after his firm was found guilty of employing three Portuguese workers without permits.

Senior Magistrate William Francis ruled that the Labour and Human Affairs Minister was acting properly when he closed the category of commercial cleaners to non-Bermudians.

And he said there was no evidence to show he had not been directed by Cabinet.

Mr. Francis added that since Mr. DeFontes had admitted employing the three non-Bermudians he had found him guilty as charged.

The three Portuguese -- Eduardo Bolarinho, Gabriel Bolarinho and Jose Cabral do Couto -- were seen cleaning the MarketPlace on Church Street by Immigration officials on February 15, 1995.

On May 15 in Magistrates' Court they admitted working without a work permit and were fined $800 each.

Doo-All Cleaners pleaded not guilty to employing them without permission from the Minister but defence lawyer Mark Diel argued that they were forced to by the Crown.

He said the Minister's action of placing a restriction on the hiring of non-Bermudian commercial cleaners had prevented his client from hiring the staff he needed.

Attempts to fill available positions with Bermudians failed as people who applied for the positions either did not show up for work or quit soon after being hired.

The Department of Immigration had been informed but had still refused Doo-All's requests to hire a foreigner.

They were at risk of losing their contract to clean the MarketPlace on Church Street so the three men were hired to do the job.

Before the sentence was passed Mr. Diel asked Mr. Francis to consider giving his client either a conditional or absolute discharge.

To ask Mr. DeFontes to pay a fine to Government which had caused him all the problems in the first place was "offensive''.

Mr. Francis said he had given the defendant every benefit of the doubt and fined Mr. DeFontes $500 for each illegal hiring.