The lawyer representing Prison Fellowship Bermuda chairman Jack Harris in his appeal of a Human Rights Board decision that he sexually harassed two women claimed the women were not ?psychologically? harmed when he walked about his office without trousers.

And while lawyer Andrew Martin conceded to Puisne Justice Norma Wade Miller that Harris? actions were inappropriate, he said they were not sexual harassment. Mrs. Justice Wade Miller has retired to consider her verdict of the appeal of the inquiry which awarded $20,000 each to Lynn Thorne and Jan Rice, who were employed at Harris? management consulting firm on Church Street.

Mr. Martin told Mrs. Justice Wade Miller the case is the first of its kind in Bermuda and argued that if the Board?s $40,000 award is upheld it would set a ?monumental precedent?.

The women say they saw the outline of Harris? genitalia in his underpants, saw ?genitalia moving from side to side,? and on a number of occasions he walked up to the office and said: ?Look! I haven?t got any trousers on.?

Their lawyer, Delroy Duncan, said Harris sexually harassed the women on a daily basis for over a year in 1999 and 2000.

The Board found that Harris? trouserless walks were a ?classic case of sexual harassment,? Mr. Duncan said.

?There was an unrelenting campaign against two female employees whose job turned into an unceasing nightmare of fear, loathing and suspicion,? Mr. Duncan said. ?No person should abuse any position of authority in relation to any employees for the purpose of sexual reasons, which is vexatious or is knowingly troublesome to others.?

Lawyers argued over whether the compensation payments were reasonable in light of the facts. Mr. Duncan said Bermuda?s Human Rights Act 1981 gave powers to a board to make orders for financial restitution to rectify injuries but the $20,000 awards stemmed from Canada.

But Mrs. Justice Miller said it did not seem right to her - ?to receive $10,000 in Canada and $20,000 in Bermuda?.

Mrs. Rice and her husband was given extra cash until they found other jobs six weeks later in the Isle of Man, Mr. Duncan said, resulting from ?psychological trauma?.

?She was left in such a state of fear she could not cope without her husband,? he said. ?We should get away from the knee-jerk reaction that psychological harassment is less than physical. There were several occasions of conduct of a sexual nature not welcome to the complainants.?

The Board also ordered Harris to pay interest of five percent per annum, he said.

However, on Wednesday Harris? lawyer Andrew Martin said Harris? actions were not directed at anyone, which made them ?clearly and obviously? not sexual harassment.

And Harris never touched either woman, he said. ?Obviously the two women were upset and emotionally and professionally offended,? Mr. Martin said. ?But it was not psychologically damaging, unless there was expert evidence to the contrary, and there was none.?

Harris also told his former employees, not to come into his office because he was changing, he said. The former employees complained to both Harris, his wife and a Labour Relations Officer, Mr. Martin said, claiming neither woman was vulnerable or felt fear of reprisal.

Nor was it an open-plan office- ?It implies they were all in the same room without any doors or barriers, but that is not the evidence,? he said.