Log In

Reset Password

Privy council may hear tape appeal

in London with his case regarding publication of the Dexter Dillas tape transcripts.The third transcript was printed by The Royal Gazette yesterday, the day after the Court of Appeal quashed a Supreme Court injunction stopping publication.

in London with his case regarding publication of the Dexter Dillas tape transcripts.

The third transcript was printed by The Royal Gazette yesterday, the day after the Court of Appeal quashed a Supreme Court injunction stopping publication.

Through the injunction, Mr. Hall stopped the paper from publishing the third transcript of tapes used to convict Dillas for his role in a multi-million-dollar drug smuggling ring.

Yesterday Mr. Hall's lawyer Mr. Nicholas Hoskins asked the Court of Appeal for leave to appeal to the Privy Council against Wednesday's decision to quash the injunction.

The case was of public importance, said Mr. Hoskins.

Mr. Kieron Unwin -- representing The Royal Gazette Ltd., Editor Mr. David L.

White and Bermuda Press (Holdings) Ltd. -- opposed the application on the ground that the court should wait until its full reasons had been handed down.

But the Hon Mr. Justice Georges, one of the three Appeal judges, said the matter was arguable. It was of public importance, involving the freedom of the press.

And the Hon. Mr. Justice Huggins said the case went to the root of qualified privilege -- the legal protection under which the paper argued it could publish the transcript.

Mr. Unwin told the court a difficulty was that his clients were in the middle of a defamation action in Supreme Court.

Mr. Justice Georges replied that the action could well be considerably shortened in its argument by the decision in this case.

It could be better to wait and hear what the Privy Council said, he added. If it overturned the Court of Appeal then the paper would probably not have a defence, he said.

Mr. Unwin said the paper had been proceeding on the basis that the Court of Appeal was going to decide the matter finally. Now the case seemed to be going further.

Tape appeal But he admitted the paper would probably have taken the case to the Privy Council too, if it had lost on Wednesday.

Mr. Hall will now have to satisfy formalities by the next Appeal Court session in November before getting final leave to go to the Privy Council.

Legal sources said a decision could take a year to come from the Privy Council.