Premier Dr. Ewart Brown will not appeal yesterday's decision by a judge to reject his personal bid to muzzle the press — but last night he pledged to fight a libel action with "both determination and resolve".

Dr. Brown, who unsuccessfully applied to the Supreme Court for a temporary gag order to stop the media publishing more allegations from a leaked Police file on Bermuda Housing Corporation, said in a statement he would respect Puisne Judge Ian Kawaley's dismissal of his case.

But he added: "I am irrevocably committed to the goal of pursuing, to the fullest extent of the law, the legal action I have taken seeking substantial redress for libel. I will meet this challenge with both determination and resolve."

The Premier, who is suing The Royal Gazette and its sister paper the Mid-Ocean News for defamation over various articles on the BHC scandal, revealed that he has never seen the documents in the leaked Police dossier.

"I have no idea what they contain," he said. "I know only that some of the material must, from the descriptions which have already been placed on the public record, be purely private (whether to me or anyone else) and that there can be no legitimate public interest in the contents of any such material.

"Because of the fact that the "Because of the fact that the information is unproven in a court of law or otherwise, it is clearly hearsay, gossip, idle speculation, innuendo or worse."

He said his civil application to the court was made in an attempt to restrain the media from "further publishing uncorroborated defamatory information about me" contained in the file.

"I have decided to accept the court's decision and will make no further legal attempt to obtain an injunction," he said.

"Contrary to attempts made in some of the media to suggest otherwise, none of the action taken by me in recent weeks has been designed to diminish the role, rights and responsibilities of a 'free press' within our community or to disrespect the right of 'freedom of expression'.

"I have fought throughout my life for the fundamental freedoms safeguarded by our constitution and by customary international law."

Dr. Brown added: "An independent judiciary is fundamental to the integrity of any modern democratic society. It has been suggested that my legal efforts, based entirely on principle, to ensure that the media accord me — and indeed every Bermudian — fairness and responsibility, may have been some political ploy or pre-election gambit. Nothing is further from the truth.

"I continue to believe that there is something fundamentally wrong with the press being allowed, without giving fair and due notice to the person(s) affected, to publish confidential material arising from a closed investigation and contained in the stolen police file of that investigation — indeed, material that even the person affected has never seen.

"However, I, as every other law-abiding citizen, must accept and respect the ruling of the judiciary, which did not grant injunctive relief."

He said he understood that Mr. Justice Kawaley had reminded the print media of its duty to practice "responsible journalism".

"It is my hope, for myself, my colleagues, and the citizens of Bermuda, that they are prepared to heed his gratuitous advice," he said.