The case against alleged Bank of Bermuda fraudster Cecil Durham and his co-accused "stinks of last week's garbage,'' a defence lawyer claimed yesterday.

Durham's lawyer Julian Hall told a Supreme Court jury: "This is ultimately about the dirty corporate ladder politics of the Bank of Bermuda and certain people have been caught up in this.'' He added: "At best, if the bank had a dispute with a senior employee they should have dealt with it internally or as a civil matter -- you may think that.'' But he said the case was all about "getting rid of a black man who had moved too far up the ranks of the Bank of Bermuda.'' And he told the jury there had been no evidence to suggest the Bank of Bermuda had lost "onedollar'' as a result of the alleged activities of Todd and his co-accused.

The claims came on the final day of submissions in the marathon eight-week trial of former bank chief Arnold Todd and three others.

Mr. Hall added the Bank of Bermuda in the 1980s was a "never-never land'' and could not be compared to banking practice in England or elsewhere.

He said: "Bermuda is another world -- that is what we are dealing with here.

"Yes, we have some real world logic to bring to bear and consider. But the reason we are here is that we have real experience with Bermuda.'' And he added; "That place was run on a hope and a prayer, unlike the Bank of Butterfield, where we were dealing with so-called gentlemen's agreements, we have had understandings, at best general guidelines.'' Mr. Hall told the jury that the cornerstone of the case against Durham was a loan application which had not been signed by him or filled out by co-accused Todd, although he added Durham admitted applying for the loan when interviewed by Police.

And he said that no evidence had been produced to show his client had ever been a member of "The Group'' -- a property development consortium controlled by Todd and alleged by the prosecution to be at the heart of the case against him.

Mr. Hall told the all-black jury that he agreed with earlier statements by Crown Counsel Michael Pert QC and other defence agents that the trial was not about race.

But he added: "We should also be aware of the history of upward mobility on the part of black Bermudians in institutions like the Bank of Bermuda and the Bank of Butterfield.'' And he said the jury had to consider the "wild, wild west'' culture of the Bank of Bermuda during the period of the alleged offences.

He urged the jury to use common sense and ask themselves whether it was conceivable that Arnold Todd was the only bank official who had lent money to companies in which he had an interest.

Mr. Hall said: "Common sense will tell you that Arnold Todd was not the only senior officer lending money to businesses in which he had an interest or to friends and relatives.'' He explained he was not saying other people should be prosecuted -- but asked the jury to consider why Todd had been "singled out''.

Mr. Hall was speaking on the last day of submissions in the trial, with he and Richard Hector QC, appearing for co-accused Milton Woods, summing up their defences.

Unemployed Todd, 57, of Pearman's Hill, West Warwick, is charged with 17 counts of theft, fraud, and false accounting, allegedly committed between 1985 and 1990.

The Crown claims he used his position as a senior Bank of Bermuda official to submit bogus loan applications to buy property on the Island and created a network of companies to disguise his fraudulent transactions.

It is alleged money resulting from loan applications, made out in other names, ended up with him.

In the dock with Todd are businessman Durham, 56, of Ramgoat Hill, Smith's; importer Varnel Curtis, of St. Anne's Drive, Southampton and hotel security chief Woods, 61, of Old Road, Southampton.

The other three accused all face charges relating to the counts against Todd.

The allegations faced by the four, involving around $1.2 million, are all denied.

Last Friday, Puisne Judge Richard Ground said one charge against Curtis of participating in false accounting had been withdrawn. And he ruled that a similar charge against Woods should be dismissed for lack of evidence.

Earlier yesterday, Mr. Hector told the jury that Woods had no case to answer.

And he told the jury that while Mr. Justice Ground's summing up was master of the law, the jury were masters of the facts and did not have to accept any suggestions the trial judge may make.

He added that he considered the prosecution had not proved that Woods knew that an overdraft facility for Twin Bays Ltd -- allegedly a front for Todd -- was not used for the purpose stated on a loan application he was a party to.

And he claimed that Woods had never been sent statements in connection with the dealings of the company.

Mr. Hector added that to convict his client, it had to be proved he knew that Arnold Todd was not following his employer's lending policies and that there had been "a meeting of minds''.

He said: "The prosecution has brought no evidence before this court that Todd and Milton Woods even met to discuss anything of this matter.

"You can't `enable and aid' someone to do something if you don't know what they are going to do.'' He added that lawyer Charles Vaucrosson had been granted immunity and gave evidence that Woods' son Darren had asked his law firm to set up Twin Bays Ltd.

Mr. Hector said: "It is clear that Darren Woods was calling the shots and that Milton Woods, because he was his father, signed documents.'' And he added: "What you might find interesting is that, for all these documents he signed, he never took anything.'' Mr. Hector told the jury: "Speculation and guessing are out -- you have to make a decision based on the evidence you heard and any reasonable inferences you can make from that.'' The trial continues on Friday when Mr. Justice Ground will deliver his summing up to the jury, which is expected to last at least a day.