doctor who worked abroad for more than five years, Labour and Home Affairs Minister the Hon. Irving Pearman said yesterday.

Former Chief Medical Officer Dr. Barry Whalley took the Minister to Supreme Court upon learning the Bermudian status he was granted in 1970 had been revoked.

In a judgment yesterday, Chief Justice the Hon. Sir James Astwood ordered Dr.

Whalley's status restored.

"Bermudians, like anyone else, have the right to come and go as they please, once they are Bermudians,'' Sir James said.

Mr. Pearman cautioned he had not read the judgment, but said: "I think it's a precedent case. It will probably affect how we look at these (cases) in the future.'' A change in the law was also "quite a possibility'', Mr. Pearman told The Royal Gazette .

Born in Argentina but a British subject through his parents, Dr. Whalley moved to Bermuda after he qualified as a medical doctor.

Upon rising to Chief Medical Officer in 1976, Dr. Whalley was seconded by Government to the Pan American Health Organisation.

He was posted to Trinidad until 1980, when he resigned from the Bermuda Government. He worked in Venezuela and the Bahamas before returning to Bermuda earlier this year to retire.

Between jobs, he had returned to Bermuda in 1983, when he said he was assured of his continued Bermudian status.

And he maintained a home in Bermuda with his wife and son during his sojourns abroad.

Government said Dr. Whalley lost his status by living away from Bermuda continuously for more than five years.

But Sir James took a different view.

"The facts disclose that he worked abroad and did not commute every day, every weekend, or even every month,'' he said. "They disclose that he returned to his home, as any responsible Bermudian would do, to be with his family when convenient.

"When he was home in his established home in Bermuda, he was enjoying his Bermudian status.'' There was no word yesterday on whether the decision would be appealed. Mr.

Narinder Hargun, representing Dr. Whalley, asked the court to award his client costs. Solicitor General Mr. Barrie Meade said he wanted to make submissions against that application.

Both sides in the dispute presented Constitutional arguments, but "the facts speak for themselves,'' the Chief Justice said. "He has not been ordinarily resident outside of Bermuda continuously for five years.

"Therefore, he still continues to possess and enjoy his Bermudian status.

"No person in Bermuda who holds Bermudian status will lose that status on a doubtful interpretation of their residence outside of Bermuda.''