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Whalley decidion `Has no effect'

no bearing on other similar cases.That is Government's verdict on the case of ex-Chief Medical Officer Dr. Barry Whalley.Labour Minister the Hon. Irving Pearman said the Dr. Whalley case was a one-off.

no bearing on other similar cases.

That is Government's verdict on the case of ex-Chief Medical Officer Dr. Barry Whalley.

Labour Minister the Hon. Irving Pearman said the Dr. Whalley case was a one-off.

"The court judgement will have no effect beyond the case itself,'' he said in statement released late yesterday.

Dr. Whalley lost his status after working abroad -- including Trinidad, Venezuela and the Bahamas -- for more than five years.

But he took Government to Supreme Court, and last month Chief Justice the Hon.

Sir James Astwood ruled in his favour.

Sir James stated: "Bermudians, like anyone else, have the right to come and go as they please, once they are Bermudians.'' Yesterday Mr. Pearman said the court case centred around a section of the Bermuda Immigration and Protection Act.

This caused a person to lose status through "ordinary residence abroad'' for a number of years.

"The Chief Justice ruled on the question of Dr. Whalley's ordinary residence.

"The issue of ordinary residence is a matter of fact in each particular instance and, therefore, the judgement in Dr. Whalley's case is not necessarily applicable to any other case.'' Mr. Pearman said Dr. Whalley's lawyers had also argued the contentious section of the Act clashed with Bermuda's Constitution.

"The Chief Justice, however, did not rule on this issue.''