Defendant appealed the decision of the Appeals Panel sustaining the violation of R.I.G.L. § 31-27-2.1 (refusal to submit to a chemical test). Defendant argues that he was not given an opportunity to make a confidential phone call. However, the officer testified that the defendant was afforded the right to make a confidential phone call, but asked the officer to enter the room to answer the questions of the person defendant was talking to. The Court held that only the finder of fact may assess the credibility of the witnesses and, accordingly, affirmed the decision of the trial court sustaining the charges against the defendant