Court yesterday on charges of unlawfully staying in Bermuda after their visas had expired.

And a Portuguese man was fined $800 after he was found to be working at a construction site without a work permit.

All four were arrested on Tuesday in a joint Immigration/Police sting operation.

Last weekend saw the roundup of 16 suspects, six of whom appeared in court Monday. Senior Magistrate Will Francis decided then to remand the men in custody under section 64 of the Criminal Code, which would leave them without a record.

But yesterday, Mr. Francis decided not to remand in custody Rowell George Dorma, 36, James Emanuel Barnett, 35, and Bertran Nehemiah Bryan, 36, all from St. Andrew's Parish, Jamaica, after their lawyer Elizabeth Christopher persuaded him that they "made every effort to comply with the law'' before they were arrested at the airport on Tuesday morning, heading home to Jamaica via New York.

After they pleaded guilty to the charges, Crown counsel Larry Mussenden described how the three men, all farmers, were detained by US Immigration Officials as they attempted to board Tuesday's early morning American Airlines flight to New York.

Scrutinisation of their travel documents revealed that their visas, obtained upon arrival in Bermuda on different dates over the past year, had all expired.

The men were detained and arrested.

Yesterday, Mr. Mussenden argued that the men should be remanded in Police custody because "they would put a burden on the already substantial housing problem'' if they were released to await a decision from the Governor as to whether they should be deported or allowed to leave voluntarily.

"This is a serious matter,'' he said, "and, as much as Bermudians love to have visitors of all nationalities, we cannot allow people to stay longer than they are allowed to.'' Mr. Mussenden referred to the fact that the men's illegal presence put a strain on Bermuda's housing and, possibly, its employment, although no evidence was tendered that they had been working during their stay.

"As Bob Marley said, `One love, one heart' and while we do have a kindred spirit with the people of Jamaica, as we do with other nationalities, people who overstay their welcome in Bermuda should be dealt with accordingly,'' he said.

However, Ms Christopher submitted that the men had, in fact, been attempting to comply with the law when they were arrested and "should be given credit for that''.

After deliberation, Mr. Francis ruled that the men be released on bail with the requirements that sureties vouch for each one of them and that they report to Hamilton Police Station twice a week.

He set the case down for mention on Wednesday of next week.

A fourth defendant, 34-year-old Jose Moniz Rego, faced an unrelated charge of working for two days on a construction site without a work permit. Not being able to speak English fluently, Rego was read the charge by a translator and pleaded guilty.

The man, from San Miguel in the Azores, was arrested on Tuesday after Immigration received information he was working illegally. When Police attended the work site at Pink Beach Club Rego was one of the men who fled the scene.

Yesterday, the court heard that Rego had arrived on the Island on November 7 and had obtained a visa, allowing him to remain in Bermuda for three weeks. He had been working at the site for two days without a permit.

Mr. Mussenden submitted that Rego should not only receive a hefty fine, but also be deported.

But Mr. Francis disagreed, saying that, due to his valid visa, he is "still entitled to be here''. He fined him $800.