with cheers yesterday as he was released from a 12-year jail term.

Mr. Wellman walked free from the Court of Appeal after serving nine months of the sentence, imposed when he was convicted of importing more than $500,000 worth of cannabis and cocaine.

The 30-year-old Sandys man, part owner of a cologne and leather goods store, was alleged to have imported the drugs in four TV sets from New York. But yesterday he successfully appealed against the convictions.

"He's very much elated,'' said lawyer Mr. Ed Bailey, who joined Jamaican barrister Mr. Frank Phipps QC in defending Mr. Wellman.

"He feels that justice has been done in releasing him. He is totally acquitted and has walked away a free man. The prosecutor has said categorically that the Crown will not bring any further action against him so the court ordered him to be released.'' Mr. Wellman planned to spend time with his children and have a quiet dinner with his mother, he said.

Mr. Wellman's original trial started a year ago, but collapsed after the jury alleged the prosecution "coached'' a witness. After a retrial, Mr. Wellman was found guilty.

In their 15-page ruling, the judges decided the jury in the case had been misdirected by Puisne Judge the Hon. Mr. Justice Ward. "We cannot be sure that, if the jury had been properly directed ... they would inevitably have convicted the appellant'' (Mr. Wellman), they said.

They urged another retrial in the interests of justice. But Crown counsel Mr.

Mark Pettingill said the Attorney General's office would not seek one.

Mr. Wellman's joy at being freed was immediately threatened by allegations that he was found with a mobile phone during his time in prison.

Prison commissioner Mr. Edward Dyer confirmed a phone was discovered twice.

"He was found with one in his cell and I think he denied possession of it,'' Mr. Dyer said.

The phone was confiscated and Mr. Wellman disciplined, he added. "It would have been seen as an unauthorised article.'' A Police spokeswoman said: "We are investigating a report of that nature.'' Mr. Wellman's lawyer, Mr. Ed Bailey, commented: "I heard a rumour but it's a matter that he and I have never discussed.'' Mr. Wellman might wish to make a statement next week, he said.