Barbara Gayle, Justice Coordinator

Telecommunications provider Digicel will be going to the Supreme Court today to apply for leave to go the Court of Appeal to challenge yesterday’s ruling in favour of the Office of Utilities Regulation (OUR).

Digicel wanted an injunction to stay the implementation of new call rates set by the OUR.

It also wanted leave to go to the Judicial Review Court to challenge the OUR.
But Justice Ingrid Mangatal threw out both applications.

The parties will return to court today when Michael Hylton, QC, who is representing Digicel, will apply for leave to take the issue to the Court of Appeal.

Following recent amendments to the Telecoms Act, the OUR announced interim mobile termination rate of $5 per minute for incoming domestic and international telephone calls effective July 15.

Digicel is maintaining that the OUR did not follow due process in setting the rate.

It is further contending that the move by the OUR to set mobile termination rates is unconstitutional and contrary to the common law right of natural justice.

barbara.gayle@gleanerjm.com