The father of an American visitor jailed for attacking a fellow cruise ship passenger will mount a campaign urging tourists to boycott Bermuda.

Thomas Donovan claimed his son Michael, 34, would have been treated more fairly "in red China" - and vowed to write to New York Senator Hillary Clinton and travel agencies in protest over his son's treatment.

Michael Donovan was jailed by Senior Magistrate Archibald Warner last week for three months along with co-defendant Joseph Pontieri, 29.

Donovan, of Lexington Circle, New Jersey, and Pontieri, of Bard Avenue, Staten Island, New York, admitted causing grievous bodily harm to Christopher Emanuel, 38, after breaking his jaw. Mr. Warner said at the time that tourists deserved the same legal protection as locals.

Mr. Donovan Senior of New Jersey spoke out yesterday after Puisne Judge Carlisle Greaves rejected an appeal against the jail sentence at Supreme Court.

Crown counsel Cindy Clarke had told Magistrates' Court that the victim, from Arizona, arrived in Bermuda on the Norwegian Crown cruise ship on October 5 along with the two defendants. The trio met that night at Splash night-club in Hamilton, where Mr. Emanuel became embroiled in a dispute with Pontieri after the latter allegedly harassed one of his female friends.

Pontieri and Donovan later attacked Mr. Emanuel on Front Street by hitting and kicking him, leaving him with a broken jaw, a lacerated eyebrow and cuts to his face.

Representing the two defendants at the Court of Appeal yesterday, Llewellyn Peniston urged Mr. Justice Greaves to suspend the rest of their jail sentence "as a pure act of mercy", plus impose a fine of up to $7,500.

He argued that Mr. Warner did not give sufficient weight to mitigating factors, such as the defendants' offer of apologies and compensation to the victim, who has returned to the US for treatment.

Mr. Peniston said the men, who are both elevator engineers, were of previously good character. He pleaded with the judge to have mercy on their families. Both are married and Pontieri has a four-month-old son while Donovan has a two-year-old daughter.

"Prison has been a sharp, short and shocking experience for them," he said, claiming they faced losing their homes and jobs.

But Mr. Justice Greaves said: "Did these men not know at the time they decided to assault a man that they were the sole providers of the household, that they had young children and if they got into trouble they could lose their job? Is that not a consideration that any right-thinking man would make?"

He said of his view of events: "When a man is going along the street, going back with his lady, they have followed him and beaten the stuffing out of him. What prompts anybody to feel so mighty that they can treat another human being like that? How can you reduce another human being to a state of nothingness and then complain the man treated them wrong when he locked them up for three months?" After hearing submissions from Ms Clarke, who said the sentence was not unjust, Mr. Justice Greaves rejected the appeal. Donovan put his head in his hands and appeared to brush away a tear, while Pontieri looked stunned. An angry Thomas Donovan stormed out of court as his son was led back to the cells, saying: "What are we in, a communist country here? You get better law in China than in this goddamn place."

He added: "This is the way Bermudians treat tourists? When I go back to the States I will tell everybody about this country. You will never see me here again, I will never buy a British product and I plan on going to the British consulate in New York City about why I feel inhuman treatment is given in court. I will be contacting my Congressman, Senator and Hillary Clinton, although I don't think they can do anything. I will be contacting as many travel agencies as I can and letting them know about the unfair treatment."

However, he praised the American Consul and the Westgate guards for their professionalism and assistance.

Pontieri's wife, Carolyn, left court with their four-month old baby - also called Joseph - without commenting.

Former Tourism Minister Ewart Brown, who resigned yesterday in order to challenge for leadership of the PLP, appeared unconcerned about Mr. Donovan's one-man anti-tourism drive. "I do not believe that an anti-Bermuda campaign based on this case will gain momentum," he said.