A couple convicted almost three years ago of effectively starving their infant daughter to death have taken the first steps in their appeal against conviction.

In a case that gripped Bermuda, a Supreme Court jury in June 2004 unanimously found Dr. Amenemhat Waset Amen-Re Tamerry, now 51, and his wife Maatkai Hatsheput Tamerry, now 39, of Club Road, Hamilton Parish guilty of the manslaughter of their 10-month-old daughter A'maya on March 1, 2001 by failing to provide her with adequate nutrition.

Instead of providing the baby girl with balanced nutrition and proper medical care, the couple relied on Irish Sea Moss in conformity to their vegetarian lifestyle.

She lost weight dramatically over the last months of her life and died suffering from major organic deterioration.

Dr. Tamerry (formerly Clark Godwin) was sentenced to five years in jail - a term he's still serving and appealing - and Mrs. Tamerry (formerly Regina Godwin) was imprisoned for one year, which she has since completed.

Yesterday in a preliminary hearing in the Court of Appeal, barrister Patricia Harvey for Dr. Tamerry successfully applied for a court order requiring the Crown to disclose certain evidence used in the trial and not now in the possession of the appellant.

In particular, Ms Harvey was asking for the handover of slides of tissue taken from the little girl's body and clear prints of photographs used.

Those she has, she said, are "copies of copies of copies" and aren't clear.

Forensic specialists, including an overseas pathologist, need them, Ms Harvey told the court, in reference to the appellant's argument that his daughter died of causes other than malnutrition.

The lawyer was also seeking post-mortem x-rays along with toxicology and microbiology reports for the same purpose.

Director of Public Prosecutions, Vinette Graham-Allen, advised the three-man panel that such evidence was disclosed to the appellant as long ago as the preliminary inquiry in Magistrates' Court and given in evidence.

For the Bermuda Hospitals Board, lawyer Alan Doughty opposed the surrender of any slides held at the King Edward hospital.

He said that they aren't identical to those used in evidence and that the hospital wishes to keep A'maya Tamerry's files confidential. Beyond that, he said that there are no post-mortem x-rays.

Granting the order, Court President Edward Zacca attached the conditions that documents that do exist are handed over, that documents with the court are the ones to be disclosed and that biological slides are sent from the King Edward hospital directly to another hospital for access by forensic specialists.

Mrs. Tamerry had earlier abandoned her appeal but her lawyer, Craig Attridge, applied to withdraw the abandonment and the court allowed it.

Sitting with Mr. Justice Zacca were Justices Gerald Nazareth and Sir Murray Smith.