Farias' lawyer seeking leave to appeal to the Privy Council in London.

Mr. Arthur Hodgson felt he had a better chance of being granted permission to go before Bermuda's highest court by way of the Bermuda Court of Appeal, which he said was more familiar with the Bermuda Constitution and the fish pot ban.

But Appeal Judge the Hon. Mr. Justice da Costa said: "It's never been done before.'' The Court had no power to grant him leave to appeal to the Privy Council under the Appeal Act of 1911, Mr. Justice da Costa said. And he was not about to "create a precedent'', which was essentially what Mr. Hodgson was asking.

The matter was criminal and the appeal was against conviction, added Mr.

Justice da Costa.

Mr. Hodgson said afterwards he had expected to at least be heard.

He was going to argue the Farias case was "a matter of great public importance'' and the Court should send it before the Privy Council for hearing.

Mr. Farias' appeal against the Government ban on fish pots was thrown out by the Bermuda Court of Appeal last November.

Mr. Hodgson had argued the March, 1990 ban was unconstitutional.

Farias, who has been a fisherman for 40 years, had been fined $2,000 in Magistrates' Court for possessing and using pots two months after the ban. He had first appealed to the Supreme Court.

Mr. Hodgson said he would be taking further instructions from Farias, but he would most likely now seek leave to appeal directly from the Privy Council and hope that it will agree to hear the case.