Attempts by the authorities to gag the media over a leaked Police dossier making serious allegations about public officials is “a dangerously retrograde step and an affront to the values of openness and honesty that Bermudians hold so dearly,” the Supreme Court heard. Tony McWilliam, editor of the Bermuda Sun, made the remarks as the Island’s media organisations united to oppose moves to block reporting on the Bermuda Housing Corporation probe.

Bermuda Press Holdings — publishers of this newspaper and sister paper the Mid-Ocean News — the Bermuda Broadcasting Company and Defontes Broadcasting are also contesting the injunction.

Police Commissioner George Jackson and Attorney General Philip Perinchief launched court action after ZBM news and the Mid-Ocean News carried reports on the secret file, which is said to run to thousands of pages of interviews, e-mails and bank statements.

The court has heard the original copy of the dossier has gone missing, and the Police have launched an international criminal investigation to find the mole.

According to a statement by Deputy Police Commissioner Roseanda Young: “The excerpts from the Police files which have been released in the public domain represent only a fraction of the contents of the documents which have been stolen”.

Mrs. Young said if the gagging order is not granted: “I fear that more confidential, and possibly unsubstantiated information will be released into the public domain. This will have the effect of undermining confidence in the Police service in the eyes of the public.”

The contents of the un-published sections of the dossier have not been revealed during the court hearing. However, the portions already printed by the Mid-Ocean News reportedly revealed that Premier Ewart Brown, former Premier Jennifer Smith and former Ministers Renee Webb and Arthur Hodgson were all investigated by Police looking into the BHC allegations. Construction boss Zane DeSilva was another prominent person investigated as part of the probe into allegations of corruption at the BHC, the documents reportedly showed.

When the investigation finished in 2004, then acting Director of Public Prosecutions Kulandra Ratneser said many of those investigated could only be accused of bad ethics. Mr. Ratneser also said some of the people investigated escaped prosecution due to Bermuda’s antiquated corruption laws.

Since the BHC scandal - which is believed to have cost the taxpayer $8 million - one person has been convicted. Terrence Smith, a BHC officer, was found guilty and jailed last year on 41 counts of fraud.

Lawyer Delroy Duncan, acting for the Commissioner and Attorney General, has alleged a breach of confidence occurred when the Police dossier was leaked. He has told the court he believes the defendants intend to use more from the documents to “malign public figures”. Mr. Duncan has also alleged that at least two of the defendants have handled stolen goods in receiving the documents and those named in the documents have not had chance to defend themselves against the allegations.

In his statement arguing for freedom of the press, Mr. McWilliam said his newspaper “strongly believe (sic) that serious allegations involving public officials - regardless of whether they relate to contemporary events or events that took place years ago - should be fully aired in public. The Bermuda Sun has no knowledge of how other media obtained its information; but in this instance the Bermuda Sun believes that the public’s right to know about the questionable actions of elected officials far outweighs any concerns about any possible breaches of confidence.

“Irrespective of whether or not any crimes were committed by public officials, the Bermudian public has an immutable right to know what happened, who was involved and whether or not the legal and administrative apparatus of their country held to account anyone who might have abused their public office.

“As a journalist, I am dismayed and disappointed that the Police and Attorney General are attempting to block the publication of this material. The Bermuda Sun respectfully suggests that the country’s interests would (be) better served if their efforts were focused on finding answers to the public’s innumerable questions about the issues raised by the Police investigation and determining whether or not systems are in place to prevent any reoccurrence of the kind of events that have shaken public confidence in the integrity of our public institutions.”

Mr. McWilliam said his newspaper is not in possession of the confidential files and has not seen them.

Earlier in the court proceedings Saul Froomkin QC, acting for Bermuda Press Holdings, argued that gagging orders should not be made “when to do so would be to cover up wrongdoings”. He also stressed that there was no evidence the Mid-Ocean News has engaged in any “unlawful or criminal or illegal activity”.

Mr. Justice Ground said he regarded the case as “difficult and important” with “big issues at stake”. He will deliver his judgment on Monday morning.