young son, has been ordered to leave the Country. Immigration officials have just ten days to prepare for his deportation.

At a Supreme Court hearing yesterday Chief Justice the Hon. Mr. Justice Ward turned down an application for the quashing of an order by the Governor Lord Waddington for the deportation of Sefton Gunness.

Before passing judgment Mr. Justice Ward claimed Gunness was entitled to live in Bermuda while married to a Bermudian but once "wifeless'' he no longer "had a leg to stand on''. The fact he had a son by her created an emotional argument but gave the man no legal rights to stay.

With the outcome, the man's sister, who is married to a Bermudian, burst into tears. Gunness' lawyer, Mr. Richard Hector, who will be appealing yesterday's decision, dubbed the reasons behind the deportation order "spurious''.

"It smells of unfairness,'' he said. "He has not been treated fairly on this matter.'' The Governor's order in May stated that Sefton Gunness of Jamaica be kept at Westgate until he could be placed on a ship or plane out of the country.

He will be deported under Section 106 1c of the Bermuda Immigration and Protection Act which provides for the deportation of anyone who enters the Island "for immoral purposes''.

Solicitor General Mr. Barrie Meade claimed Gunness' affidavit showed clearly he had arrived in Bermuda for immoral purposes.

"He was living in sin,'' Mr. Meade said. "His presence in Bermuda is undesirable.'' On a 1989 work permit for a construction job, Gunness claimed he was single.

Meanwhile he was married to a Jamaican woman and living with a Bermudian he met while he was working on a cruise ship and who was expecting his child.

After his first marriage was dissolved, Gunness married his Bermudian girlfriend. But when the marriage split up, she informed the Immigration Department her husband had been working illegally.

But Mr. Hector claimed he was shocked that this could be construed as "immoral'' in the 20th century. There was no evidence, he said, to show Gunness arrived in Bermuda for immoral purposes.

He added that because his client had not received a letter from the Minister of Labour and Home Affairs ordering him to leave, Gunness was unable to present his case to the Governor. The deportation order was therefore invalid under the rules of natural justice.

"A person who is deported should have the opportunity to say why he should not be deported,'' Mr. Hector said.

Furthermore, the Governor had been informed by the Home Affairs Minister that Gunness had been convicted of assaulting his wife although the conviction had not been recorded by Magistrates' Court.

"The Governor was misinformed,'' Mr. Hector said. "His discretion would not have been properly exercised.'' He added that the onus was on Immigration to show Gunness knew about the order.

But Mr. Meade claimed Gunness had deliberately fallen foul of the Immigration laws and had had ample opportunity to state his case. He added that information provided to the Governor was "substantially accurate''.

Mr. Justice Ward's reasons for his decision will be announced at a later date.