A Jamaican man jailed for ten years for importing for supply 939.81 grams of cocaine ? worth up to $250,000 ? to Bermuda in the pockets of jeans packed in his luggage did not suffer an unfair pre-verdict summary from his trial judge.

Three Court of Appeal judges heard a claim that father-of-three Lincoln George Brown, 39, had been disadvantaged by the way Puisne Judge Ian Kawaley summoned up the evidence for the jury at the 2005 trial.

Brown, formerly of Rock Valley, Warwick, claimed he had agreed to take eight pairs of jeans at Monetego Bay Airport in April 2003 for a friend who did not have enough luggage space.

Lawyer Shade Subair argued the trial judge had given the jury the wrong impression that it had been for Brown to prove he neither believed nor suspected or had reason to suspect that he had drugs in his luggage, whereas it was for the prosecutors in the trial to prove he had knowledge of the drugs.

However an incomplete trial transcription made it impossible to know if the judge had gone on to correct or quantify what he had said at that point of his summing up to the jury.

However, Justices Sir Anthony Evans, Sir Austin Ward and Sir Charles Mantell said that even if they assumed the trial judge had not added anything after the incomplete section of the transcription, it was clear he later gave clear direction to the jury about the burden of proof that the prosecution must have shown in order for Brown to be convicted.

Ms Subair further contested there had been an ?accumulative effect? within the trial judge?s summing up in which he had repeatedly used the term ?it seems to me? as he gave his opinion on the evidence and had favoured the prosecution case as he did so.

Ms Subair said Mr. Justice Kawaley appeared to have been excessive in giving opinions durin his summation.

Sir Charles ssuggested that he ?does not express his opinions so much? in the future, but that was not enough to bring an appeal in this case.