Government, a long-distance operator and a local firm seeking to provide an inexpensive long-distance phone service.

Logic Communications had applied to the Supreme Court to determine whether it could have its Internet-based LogicPhone service under its licence after Government ruled it was a criminal act.

TeleBermuda International joined Government's side to fight Logic and a preliminary objection from the pair was backed by Puisne Judge Vincent Meerabux who dismissed the case yesterday after a hearing in Chambers.

TeleBermuda International's lawyer Alan Dunch said: "Officially I can tell you that as a result of a preliminary objection that was taken by the Solicitor General and TeleBermuda International, Mr. Justice Meerabux dismissed the case.'' Mr. Justice Meerabux ruled that Logic should have applied to Minister of Telecommunications and E-commerce Renee Webb under the Telecommunications Act to decide the matter.

A spokesperson for the Ministry of Telecommunications and E-commerce told The Royal Gazette : "Logic's appeal for declaratory relief to provide long distance telephone service was rejected by the court on the grounds that there is a statutory regime in place for the resolution of licensing issues.

"The court felt that Logic could have requested a review of their licence under section 13 (2) of the Telecommunications Act but deliberately chose not to do so.

"The issue presented to the court could be more sensibly determined pursuant to statutory proceedings by the Telecommunications Act.'' The decision left Logic's Chairman and CEO Peter Durhager flabbergasted.

"I have to confess to being astounded by this judgment,'' he said.

"As our lawyers have explained it to me, the Court has said that it would have been more appropriate for the company to have sought the Minister's views on the meaning of our licence.

"I can't imagine how this would have resulted in anything other than the Minister repeating the position which had already been laid down by her, which was to withdraw the service because it was in breach of our licence, or face criminal prosecution.

"Not only that, the Minister has, for the last seven months, continued to maintain this position.

"I don't understand it.

"If I'm having a dispute with someone, why would I go to the very person with whom I'm having the dispute to have them judge whether I'm right or wrong? "It's obvious what the answer will be.

"All we want is for the Court to tell us whether or not we can legally offer the Logic Phone service under our licence. What's wrong with that?'' Mr. Durhager admitted to being further confused by the Court's decision to award Logic costs in the matter.

"What makes this entire scenario even more difficult for me to understand is that, despite the Court refusing to hear our case, the Court awarded us almost all of the costs, including the cost of expert witnesses, associated with bringing the matter forward.'' And he warned that the decision would send the wrong message to other players in the global telecommunications industry.

Logic case thrown out "I dread to think how this is going to go over, for example, in Miami next week, at a major E-Commerce conference in which Bermuda is holding itself out to be one of the world's most advanced jurisdictions for telecommunications.

"This decision, and the continued delay in us being able to offer this service, just sends the wrong message to the rest of the world.'' And then there was the fact that Bermudian residents were being denied the service, said Mr. Durhager, who promised to continue the fight to bring LogicPhone to them.

"Not only that, the people of Bermuda continue to be denied the opportunity to participate in the incredible advancements of this new technology and the savings it will bring them. This issue will not go away. We will continue to press for LogicPhone.'' Logic's lawyer Mark Diel said the communication firm's next move was "under discussion''.

Dismissed: Puisne Judge Vincent Meerabux (left) ruled Logic should have taken its case to Telecoms Minister Renee Webb.