The Royal Gazette to the Privy Council.

In July the Court of Appeal set aside an injunction on the paper preventing it from publishing the third transcript of tapes used to convict Dexter Dillas for his role in a major drug-smuggling ring.

Mr. Hall, whose name appeared in the transcripts, said then he would take the Court of Appeal decision to the Privy Council.

But The Royal Gazette lawyer Mr. Kieron Unwin confirmed yesterday that the three-month time limit for Mr. Hall to lodge a bond of $12,000, so he could make the appeal, expired on Friday. He has also failed to have the record prepared for the Privy Council.

Mr. Hall still has the option of going back to the Court of Appeal to ask for an extension but he will have to explain why he did not comply with the requirements during the three months, Mr. Unwin said.

The paper has always argued that the transcripts were part of a public record under the Supreme Court (Records) Act 1955. It published the third transcript in July after the Court of Appeal decision.

Mr. Hall faces costs of $36,000 after losing the appeal.