residential complex, a Supreme Court judge ruled yesterday.

Bermuda Digital Communications (BDC) CEO Michael Leverock said he was "elated'' after hearing Puisne Judge Philip Storr's decision that the company can hold on to its lease on land at the Fairmont Southampton Princess.

But a lead campaigner against the tower yesterday vowed to continue in the fight against its presence.

Community Against Radiation Emissions (CARE) leader Stephen Thomson said: "Obviously we are disappointed by the ruling but we'll continue in our course of action.'' He added he did not want to elaborate any further until he had seen the details of the judgment for himself. BDC brought the civil suit against West End Properties Ltd., a subsidiary of the hotel, after they were notified that their lease on land at the property was to be terminated.

This action had been urged on by residents at Faraway, an on-site residential complex for Fairmont Southampton Princess employees, who expressed fears that the nearby cellular base station was detrimental to their health.

Yesterday, Mr. Justice Storr said his ruling in favour of BDC was made on the grounds that they had properly observed their obligations under the lease.

He added that he did not feel West End Properties Ltd. "acted reasonably'' in bringing about the termination, partly because they had not objected to the building of the cellular tower from the very beginning.

Cellular tower can stay "Had those in authority applied their minds to the consequences of erecting a cellular tower at the selected site,'' he said, "they must have realised that it was likely there would be opposition from nearby residents. Mr. Assistant Justice Storr also said it was "unfortunate'' that West End Properties Ltd.

espoused the view of health and toxicology professor Dr. David Carpenter, who believes that cellular towers are not safe, because "in my view the welfare of the employee and their families would have been better served by maintaining a completely neutral view''.

As well as the expert evidence, last month's week-long hearing also included testimony from Faraway residents, all of whom said they had not been convinced that the tower was safe and some of whom attributed recent health problems to the base station's presence.

But, yesterday, Mr. Assistant Justice Storr said: "I am persuaded that the fears of the residents of Faraway Cottages are, at the very best, exaggerated.'' While noting that it was not necessary for him to analyse the evidence of expert witnesses to render his judgment, he said: "I am satisfied that the position taken by Professor Carpenter would appear to be an extreme position not justified by the preponderance of material on the subject.

"I prefer the view expressed by Professor (John) Moulder that it is extremely unlikely that the levels of radio frequency radiation received by the public...will be strong enough to produce any biological effects.'' After hearing the ruling, BDC CEO Mr. Leverock told The Royal Gazette of his happiness that the matter was finally closed.

"Obviously I'm pleased with the judgment,'' he said. "I've always felt that we complied with all the requirements of our lease.

"I hope this controversy is now behind us and I agree with what the judge said about the emissions being unlikely to have biological effects.

"I have to say that I'm elated by the news and, therefore, at a bit of a loss for words.

"But I think it's time for us to get on with what we are licensed to do, and that's provide cellular phone service for the Bermudian public.

Asked what decision he had expected to hear yesterday, Mr. Leverock said: "I was actually pretty confident about how it would turn out. This issue has been going on for some time and this judgment just reinforces what we've been saying all along.'' And asked if he saw any end to the controversy in the near future, he said: "Only time will tell.''