i fixed it
This is a nasty fix, not for the faint of heart or those with warenties.
I removed the back and connector for the top controlls.
then removed the HD and battery
then pluged it into my mac, started it up
NO SYSTEM Disc icon (as expected with no hd)
Unpluged (not a proplem with ipod itself (not inc battery)
Replaced battery and HD then plugged in again (still not passing the apple screen)
Unpluged and removed HD and Reset (menue & play)
Pluged in without HD and waited til folder with ! came up again
Reatached HD while still connected to mac (told ya it was nasty)
ipod went straight to disc mode
iPod updater said " there is an iPod connected but not mounted"
Hit RESTORE
ipod "OK to disconnect"
disconnected, reconnected, iPod-"Do Not Disconnect"
Mounted on Desktop, iTunes did not detect ipod connected, Restored again
Itunes opened
Syncing with itunes now
looks Good
---edit--- i did put it back together again at some point, cant remember wherer though