Bermudian status concluded yesterday.

And Dr. Barry Whalley must now wait for Chief Justice the Hon. Sir James Astwood to decide whether he is Bermudian.

Dr. Whalley believed he kept his status while serving the World Health Organisation abroad for nearly 17 years. He said he was encouraged to do the job by the Bermuda Government.

Government later decided that because Dr. Whalley had spent seven years as an "ordinary resident'' of other countries he had lost his status.

Solicitor General Mr. Barrie Meade said the constitution did not define Bermudian status.

"There are ways to obtain Bermudian status and their are ways to lose it. The connection must be between the person and the place that person was born,'' Mr. Meade said.

"Although place of origin is relevant, the overriding issue is the question of ordinary residence. Whether or not he was an ordinary resident is a question of fact.

"This is not a domicile case. He is not a resident in Bermuda but elsewhere.'' Mr. Meade said the visits made by Dr. Whalley, two or three times a year, did not constitute ordinary residence.

"People should be able to go away and expand their professional ability and return back and contribute. Dr. Whalley was not an ordinary resident in Bermuda for the past 17 years.

"He ceases to have Bermudian status. His visits back to Bermuda were not long enough for each year. Regretfully Dr. Whalley's status has ceased to exist.'' Mr. Narinder Hargun, representing Dr. Whalley, said: "Once status is granted or acquired then one is placed on an equal plain. You cannot take away status.

If it is not a good idea for people to leave for more than seven years, then so be it.

"I agree with the Solicitor General that this has absolutely nothing to do with domicile.''