be open to the public, the Chief Justice has ruled.

The case involves gynaecologist Dr. Delmont Simmons, who is challenging a decision by the Bermuda Hospitals Board to discipline him for verbally abusing a nurse.

In Supreme Court yesterday, Dr. Simmons' lawyer Mr. Ian Kawaley asked for a ruling on the "controversial matter'' of whether the case should be in open court.

Chief Justice the Hon. Sir James Astwood told him: "I would not be doing any trial of this nature behind closed doors.'' People want to know if the hospitals are operating properly, he added.

He ruled the trial should go ahead within two weeks.

The disciplinary incident occurred at King Edward VII Memorial Hospital last year when Dr. Simmons swore at nurse Joanne Uttley in front of a patient. The Hospitals Board medical staff committee took up the issue, and after questioning Dr. Simmons and reviewing his record, recommended disciplinary action.

The Board, which is responsible for running King Edward and St. Brendan's hospitals, later decided to suspend the doctor's patient-admitting privileges for four weeks.

If the court rules this suspension can go ahead, it would mean Dr. Simmons could not work in the hospital for a month.

At yesterday's hearing Mr. Kawaley said the board had improperly made regulations on disciplinary matters when only the Health Minister was legally entitled to do so.

The Minister should have made regulations and didn't, he said. Mr. Philip Holder, representing the Minister, said his client did not wish to take part in the proceedings.

Lawyer Mr. John Barritt represented the Board and chief of staff Dr.

William Cook.

The hearing is expected to last less than a day.

Some observers believe a court decision against the board could set a precedent that would undermine disciplinary powers at other Government-related boards.

Mr. Kawaley has said he will not be contesting the findings of abuse. PHOTO Sir James Astwood.