Big Macs were yesterday off the menu after the Island's final court of appeal rejected a bid to open a McDonald's in Bermuda.

But the legal team representing wannabe burger barons Grape Bay Ltd. could revisit London's Privy Council for seconds.

For it is understood they could use other grounds for a further hearing -- even though the bills for court actions so far are likely to have run to hundreds of thousands of dollars.

Last night, former United Bermuda Party MP Ann Cartwright DeCouto, who led the party's "Rebel Five'' in a three-year fight to keep an anti-burger law, welcomed news of the defeat.

She said: "I'm over the moon -- and for the naysayers, I hope they now realise that me and my friends knew what we were doing and that those who threatened and cajoled us were wrong and that, quite frankly, my grasp of the law was the real one.

"I don't know whether to laugh or cry -- this is the most wonderful vindication of my, and my friends', actions.

"It was a long and bitter fight -- but it was done in the best interests of Bermuda and as long as we keep Bermuda's long-term interests in the forefront of our minds, we can't go wrong, even if it means fighting to the end.'' Mrs. Cartwright DeCouto added: "The idea of McDonald's the length and breadth of Bermuda is out -- as are other restaurants of that ilk.'' Another party rebel, UBP backbencher Trevor Moniz, said: "It's a vindication -- it's been a long hard slog. But it's a shame that we have had to do this.

"If the correct decisions had been made at the time, we wouldn't be in this position of having to pass an Act of Parliament to protect the interests of the broader community.'' And he said polls showed "overwhelming support of 80 to 90 percent among Bermudians and tourists for our stand.'' Former UBP Premier Sir John Swan and Opposition Senate Leader Maxwell Burgess, who control the majority of shares in Grape Bay Ltd., have consistently refused to comment on the case.

But last night lawyers for Grape Bay Ltd. were plunged into gloom at the news.

The law lords of the Privy Council dismissed the Grape Bay Appeal to overturn a Bermuda Court of Appeal ruling blocking McDonald's -- although they will not issue their detailed reasons until later.

Lawyer Mark Diel, who with barrister Ronnie Myers represented Grape Bay in a marathon series of court appearances in Bermuda and London, said he was very sorry at the news.

Mr. Diel said: "I felt gutted -- it came as a surprise. I was very disappointed with the decision.'' The Grape Bay team argued in London that the anti-burger Prohibited Restaurants Act deprived their clients of property -- agreements and contracts -- with McDonald's and their agents.

Mr. Diel added: "Disappointed is an understatement, but that's it as far as the application in relation to property rights is concerned.'' And he pointed out: "We don't know the reasons yet, so it's a bit difficult to comment.

Privy Council's ruling is vindication for `Rebel Five' decision. I won't be able to discuss it with them fully until we see the reasons. But they are terribly disappointed at the decision.'' And he declined to comment on any further legal action -- although it is understood that a further appeal on Constitutional grounds involving the right to free association and freedom of expression could be possible.

But Mrs. Cartwright DeCouto and Mr. Moniz -- both lawyers -- dismissed any further prospect of appeals to the Privy Council.

Mrs. Cartwright DeCouto questioned whether a further appeal would be allowed and Mr. Moniz said, even if it was, it would be unlikely to succeed.

He said: "One can only assume the appellants took their best case to the Privy Council, If they want to go back with their second best case, I'm a bit dubious about that.'' The Prohibited Restaurants Act passed the House of Assembly in 1996, with the support of the then-Opposition Progressive Labour Party, but was blocked when the Senate used its powers to suspend it for a year -- although it was eventually signed into law.

Yesterday's decision upheld last year's Court of Appeal decision to uphold the controversial law.

That reversed an earlier Supreme Court decision that the Grape Bay contracts and agreements were property and entitled to protection under the Constitution.

Vindicated: Ann Cartwright DeCouto RESTAURANTS RES