erupted into a free-for-all between the prosecuting and defence attorneys amid suggestions of professional impropriety and racism.

Brenton Elvis McPherson, 32, of Washington DC, pleaded guilty in Magistrates' Court yesterday to a charge of attempting to smuggle 8.78 grams of cocaine with a street value of $9,050 into Bermuda on March 27.

But the actual case was overshadowed by a dispute between Crown Counsel Mr.

Brian Calhoun and defence lawyer Mr. Archie Warner.

Mr. Calhoun suggested it would be improper for Acting Magistrate the Wor.

Charles-Etta Simmons to rule in the case because she is a partner together with Mr. Warner in the law firm Lord, Simmons and Warner, which is representing McPherson in the case.

Mr. Warner then suggested Mr. Calhoun's objection had its basis in a racist attitude rather than a concern for professional conduct.

"I'm sick and tired, your Worship...whenever one black person is appearing before another...there is always some suggestion there is some kind of a conspiracy,'' Mr. Warner told the court.

"That is absolutely incorrect,'' Mr. Calhoun replied.

Mr. Calhoun said it was "quite clear'' that Mr. Warner and Ms Simmons had a professional relationship directly relevant to the case through their partnership in the law firm and the fact that she would be required to rule in the case of her firm's client.

"If that isn't blatantly wrong in a professional sense, I don't know what is,'' he said.

"This is ridiculous, this suggestion of race. It is simply a matter of what's professionally proper, irrespective of colour.'' Mr. Calhoun said he had been in contact with the president of the Bermuda Bar Association, Mr. John Cooper, during a lunch-time adjournment in the case to receive advice on how to proceed.

Mr. Calhoun said Mr. Cooper had referred to Rule 100 of the Barristers' Code of Professional Conduct, 1981.

The rule states: "If a barrister or any of his partners or associates is a member of an official body, he should not appear professionally before that body or before a committee of it. It is not, however, improper for him to appear before a body, a member of which is a partner or associate of his if that partner or associate withdraws from the body while it is considering the matter in respect of which the barrister is appearing. It is also not improper for him to appear before a committee of a body if a partner or associate of his is a member of such a body and such partner or associate is not a member of that committee.'' Ms Simmons read the section of the code of conduct and invited Mr. Warner to also read it. Mr. Warner, however, after reading Rule 100 dismissed it as not applying to a court, which he said is "higher than an official body.'' He also suggested Mr. Calhoun had no objection to Ms Simmons presiding over the case during the morning, before it was adjourned over another dispute between he and Mr. Calhoun over how to proceed with arguments to determine McPherson's sentence. Mr. Warner said appointments to the bench were made based on a magistrate's ability to be impartial in all matters.

Ms Simmons adjourned the matter to another court, presided over by Senior Magistrate the Wor. Will Francis, who adjourned it until this morning.