A couple accused of discriminating against a white customer at their store failed to attend a Human Rights Commission hearing into the complaint “because they didn’t have to be there”.

Last week a HRC tribunal heard evidence relating to allegations that Carmon and Belinda Cyrus, who run the Bermuda School Uniforms store on Union Street in Hamilton, discriminated against Canadian mother-of-two Caroline Burchall after she attempted to buy clothing at the store in September, 2012.

Ms Burchall testified at the hearing, claiming that Mrs Cyrus hurled “a barrage of insults” at her during one visit.

However, the respondents did not show up at the tribunal to give their version of events, prompting some commentators to suggest that a Royal Gazette article covering the hearing was unbalanced and only told “one side of the story”.

And in radio and television interviews on Thursday, Mr Cyrus claimed he was denied an opportunity to tell his side of the story, saying he was told he could submit a letter to the HRC, but that he wanted to know what accusations were being made against him and his wife.

But according to tribunal chairman Richard Horseman, Mr and Mrs Cyrus were invited to attend the hearing.

Addressing fellow members of the panel at the start of Wednesday’s tribunal, Mr Horseman noted the absence of the respondents and added: “The order for directions was served at the place of business and Mr Carmon Cyrus accepted service.

“We understand that Mr Cyrus had called in yesterday and we are satisfied that the respondents have had notice of this hearing. This hearing will proceed in their absence.”

When approached by The Royal Gazette yesterday, Mr Cyrus initially said he was not prepared to comment on the case.

But when asked why he had not attended the hearing, he replied: “We didn’t have to be there.”

The Royal Gazette’s report on the hearing also prompted some commentators to question why the hearing had been open to the public and media.

“The other thing that should be concerning to all is that H[uman] R[ights] deliberations are supposed to be strictly confidential, yet this case found its way to The Royal Gazette. I wonder how Minister Fahy will lie his way out of this one,” one poster wrote.

A HRC spokesman subsequently confirmed that, while investigations and any mediation are “confidentially conducted”, a tribunal will hold a public hearing if mediation is not successful.

The spokesman added: “To be clear, any tribunal is an independent group of three commissioners, appointed by the chair, who are statutorily charged to determine whether the Human Rights Act 1981 has been breached, and if so, what damages and orders are appropriate.

“The tribunal’s orders are enforceable through the Supreme Court.

“All tribunal hearings are public unless a party makes an application for a private hearing. Any such application is heard on its individual merits.

“At any time, anyone, including the media, can request the list of matters scheduled for public hearing.

“This list will only include those matters which have the date, venue and time confirmed for the hearing of the matter.”

Information can be obtained by calling the Office of the Human Rights Commission at 295-5859 or e-mailing humanrights@gov.bm.