in Magistrates' Court on Friday will be spending time in prison until he can pay his fines.

Derrik Randolph Kinnie was charged with attempting to export foreign currency from the Island without Government permission and possessing a small amount of cannabis.

Crown counsel Mr. Brian Calhoun told the court that the Portchester, New York, resident was searched by US Customs and Immigration officials at the Airport on Thursday during pre-clearance for his flight home.

Cannabis seeds and remnants weighing .20 grams were found among his belongings and $6,757 in US bills were discovered concealed in a money belt. He was also carrying $250 in Bermuda currency.

Mr. Calhoun said the 26-year-old, who had been on the Island three days, told Police he had been paid by an American to collect $7,000 from a Bermudian and take it back to the US.

But Kinnie's lawyer, Mr. Stephen Hankey, said the circumstances of the case were much different.

He said Kinnie had loaned some money to a friend in the US, who in turn made a larger loan to a Bermudian. Kinnie had come to collect the funds because it was the only way to get his money back, Mr. Hankey explained.

The lawyer said his client, who is employed as a yogurt shop manager, was not aware he was breaking any laws by trying to take the money out of Bermuda. Mr.

Hankey requested that Kinne's fines either be kept at $250, or paid out of the confiscated money if they exceeded that amount.

"If he is required to pay a fine, he has no money left to pay it with,'' said Mr. Hankey.

Mr. Calhoun argued that the money was not Kinne's to start with, and said the idea of keeping the American's fine at $250 was "a disturbing concept''.

"That's a case of the tail wagging the dog if I ever heard one,'' he added.

Senior Magistrate the Wor. Will Francis agreed with the crown counsel, and said limiting the fine based on such circumstances "could set a dangerous precedent''.

Mr. Francis said he did not want people such as drug couriers thinking they could get off lightly in Bermuda by carrying only small amounts of cash with them.

Kinnie was fined $300 for the currency offence and $100 for cannabis possession, and the entire amount of US currency was forfeited to the crown.

Mr. Hankey asked that his client be given time to pay, but Mr. Calhoun again objected because Kinnie "is not a lawful alien''. If the fines are not paid, Kinnie must spend 40 days in jail.