Digicel won a small step in court on Friday in their quest to continue providing long-distance service when Chief Justice Ian Kawaley approved the company’s application to seek judicial review of the Ministry of Environment, Planning and Infrastructure’s decision to refer matter to the Telecoms Commission.Digicel was initially denied this request in February by the former Chief Justice Richard Ground, requesting to have their case heard in court rather than decided by a commission and the Ministry.The dispute over Digicel/Transact international long distance was sent to the Telecoms Commission, which has yet to report its findings to the Ministry, despite completing its inquiry in February, on whether the new ILD service offered by Digicel/Transact is in compliance with the two companies’ licences. The company has been offering long distance service since December.The Chief Justice on Friday deferred ruling on the company’s legal bid to have the court stay any decision from the Ministry of Infrastructure.Digicel requested a ‘pre-emptive prohibitive interim injunction’ allowing the Chief Justice to suspend any Ministry decision, pending appeal, because they felt that there is evidence the Ministry has already come to a conclusion on the case.Digicel argued that the Ministry officials, through sworn affidavits, stated that their opposition to Transact’s ILD service and also in a letter dated March 9, 2012 to BTC stating that they could not provide connectivity to Transact on the grounds that they opposed the service.Based on this evidence, Digicel argued that the Ministry had clear bias and if a decision was rendered that stopped them from offering the service until they could appeal, it would cause “considerable damage”.In court on Friday, Chief Justice also ruled that Digicel could seek judicial review of the March 9 letter.Both Digicel and the Ministry declined to comment on the ruling.