Anthony Edwin Flood to have his guilty verdict overturned yesterday -- despite warnings by defence attorney Mr. Tim Marshall that the rights of all defendants would be jeopardised if it did.

"We've listened to the arguments very carefully -- particularly those of Mr.

Marshall,'' Court of Appeal president the Hon. Sir James Astwood said in delivering the ruling.

"But we've come to the decision that we will dismiss this appeal. We'll give our reasons (for the dismissal) at a future date.'' Flood, 28, was convicted by a jury in November of murdering 57-year-old Vincello (Johnny Peppers) Richardson, a former Fort St. Catherine curator whose body was found in St. George's harbour in December of 1993.

Also accused of stealing some $3,400 from the dead man, he was sentenced by Puisne Judge the Hon. Mrs. Justice Wade to life in prison and launched his appeal soon after.

Yesterday, Mr. Marshall told the Appeal Court panel that Mrs. Justice Wade had erred when she ruled that a Police interview in which Flood had confessed to the killing could be admitted in the trial as evidence.

He also said that the Court of Appeal would be putting all defendants at risk if they upheld Mrs. Justice Wade's decision.

"You should not penalise a defendant because he took to the stand to defend himself against evidence that should not have been admitted in the first place,'' Mr. Marshall told the judges. "You place the defendant at risk if you do not protect the right of silence.'' The lawyer added: "I'm not saying that he (Flood) should be set free. I'm saying that the rules of law and procedure must be followed, because if we minimise the rights of this defendant for taking the stand, we are in danger of minimising the rights of someone who maintains his innocence throughout.'' According to Marshall, Mrs. Justice Wade had violated Flood's right to remain silent at his trial when she ruled that the damning "informal rap session'' between Flood and Det. Sgt. Stuart Crockwell could be considered by the jury as evidence.

He also charged that the judge had failed to explore an "independent body of evidence'' that included an earlier Police interview in which Flood had vehemently denied guilt and a claim by Flood's sister that the Police had initially promised to charge her brother with manslaughter.

Mr. Marshall alleged that the Police had coerced Flood into confessing to the killing with the promise of a manslaughter charge and then reneged on the deal at the "rap session'' by charging him with murder.

"She (Mrs. Justice Wade) did not explore the ramifications of what had taken place in that rap session,'' Mr. Marshall said. "She noted the evidence but she did not assess it. Consequently, he (Flood) had no choice but to give evidence. If he hadn't, he likely would have been convicted anyway.'' But the representative of the Crown, newly installed Attorney General Mr.

Elliott Mottley, countered that the fact the appellant had been "forced'' to testify at his own trial was irrelevant.

He said there was enough evidence beyond the examples that were cited by Mr.

Marshall on which to convict Flood.

"What my learned friend seems reluctant to concede,'' Mr. Mottley said, "is that there was other evidence that related to his admission and that would have gone before the jury.

"The defendant confessed on two occasions,'' the Attorney General explained, adding that Flood told the Police during one interview: "I told (a man named) Green everything. I might as well get it over with and come clean. I don't want to do no big time.'' Mr. Mottley also defended Mrs. Justice Wade's decision to admit the entire Police record, saying she was obliged to rule on the admissibility of the evidence -- not the "propriety'' or "motives'' of those who conducted any preliminary interviews -- and had "clearly'' considered "all'' of the evidence.

"In giving her ruling,'' Mr. Mottley told the panel, "the judge is clearly mindful of the law. Having said that, she then went on to make a judgment on the facts.'' Flood, who was accompanied in court by two Police officers, gave no immediate reaction to the denial of his appeal and was quickly escorted from the courtroom.