A man who smuggled $337,000 worth of heroin in his underpants during a British Airways flight to Bermuda was sentenced to 11 years in prison after a jury found him guilty in Supreme Court yesterday.

But Floyd McCoy Hayward's lawyer, Elizabeth Christopher said she will appeal the decision - for the second time. This is the third trial for Hayward for the importation charge and the second where he was found guilty.

The initial verdict was overturned on appeal, and in the second trial the jury could not reach a verdict. The maximum sentence for importation is life imprisonment.

Yesterday, it took the nine woman, three man jury just over two hours to return the verdict of guilty to 47-year-old Hayward, who showed no emotion when the decision came down.

Hayward, of Friswell's Hill, Pembroke, maintained his innocence of importing the drug on April 9, 1999, saying he was drugged by an unknown person and used as a decoy.

Taking the witness stand last week, he said when he passed out, the drugs were shoved down his pants.

When delivering her sentence, Assistant Justice Charles-Etta Simmons said the signs of drug use wreaking havoc in the community are all too prevalent.

She said there is undeniable evidence that drug use destroys families and burdens society with crimes committed by drug users.

"Mr. Hayward, the offence you committed was a serious one you are well aware of the dangers that heroin has on the user," she said. "You are aware of the damage that heroin has on the community.

"You wilfully imported a substantial quantity of the drug and in doing so almost lost your life. If the drug reached the street, it could have potentially ruined other lives."

Mrs. Justice Simmons continued: "It would be wrong to allow you to stay in the community and I am under a duty to punish you and and protect the public. A sentence of 12 years is appropriate, but I take into consideration the one year you have already spent in prison. So, I am imposing an 11 year sentence and remanding you in custody."

Earlier in closing arguments, Ms Christopher argued that Hayward was set up by someone to detract attention away from themselves.

"He does not have to prove his innocence, the prosecution has to prove his guilt," she said. "Mr. Hayward was acting in a normal way - he had come from visiting his daughter in Amsterdam. It's not our case that the witnesses planted the drugs, but something did happen when he was unconscious.

"The person was prepared to risk placing the drugs on Mr. Hayward to make a larger profit. There's no reason to think that if that's what they were intent on doing that's what they would do. Drugs were shoved down his pants. Yes he had heroin in his system - the person who stuck him had access to heroin."

But the jury heard evidence against Hayward from witnesses on the flight who attended to him after he passed out four hours into the flight.

Dr. Claire Holt - a passenger on the flight - had testified that she noticed a single needle mark on his left arm, indicating to her in her capacity that Hayward experienced a drug overdose.

And prosecutor Anthony Blackman dismissed the "mysterious person" theory, saying that no one but Hayward planted the drugs and injected himself.

"There is no room for sympathy," he said. "We know the drugs were found on him and that's a fact.

"A sensitive area like that - you must feel something, unless you're dead. How is it that you sleep so strong and not feel anything going down in that area?" Mr. Blackman added.

"And why didn't this mysterious person just punch him in the body with the needle, why would they have to be so specific to inject him in the arm? You are men and women of the world and you know that people carry drugs on their body.

The prosecutor added: "No one on the plane placed the drugs on the defendant. The decoy is an insult to your intelligence. Don't let your intelligence be clouded - I am asking you to find this man guilty as charged."