A Supreme Court judge yesterday retired to deliberate on a civil suit in which cellular towers are alleged to be health risks.

Puisne Judge Philip Storr heard closing arguments from lawyers involved in a week-long hearing during which Bermuda Digital Communications Ltd. made a last ditch effort to retain its lease on land at the Fairmont Southampton Princess, where it maintains one of its cellular base stations.

Residents there at Faraway, an on-site housing complex for hotel employees and their families, have been complaining about the tower's construction and presence since early last year.

Letters were sent by residents to Fairmont Southampton Princess general manager Norman Mastalir outlining their concerns that radiation emissions from the tower were damaging for those constantly exposed to them.

As a result, West End Properties Ltd., a subsidiary of the Canadian Pacific hotel, notified BDC of a termination of their lease.

In this recent court action, the telecommunications company has attempted to convince Mr. Storr that such action is unjustified due to the fact that "overwhelming scientific evidence'' suggests cellular towers are safe.

In BDC lawyer Narinder Hargun's case, expert radio biologist Professor John Moulder and physics expert Dr. Christopher David took the stand in an attempt to prove just this.

But West End Properties Ltd. attorney Jai Pachai replied with testimonies from Faraway residents, who remain firm in their beliefs that the cellular tower near their homes poses a danger to them and their families.

Also questioned was the leader of the group Commmunity Against Radiation Emissions (CARE) which threatened the hotel chain Canadian Pacific with adverse publicity if it allowed the cellular tower to remain.

Another to give evidence was Mr. Mastalir, who said that, while he stood by his employees' concerns about the cellular tower, he hoped a "resolution to suit all parties'' could be met in settling the matter.

Also, scientist Dr. David Carpenter took the stand and presented his opinion that cellular towers are possible health risks and that the residents concerns should be taken seriously.