to overturn a Magistrates' Court decision.

It is believed to be the first time a newspaper article has been produced as evidence in a court in Bermuda.

Defence lawyer Mr. Mark Pettingill made the claim yesterday in light of a Supreme Court appeal which goes ahead today.

His client, Peter Berned Focke former chief engineer of the Somers Isles is appealing a recent prison sentence on the grounds it was excessive.

Focke was sentenced by the Senior Magistrate to three months in prison after pleading guilty to possession of a Magnum bullet.

Two articles written by a Royal Gazette reporter from notes made during the plea court proceedings will be used as a basis for the appeal.

They will corroborate defence claims that submissions on which the appeal is based were made in court, although they were not recorded by Senior Magistrate the Wor. William Francis.

In particular, references in the article to submissions by the prosecution on past drugs convictions will be cited.

"They were remarks that did not form part of the official record but formed the basis for appeal,'' he said.

"Not all the submissions made by the prosecution were included. The articles will be exhibited as evidence of what was said in court.'' Mr. Pettingill added the case raised the question of a need for stenographers to record court proceedings. At present, judges' handwritten notes form the official record.

"It would mean we wouldn't have these discrepancies arising,'' he said.

In a supplement to his sentencing notes, Mr. Francis admitted certain submissions were made but he did not record them because he did not deem them relevant to the sentencing, Mr. Pettingill said.

Following the sentencing, political party leaders applauded Mr. Francis' decision to send out a strong message to firearms offenders.

The case was the first to come before Magistrates' Court since a gun amnesty called by the Premier Sir John Swan ended last month.

Solicitor General Mr. Barrie Meade will represent the Crown at the hearing.