A man who was convicted of stealing a debit card in Magistrates' Court will get a retrial after his appeal was allowed by a Supreme Court judge yesterday.

Dwayne Gilbert, 40, of Granaway Heights, Southampton, appealed a ruling by Magistrate Edward King that he be sentenced in Supreme Court. Gilbert thought that it was prejudicial to his case that Mr. King had his criminal record during the trial.

Lawyer Victoria Pearman, for Gilbert, told the court that on December 10 of last year, Mr. King had seen Gilbert's antecedents report and had decided that he should be sentenced in the Supreme Court.

Ms Pearman argued that Gilbert was not then represented by counsel, but he knew that the magistrate should not have had his previous convictions report during the case.

She said her client had felt that it was pointless to plead not guilty to the charges, because the case was stacked against him.

She added that even though Mr. King had said that he did not read or peruse the antecedent report, he should not have had it in his possession.

Gilbert had pleaded guilty to stealing or unlawfully obtaining a Bank of Butterfield debit card belonging to Leslie Wylie, attempting to defraud by using the debit card in Maxi Mart in Sandys to purchase groceries worth $330.01 and also to knowingly and fraudulently uttering a false document, a Bank of Butterfield debit card.

Ms Pearman said that she knew that Gilbert had an "horrific" record.

Crown counsel Anthony Blackman argued that the antecedent report is often used during a bail application to say whether or not the accused would or could be a threat to society.

Justice Norma Wade-Miller granted the appeal, but remanded Gilbert in custody for a quick trial date with Magistrate Will Francis.