Bermuda's largest concrete producer was yesterday accused of using "smoke screens'' to protect its own interests.

Crown counsel Mr. Philip Holder made the accusation during the second day of Bierman Concrete Products Ltd.'s Supreme Court fight to continue its operations near the Rocky Heights quarry in Smith's.

The company, which has operated from the industrial site for more than 50 years, is trying to block efforts by the Environment Minister to shut the site down.

The court heard that residential development in the area had grown significantly over the past 20 years and residents had complained about dust and noise coming from the quarry and block-making site.

In 1971, when the company applied to the Development Applications Board to extend the quarry, residents objected, complaining that their homes had been devalued and there was a lack of amenities because of the quarry's location.

Some also complained that dust was depositing on their homes, trees and vehicles, was contaminating their water and could lead to respiratory diseases. Others complained about noise from the trucks and the danger to their children from heavy traffic in the area.

But lawyers for the company, Mr. Mark Ray and Mr. Mark Diel, have insisted that the company's concrete-producing operations are crucial to Bermuda's construction industry and that it has had difficulty finding an alternative site.

They also stressed that the company had user rights to store off-site materials in the quarry.

And yesterday they argued that if Bierman's had seen the complaint files and other relevant documents earlier, the company could have cleared up the matter.

Mr. Diel noted that only through an order from Puisne Judge the Hon. Mrs.

Justice Wade was the company made aware of a November, 1971, memo from the Planning Director to the DAB, acknowledging that the quarry and industrial site had existing use rights and were there long before the residential developments.

The DAB relied on the submissions and accepted that there were existing use rights for the block-making plant, he noted.

"We have a body that in 1971 says, without fear of contradiction, Bierman's have use rights,'' Mr. Ray added. "Then, for the next 22 years, it has been covering it up.'' "The Department of Planning have granted numerous permits for development rights around the perimeter, with the closest house 40 feet from the excavated cliff,'' he added. "And the blame for that situation and discontent by residents has been laid at my client's doorstep.'' Despite this, Mr. Ray said, Bierman's had tried to be a good corporate citizen and only took the matter to the Supreme Court as a last resort.

In fact, he said, the company brought in a dust consultant to analyse the situation in the area. And from that analysis the company was willing to have the wall of the industrial site fenced.

But Mr. Holder argued that it was wrong to claim that Bierman's had not been informed about use rights until the last hour.

He pointed out that as early as June, 1985, Planning Minister the Hon. Haskins Davis said there was no existing use rights for the Rocky Heights area and Bierman's had not appealed the Minister's decision.

Mr. Holder also said it was unclear from where the director in 1971 received his information about use rights.

But he stressed that it could not have come from the Minister "who stays far away from the board's dealings'' and has the power to override the board's decisions as was the case in the Bierman matter.

Bierman's director Mr. Kevin Chambers will give Mrs. Justice Wade a tour of the quarry and industrial site this morning.