Local dentist Dr. David Dyer is moving ahead with plans to hire a non-Bermudian to help him with his practice.

Meanwhile, Bermuda Dental Board chairman Dr. Richard Cann is making no comment at the moment on what is believed to be an unprecedented ruling against a local professional body.

This week a Supreme Court judge quashed the Dental Board's decision to fail an English dentist in an examination which would have cleared the way for him to practice here.

Dr. Dyer had received a work permit to hire Dr. David Thompson and took his case to court when the examining committee gave him a failing grade for his practicals and did not give him a chance to resit the exam.

Puisne Judge Norma Wade-Miller ruled Tuesday the decision could not stand because there was an appearance of bias on the part of the Board and that the examiners' evaluation of his performance was riddled with "internal inconsistencies and contradictions".

Dr. Dyer said he was "most definitely" planning on going through the process again - including having Dr. Thompson sit the exam again - so he could hire Dr. Thompson whose work permit expires next February.

Dr. Thompson's lawyers had argued members of the Board were prejudiced against him and had made attempts to have his work permit revoked before he sat the exam.

A perennial dispute exists in the dental community over whether there is a shortage of dentists on the Island.

In recent years Dr. Dyer, a former Cabinet minister, has made several attempts to hire non-Bermudians, only to be turned down by the Dental Board.

This time around he ignored the Board and asked for and received permission in principle to hire a foreign dentist from the Immigration Ministry which subsequently granted him Dr. Thompson's work permit.

"For some reason the Dental Board got caught up in trying to overrule the Minister of Labour which is outside anybody's jurisdiction," Dr. Dyer said.

A letter written by one of the Dental Board members to the Minister of Health protesting the decision to have Dr. Thompson sit the exam was produced as evidence in court. The letter stated there were at least two Bermudians building local practices and Dr. Dyer's interest in bringing in Dr. Thompson was "to afford him a lifestyle that includes time at his home in the UK."

The Dental Board did not participate in the judicial review proceedings which ended this week.