20-year drug conviction, had a three-year sentence for possessing drug equipment set aside on Monday.

Smith, who with Bermuda Stroller lead singer Ted Ming, Dexter Dillas and Larry Ebbin had his drug conviction overturned by the court in March, was appealing the three-year prison sentence meted out by the Supreme Court at the same time as the 20-year sentences.

Lawyer Mr. Delroy Duncan told the same tribunal which overturned Smith's cocaine importation conviction, that the possession of drug equipment charge should be viewed in isolation of the other offences.

He noted the Court of Appeal found no evidence to link Smith to the importation of cocaine or to a conspiracy to import the drug.

He noted his client spent 10 months in prison between his conviction last May and his March release.

Mr. Duncan asked that a fine be imposed instead of the three-year prison term for the possession charge which stemmed from Police finding Smith with a spoon, at Ming's Southampton home, believed to be used in connection with a controlled drug.

"If not, the appellant has spent time in custody and that should be taken into account when deciding what sentence should be imposed.'' He also pointed out Smith had no previous drug-related convictions.

The Court took into consideration the time Smith spent in custody and ruled that Smith's three-year sentence should be set aside and he should pay a "nominal'' fine of $20 or spend seven days in prison.

"In a sense he has served more time in prison than he ought to,'' said the Hon. Sir Denys Roberts, presiding with the Hon. Mr. Justice da Costa and the Hon. Mr. Justice Henry.

Mr. da Costa told Mr. Duncan: "Tell your client not to keep spoons any more.''