The Bermudian soccer players arrested in Miami are expected home within three days following a deal between prosecution and defence lawyers. They face deportation unless they leave Miami soon.

Under a five-point plan for the six adult players it was agreed yesterday in a Miami courtroom: The six change their not guilty plea to possessing marijuana.

Instead, they pleaded "no contest'' -- a course allowed under American law which is neither an admission nor denial of guilt; The court withhold any ruling on guilt; The 11 days the players spent in a pre-trial detention centre be considered a sufficient sentence; The prosecution file no other charges against the six; and The above points represent the entire agreement between the prosecution and defence. No other deals were entered into.

The agreement -- a copy of which was obtained by The Royal Gazette -- was signed by the players, Meshach Wade, Herbert Dillas, Donnie Charles, Kevin Jennings, Shawn Riley and Keishon Smith. It was accepted by Judge Celeste H.

Muir.

A similar deal was struck for 17-year-old Tokia Russell, the seventh player arrested at Miami International Airport. He also pleaded "no contest'' to possession. As a juvenile he never spent time with the others in a detention centre.

Yesterday he walked free from Miami's Family and Juvenile Justice Center after being given a "judicial warning,'' the legal equivalent of a slap on the wrist.

Judge Victoria Platzer suggested to him he had got off very lightly. "You have been given a large break,'' she said.

Although not part of the agreements, the prosecution dropped the charge of importation against the seven Under-23 players.

Assistant State Attorney and chief of the narcotics division of the State Attorney's office Mr. David Weinstein later explained why to The Royal Gazette.

He pointed out the prosecution had to prove the players knowingly and wilfully imported the drug into America.

That was difficult to prove since the players were in Miami en route to Bermuda from a soccer tournament in Jamaica.

"It is not my understanding this was a scheduled stop in Miami.'' He declined to be drawn on whether the Bermuda Police would file charges since the drugs may have been intended for the Island. "That is a matter for the Bermudian authorities. Quite honestly I don't know the answer.'' Mr. Weinstein said he expected the players would return to Bermuda before the end of the week once their passports had been returned by Immigration authorities.

If they did not leave Miami shortly they could face deportation, "I will be forced to have further discussions with the players' lawyer Mr. H.T. Smith,'' he said.

Mr. Weinstein refused to set down a deadline for the players to leave the country.

"I would hope they leave soon.'' On the "no contest'' plea, Mr. Weinstein said under American law three options were open to defendants.

"They can plead guilty, not guilty or no contest. No contest is a plea without admitting or denying guilt. It is a plea of convenience.'' Mr Weinstein said the players now had a record, despite the agreement. He said computer records would show that an adjudication of guilt on third degree felonies -- possessing marijuana -- had been withheld. "As far as I'm concerned the players do have a record.'' Mr. Weinstein said the players could also face problems with Immigration. For Immigration purposes an "adjudication of guilt being withheld'' amounted to a conviction. It was this which created a problem for the players, rather than the "no contest'' plea, he said.

Mr. Smith was sparing in his comments after yesterday's court hearings. But his remarks appeared to conflict with those of Mr. Weinstein on the question of a record.

Said Mr. Smith: "The families hired me to keep these young men out of jail and keep their record clean. I did that -- that is a victory.'' Mr. Weinstein said later: "Mr. Smith's idea of keeping a record clean is different from mine.'' Yesterday's hearing for the adult players had been fixed for 9 a.m. (10 a.m.

Bermuda time) before Judge Muir at Dade County criminal court in the Richard Gerstein Justice Building.

The players and their relatives turned up at the building 20 minutes early.

All except for Keishon Smith, were easily identifiable by their white shirts, Soccer players go free following plea bargain From Page 1 was wearing a dark leather jacket with green pants.

The court was packed with defendants, although at times a large battery of lawyers threatened to outnumber them.

Proceedings kicked off 10 minutes late, and it was at about 9.25 a.m. when Wade's name was announced. Mr. Smith was out of the courtroom. He arrived two minutes later armed with a yellow pad and a bundle of papers. With him was Mr.

Weinstein.

Mr. Weinstein told Judge Muir the cases of the six players had been consolidated -- lumped together. The names of the five others were they read out.

Mr. Weinstein went on to disclose the agreement which had been reached between the prosecution and defence.

Mr. Smith said his clients maintained their innocence.

It had been deemed, however, in the players' best interests to change their pleas.

Mr. Weinstein then briefly related the circumstances surrounding the players' December 9 arrests following a Pam Am Games qualifying tournament in Jamaica.

He said some 30 grams of cannabis were found in sneakers in the defendants' luggage.

At this point Mr. Smith stressed to Judge Muir his clients were only being charged with possession, not importation. He also told the judge the players would leave Miami shortly. "Believe me, they will be happy to leave here.'' The judge addressed each player in turn, asking him whether he accepted giving up the right to be tried by a jury.

A bailiff then took the finger prints of each of the players before they left the courtroom. Some relatives tried to obstruct a cameramen as he took shots of the finger printing.

In the afternoon, the players and relatives turned up at juvenile court for Russell's hearing before Judge Platzer.

Mr. Smith told the judge that Russell was a member of a "championship soccer team travelling back home after a great victory.'' Customs officers at Miami airport found the drug in sneakers which did not belong to the players. His clients were unaware the sneakers were in their luggage, said Mr. Smith. He said an investigation in Jamaica to prove the players were set up had naturally proved very difficult.

Therefore, it was in the players' best interests to change their plea, while maintaining their innocence.

It was also financially in their interests to end the matter and return to Bermuda.

Judge Platzer told Russell there had either been a "gigantic'' mistake or he had received a "large break.'' Under statute third degree felonies such as drug possession carry a maximum of five years in jail.

Mr. Weinstein, however, pointed out sentencing guidelines had been laid down which took account of defendants' previous convictions and the amount of drugs in question. Such guidelines would have counted heavily in the Bermudian soccer players' favour.

LASHING OUT -- Bermuda national soccer team player Donnie Charles is restrained by his mother Ms Jene Charles after he lashed out at a photographer.