Stony silence has been the Bermuda Dental Board's response to a Human Rights Commission finding that it discriminated against an English dentist.

Now the dispute is heading for a public tribunal.

Last month the Human Rights Commission investigation found that the Board had discriminated against the dentist on account of his nationality.

It's the second finding against the Board over the same dispute.

Accepting the finding would have meant that a settlement would have had to be agreed between the Board and the dentist, David Thompson, who was prevented from working here despite having a work permit and a job waiting for him.

But the Board asked for more time to respond and after being given three extra weeks to accept or reject the decision, the Board's silence is being treated as a rejection and the matter is about to be referred to the Minister with a recommendation that it be settled by a Board of Enquiry.

Dr. Thompson's battle began when the Board refused to allow him to sit an examination which would have cleared the way for him to work here, saying the exam was only open to Bermudians.

Arguing that there was no such policy that examination applicants be Bermudian, Dr. Thompson's prospective employer, Dr. David Dyer, had to take the matter to Health Minister Nelson Bascome before the Board arranged the exam.

But Dr. Thompson was given a failing grade when he finally sat the examination and then refused to allow him to re-sit the exam, according to their own policy.

The Supreme Court later quashed the results of the exam in a judicial review, citing irrational contradictions in the marking and ruled that at least one of the examiners had been biased against the English dentist.

The Board refused to participate in the Supreme Court judicial review proceedings. Lawyers for Dr. Thompson also filed a discrimination complaint with the Human Rights Commission.

A number of dentists were interviewed during the ensuing investigation, as well as Health Minister Nelson Bascome.

The Commission found there was "insufficient evidence" to determine that the Minister had discriminated against the complainant.

"It would appear that the Board has discriminated against the complainant."

The Commission dismissed the Board's argument that it had been following a long established policy developed by a 1985 committee which disqualified Dr. Thompson, as a foreigner, from practising dentistry here.

"It is the view of the Commission that even if the Board believed it was following policy (which has not been adequately proven to the Commission) the Complainant was the holder of a valid work permit which should not have been questioned by the Respondents."

Chairman of the Dental Board, Dr. Richard Cann could not be reached for comment. Contacted in London Dr. Thompson said he was not surprised at the Board's silence, but he was willing to fight through to the end.

"I think it's important that we establish again the situation for what it is," he told The Royal Gazette.

"We have been up against a brick wall from start to finish. It's just another round and we'll stick through it to the end."

He said it was important that the Board be made accountable for its discrimination. "You cannot have a Government body discriminating against someone and not be accountable."

"They are being very silly," said Megan Lewin, Dr. Thompson's lawyer. "Because it's all going to be out in the public now and they will be exposed for what they are. I think they want to make us jump through all these hoops and we are willing to do that."

Asked what the ideal outcome would be for him, Dr. Thompson said : "I came to Bermuda to work and I had people running around trying to overturn my work permit while I was with a patient in another room. I fully intend to come to Bermuda and work for Dr. Dyer."