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Hardell owner strikes defiant stance

The owner of Hardell Cable Television and Hardell Entertainment will not quit his legal quarrel with the Ministry of Telecommunications until his companies are ?given their rightful place in Bermuda?s cable industry?.

Corey Butterfield, the spokesman for the companies owned by Harold Darrell, spoke to following a ruling this week by Puisne judge John Riihiluoma. He limited Hardell?s request for a judicial review of the manner in which the Minister of Telecommunications issued World on Wireless! a licence for its cable television service.

Hardell lawyer Richard Horseman will only be allowed to pursue the review in regard to WOW!?s Class 7 equipment licence and not in regard to WOW!?s umbrella Public Television Service (PTS) licence. Under the law, requests for such reviews must be initiated within six months of the licence being granted and Mr. Justice Riihiluoma ruled that in respect of the PTS licence, Hardell was out of time. While WOW! director Gavin Wilson this week claimed the judge?s decision was a positive step for his company, Mr. Butterfield also claims the decision as positive for Hardell.

?It is the best possible legal position we could have, ? Mr. Hardell said explaining that the judgment this week involves one of two legal proceedings Hardell has launched in its battle with the Minister.

In January 2003, the local communications company obtained a Supreme Court order allowing it to sue the Telecommunications Minister. Lawyer Delroy Duncan is leading this separate suit on Hardell?s behalf.

?While in this particular case (this week?s decision) appears to be a setback, in the bigger picture it is really inconsequential because Mr. Delroy Duncan is already attacking WOW!?s first (PTS) licence and that case is already at trial,? Mr. Butterfield said. ?Mr. Duncan is certain to block WOW!?s PTS licence so we are extremely pleased with Justice Riihiluoma?s decision because it now means we have one set of proceedings that will deal with WOW!?s PTS licence and another set of proceedings that will deal with WOW!?s equipment licence. It is Hardell?s best possible legal position.?

While the double set of legal proceedings is costly for the companies, Mr. Butterfield says they will continue to pursue legal action until he gains his ?rightful place in Bermuda?s cable industry?.

?What Minister Webb did was wrong and if anyone knows Harold Darrell he doesn?t stop and central to our legal strategy is to challenge every development that happens that goes against Hardell?s legal interests,? Mr. Butterfield said.