An oversight by the Department of Public Prosecutions (DPP) to file an application for an extension within the allotted time resulted in a dismissal in Magistrates' Court this week.

Michael Edinholm, representing the US based telecommunications company GlobalTel, appeared before Acting Magistrate Edward King to answer to charges of possessing illegal telecommunications equipment - in violation of the Telecommunications Act 2000.

An extension from July 19, had already been granted until Monday, for the case to be heard. A plea was not entered by Edinholm.

According to section 452 of the Criminal Code Act, charges being brought against someone in a summary offence must be filed within six months of the time the alleged crime was committed. And if there was to be an extension, there must be notification cited from the DPP's office that there are special circumstances surrounding the case. Last year, GlobalTel, was said to be pulling several million dollars out of the local economy from Bermudians by operating an illegal callback system here in Bermuda.

The practice resulted in the Telecommunications Department stepping in and confiscating telecommunications equipment from the company late last year and having the company shut down twice. Crown counsel Graveney Bannister, noted to the court that the offence occurred on or before December 29, 2000. However, Mr. King stopped Mr. Bannister, noting July 19 was past the six month time span. Mr. King said: "They say you had some equipment without the Minister's permission.

"The law states that the information must be laid within six months of the offence committed - which makes it worse, because this was not laid until the 19th of July. Well, the court has no jurisdiction to deal with this matter, lest there's a note from the DPP. No such certificate from the DPP was presented to the Magistrate. You don't have anything to answer to me."