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Government, Digicel back in court

Saul Froomkin, representing Government in the Digicel case

Government and Digicel faced off in court again in the long-running international long distance dispute.Saul Froomkin, the private lawyer representing the Telecoms Department, argued for Digicel’s judicial review proceedings to be set aside.Digicel is pushing for a trial date.Tuesday’s hearing was adjourned and the parties asked to make written submissions in reply to the arguments within seven days, the Chief Justice Ian Kawaley will make a decision.The Royal Gazette has learned that the Telecoms Commission has advised Government that it has found Digicel and Transact are not in compliance with their licences.But Minister of Environment, Planning and Infrastructure Strategy Marc Bean has told the Commission that before he makes any decision in the case he needs more information on how it reached its findings.Digicel is seeking an injunction preventing the Minister from even making such a decision in the first place because it says it was approved so he cannot make any decision against that approval now.Government argued Digicel needs to wait for an actual decision before seeking such action.Long distance provider TBi is joined with Government in objecting to Digicel’s launch of ILD.Digicel has accused Government of making a “dramatic u-turn on its decision to allow it to provide international long distance service”, causing it to suffer “enormous reputational damage”.