nightclub operator who was fined $400 in December for allowing acts of simulated sex.

Chief Justice the Hon. Mr. Justice Ward granted the appeal after declaring the reasons for convicting Mr. Dennis Carter were insupportable.

Yesterday's hearing lasted only a few minutes and brought to an end a case that began in March, 1992, when Front Street's Scandal nightclub put on a show featuring "Male Dancers, Hunks on Parade.'' Witnesses at the December trial claimed they'd seen simulated sex by at least two of the eight dancers. In one instance, a dancer pulled a girl from the audience and lay atop her performing an act of simulated sex.

At yesterday's hearing, Crown counsel Mr. Melvin Douglas said he had "some concern'' about the judgment of Magistrate the Wor. Cheryl Ann Mapp, who convicted Carter on December 17 last year.

Her judgment declared that Carter, who was then Scandals promotions manager, "knowingly'' exhibited an indecent performance.

"As an employee of that establishment you were well aware of the legality regarding such entertainment,'' she said.

Before concluding that "the public should not be subjected to these types of performance'', Mrs. Mapp noted Carter had been elsewhere during the performances.

Carter's lawyer Mr. Kim White yesterday drew attention to that statement saying Carter, therefore, could not have been convicted for "knowingly allowing an indecent performance to take place'' -- as his criminal charge read.

On that finding, he said, Carter could not have known about the offence.

Mr. Ward concluded the magistrate's reasons for judgment were insupportable and granted the appeal.

Soon after, Carter of Town Hill Road in Smith's, said he was pleased with the result.

"I'm glad with the outcome,'' he said. "I'm glad it's over.''