The integrity of the Human Rights Commission will be tested in the Supreme Court later this month as Hardell Entertainment Ltd. sues it in an effort to have their complaint against the Bank of Bermuda heard.

President and CEO of the Hardell Group, Harold J Darrell yesterday filed a writ with the Supreme Court of Bermuda which if upheld, will compel the Commission to hear the matter.

General manager of operations for the company, Corey Butterfield lamented that the action was taken but said the company had exhausted "every other conceivable avenue'', including meeting with head of the Civil Service Stanley Oliver, and the Permanent Secretary responsible for the Commission.

"We were told the minister cannot be involved because he will have to hear any appeal that might arise,'' he said.

Mr. Butterfield said that Mr. Darrell first took his concerns of the bank allegedly discriminating against him and his company on the basis of race, to the Commission last October.

The company wanted to provide new TV channels and pay-per-view movies to the Island.

He said the Commission agreed that the complaint was valid and said they then made a formal filing on October 30.

But according to Mr. Butterfield the Bank later used its influence and caused the Commission to dismiss the complaint without even a hearing.

Responding to the allegations the Bank yesterday issued a prepared statement where it said that through its lawyers it "acted properly'' in the matter and that it"respects'' both the Commission and its decisions.

The Bank also denied Mr. Darrell's allegations in the statement and noted that legal proceedings are ongoing in the Supreme Court in the matter which made it "inappropriate for the Bank to comment further publicly''.

But Hardell feel that by issuing the dismissal without a hearing, the Commission violated their governing Act. Mr. Butterfield said Thursday's writ was an attempt to get the Commission to abide by their Act and hear the company's complaint.

"It's a shame that to protect one's rights, you have to sue the very institution that is supposed to protect ones rights,'' Mr. Butterfield said.

And seeming exasperated by the entire matter he explained why the company felt it had to resort to going to court.

"We are getting different stories every where we go,'' he said. "And we are just not clever enough to figure it out, so we are going to court.'' Rev. Goodwin Smith, chairman of the Human Rights Commission said he was unaware of the writ and could make no comment.

"It's an ongoing matter and so I cannot speak to it,'' he said. "I've told them that it's just a matter of patience and that they should wait but obviously they are not intending to do that.'' `Rights' hearing When told that the writ had been filed, Rev. Smith's initial response was "Well, good for them''.

Kenneth Dill the director of Human Affairs whose office oversees the Commission, said that he too had not heard about the writ.

"I'm now just on the Parliamentary side of it,'' he said. "I have no knowledge of this writ whatsoever.'' A Supreme Court judge will hear the writ in Chambers on March 29.