Premier Dr. Ewart Brown's failed attempt to gag the media from printing further allegations about him from the BHC dossier gave a revealing insight into his views on the press.

His lawyer Charles Richardson's impassioned addresses to Judge Ian Kawaley – and his verbal sparring with newspaper lawyer Saul Froomkin QC – saw reporters in the public gallery gasping in shock.

Mr. Richardson acknowledged from the outset that Dr. Brown's personal gag bid against the media would be an "uphill task".

Bermuda's highest court of appeal, the Privy Council, ruled last Monday against a similar bid by the Attorney General (AG) and the Commissioner of Police (COP) to restrain publication of more from the file, which details an alleged $8 million corruption scandal at the BHC.

The General Election was called four days later.

The AG, the COP and now the Premier all allege that the original copy of the BHC dossier, which has gone missing from Police custody, has been stolen and leaked for political reasons.

Echoing comments made by the Premier at the weekend's Progressive Labour Party banquet, Mr. Richardson claimed in court that fresh publicity about the Police investigation – which concluded three years ago – is politically motivated.

"Just because someone is a public figure doesn't give licence to print defamatory allegations based on private information that we say is stolen ... I ask this question – why is this person in such a – why is this person in such a hurry to print? Why now? Why after all this time? ... What if this is a blatant attempt by the press to steal the next election?" he asked.

Until last week, virtually all of Bermuda's media were under an injunction from printing any further details from the documents pending the Privy Council decision.

On another occasion Mr. Richardson asked, if this was the case: "What if we wake up and find we've been duped?"

Mr. Justice Kawaley replied: "That's wonderful advocacy!"

Mr. Richardson: "I've said it and stand by it."

Mr. Justice Kawaley: "Your client did have something to do with when the election was called!"

Mr. Richardson's argument that the media should be banned from printing unpublished material relating to Dr. Brown was rejected by Mr. Justice Kawaley who said it would be for the Premier to argue that he had been defamed after publication by means of a libel action.

If the media operated under a constant threat of pre-publication bans, said the judge during the hearing: "The press would never publish anything. The courts would be acting as editors of media organisations."

This prompted Mr. Richardson to claim that the Mid-Ocean News and Royal Gazette had not displayed "responsible journalism" because they had not asked Dr. Brown for comment in advance on stories published about him on the BHC allegations.

Mr. Justice Kawaley asked if he was being asked to restrain the media: "Merely on the speculative basis that the media is not likely to act responsibly in the future?"

Mr. Richardson replied: "It's not happened thus far."

On behalf of Mid-Ocean News and The Royal Gazette newspapers, Mr. Froomkin complained that the court was being "treated as a circus".

He then passed to Mr. Richardson and the judge a copy of a Bermuda Sun article dated November 2 in which Dr. Brown was quoted as saying that now the Privy Council hearing had gone in favour of the media: "They should do it. Go for it. Print what you have."

Mr. Froomkin also handed the judge a transcript of an interview run on Hott 107.5 radio on June 2 where the Premier told presenter Thao Dill: "In most civilised societies, we just don't expose the contents of Police files. Having said that, I want to repeat - they can reveal anything they have in the file about me personally. I know that we are totally in the clear and have been exonerated after an investigation that apparently included Scotland Yard, the FBI and Homeland Security, so there was no issue there."

With his gag bid defeated, it remains to be seen whether the Premier will continue to pursue the libel and breach of confidence actions he has launched against the Mid Ocean News and Royal Gazette over reports and editorials on the BHC files.

Mr. Froomkin has previously told this newspaper that, if and when the case comes to court, the leaked BHC file could be revealed in full. Mr. Froomkin said if the court deemed it relevant and necessary to prove either side's case, it could compel the disclosure of the full dossier.

In one of the day's most fiery exchanges, Mr. Froomkin QC speculated: "If I was a betting man I would say this case will never go to trial and Ewart Brown will never go in the box and be cross-examined."

This caused Mr. Richardson to retort: "We're going all the way. They can say what they like at their own peril."