A Supreme Court judge yesterday refused to step into a dispute between the Ministry of Telecommunications and the Bermuda Digital Company over an Internet service run by BDC?s Cellular One.

In a Supreme Court hearing yesterday, BDC?s lawyer Jan Woloniecki said the Telecommunications Department had acted ?arrogantly and improperly? when it forced Cellular One to disconnect Internet equipment which it said it was not covered by the company?s licence.

Mr. Woloniecki wanted a search warrant issued by Senior Magistrate Archibald Warner on Friday, May 20 quashed.

The Department of Telecommunications used the warrant to enter a BDC Reid Street shop, known as Cellular One, to disconnect its high speed Internet access known as ?The Bull?.

?It is as plain as a pikestaff the licence allows Internet service,? Mr. Woloniecki argued. ?The Telecommunications Ministry tried to shut down my client?s business. They did so arrogantly and improperly. They turned up with Policemen and threatened employees with arrest unless they shut off equipment.?

But yesterday counsel from the Attorney General?s Chambers Melvin Douglas said this matter is currently under investigation by the Telecommunications Commission and that no decision should be made on it until the commission makes a recommendation to the Minister and the Minister makes a decision.

Puisne Judge Carlisle Greaves agreed saying it appeared Cellular One was trying to ?put in pre-emptive strike against the matter? without waiting for the decision of the commission and the Minister.

?We are not seeking to strike against the Minister,? Mr. Woloniecki retorted. ?The Department made a strike against us by involving criminal law.?

However, all parties agreed to adjourn the case, which Mr. Justice Greaves did until further notice.

Should Telecommunications Minister Michael Scott ultimately decide ?The Bull? is illegal under Cellular One?s Class-B telecommunications licence, more legal actions will likely follow, however.

Mr. Woloniecki said if the Minister made that decision, he would appeal it in Supreme Court.

?I can confirm that, in the event, the Minister decides that the high-speed Internet service which BDC is currently providing is not within the scope of its licence, BDC will appeal that decision to the Supreme Court pursuant to section 60 of the Telecommunications Act 1986,? he said after the hearing was adjourned.

While Former Director of the Department of Public Prosecutions Kulandra Ratneser indicated if such is the decision of the Minister, the DPP could be asked to bring criminal charges against BDC.

The case had already been in Supreme Court on Monday, May 23, when the application for judicial review was granted and all proceedings taken under the search warrant were stayed.

That same day, Cellular One?s Internet service was switched back on.