khamisi Tokunbo said Mr. Warner was arguing about British law, but Bermudian law stated that suspects should be brought to court "as soon as practicable''.

The argument was heard last Saturday and yesterday Mr. Justice Mello delivered his judgment.

He said a person should be taken before a Magistrate as soon as practicable, unless there was "justification or authorisation'' for keeping him longer.

"I am prepared to accept that 48 hours would be the normal or a practicable period of time.

"But I do not accept that such period is unmistakably the maximum period of detention permissible in every case as this would contravene the (Bermuda) Constitution which clearly contemplates that some cases involving longer periods of detention will be warranted or justified.'' Mr. Justice Mello added: "No doubt the Police will be faced with other such exceptional cases where the detention of an arrested person over the normal or practicable period will be warranted.'' He said the officer in charge of the robbery investigation, acting Supt.

Norrell Hull, stated in the hearing that the case was an exceptional one for a a variety of reasons such as the number of suspects involved.

"In the particular circumstances of this case I do not accept that the applicants were unlawfully detained.'' He added: "It is abundantly clear that the applicants were not justified in making this application and accordingly I dismiss their application with no order as to costs.'' Archibald, 35, of Rocky Wold Drive, Sandys Parish, and Dillas, 31, of Stovell Bay Lane, Pembroke, appeared in Magistrate's Court last Saturday with Yusef Ameerbakka DeSilva, 26, of Cobbs Hill Road, Warwick.

They were all charged in connection with the April 9 bank robbery and were remanded into custody. Mr. Warner represented Archibald and Dillas. DeSilva is not represented.