Bermuda's computer crime laws are being put to the test in a trial of a Sandys Parish man accused of stealing time on the Internet in 1998.

In the second prosecution under the Computer Misuse Act of 1996, Micah John Theodore McManus denies using Elliot Smith's North Rock Communications account on June 24, 1998.

Early last year another teenager repaid Logic Communications and was given a conditional discharge for illegally using an I.D. and password.

McManus, 20, of Portland Lane, is appearing before Magistrate Archibald Warner, who this morning will rule on the admissibility of Bermuda Telephone Company phone records submitted by Police.

McManus, who is unrepresented, has pleaded not guilty to charges of accessing the Internet eight times for more than 122 minutes.

Commercial Crimes Det. Sgt. Gary Wilson testified he had seized records from BTC and North Rock -- via search warrant -- concerning McManus.

Records concerning incoming and outgoing calls to McManus' bedroom phone, Mr.

Smith's phone record, and incoming calls to North Rock were presented to Mr.

Warner.

McManus told Det. Sgt. Wilson he did computer repair and troubleshooting through an unregistered company, MicahTech.

"He said he did work for Mr. Smith at his Scott's Hill Road home to do work on his OS (Operating System),'' Det. Sgt. Wilson said.

"While William Pantry, a computer consultant was looking at McManus' computer I asked him about Mr. Smith,'' the Policeman said. "I asked if he had accessed the Internet on Mr. Smith's account and he replied he had while working on Mr. Smith's computer in his presence.'' Det. Sgt. Wilson added: "I pointed out that I had records that Smith's account had been accessed from McManus' home telephone number and he had no explanation.

"He could not understand why that was so. I asked him if the number 234-5501 was his and he said yes. I also asked him if anyone else used his computer and he said just himself.'' It also emerged that some of McManus' work was done through a "gateway'' or two computers patched together over the phone lines -- meaning he can repair someone else's software from anywhere.

Det. Sgt. Wilson said McManus denied "compromising'' Mr. Smith's I.D. and password and using his own phone line to access the Internet that day.

McManus told Police "no comment'' when asked whether he used his computer and phone line to access the Internet on June 24.

He also refused to reply to questions about calls from other phone lines in his home other than the one in his room.

Much of the afternoon was spent properly itemising phone records for later use in the trial.

If Mr. Warner accepts their admissibility, they will become official exhibits in the case.

If convicted, McManus could be fined up to $6,000 and imprisoned for up to six months.

The trial continues this morning with expert evidence expected on Internet access and computer hacking.