May 23

ZBM news broadcasts a report which implies they obtained documents from the Police investigation of the BHC.

June 1

The Mid-Ocean News carries further and extensive revelations based upon documents from the same investigation.

June 7

The Commissioner of Police and Attorney General apply for an injunction to stop the media reporting more from the secret files.

June 13 and 14

Chief Justice Richard Ground hears submissions at Supreme Court from Delroy Duncan, acting for the Commissioner and AG, and Saul Froomkin QC, representing this newspaper and sister paper the Mid-Ocean News.

Mr. Duncan alleges that the Police report was stolen, and argues that a breach of confidence was committed when it was reported on. He says court action to silence the media is necessary as Police fear further disclosure of “sensitive” material from the documents that could shake public confidence in the service.

Mr. Froomkin argues that legal precedent shows gagging orders should not be made “when to do so would be to cover up wrongdoings”. He says of the Mid-Ocean News report: “The publication concerns allegations of gross misconduct by the leaders of this country. Those are the allegations contained, citing documents and individuals. If that’s not alleged iniquity, I don’t know what is. The public had, and has, a right to know.”

June 18

Mr. Justice Ground rules that a reporting ban would be wrong, as the balance between protecting the confidential Police file and upholding the constitutional right of the press to report serious allegations favours the latter in this case.

He says: “The (BHC) allegations are not gratuitous, in that there is some evidence to support them, as set out in the material so far reported. Nor do the allegations concern the private personal life of those concerned. They touch upon their conduct in office. In those circumstances I think that the public interest is genuinely engaged, and this is not a case of the public being officiously interested in matters which do not concern them. I think, therefore, that the balance comes down firmly against restraining the media’s freedom (of) expression.”

He awards legal costs to the media. Mr. Duncan announces that he wishes to appeal the ruling, and Mr. Justice Ground gives permission for this.

June 19 and 20

The Court of Appeal hears Mr. Duncan argue that Mr. Justice Ground’s decision was wrong.

June 25

The Court of Appeal upholds the Chief Justice’s decision, reserving its reasons for a later date. Mr. Duncan announces that he wishes to appeal the matter before the Privy Council in London, the highest court possible.

It is revealed that the Privy Council is poised to hear legal arguments straight away, with a lawyer hired by Mr. Duncan to press the case. However, President Justice Edward Zacca deems this unnecessary and sets a court date this morning for the matter to be heard.

In the meantime, he orders that Bermuda’s broadcasting organisations and the Bermuda Sun should not report further material from the dossier until the matter is decided. The Mid-Ocean News and The Royal Gazette agree to extend a previous undertaking made not to do.

The Court of Appeal awards costs to the media. Bill Zuill, editor of The Royal Gazette, later says these are in the tens of thousands of dollars although not yet fully quantified.

Yesterday

The Court of Appeal gives the AG and Police Commissioner leave to appeal to the Privy Council, the ultimate judiciary for British overseas territories. The panel - President Justice Edward Zacca, Sir Austin Ward and Gerald Nazareth - also gives its reasons for upholding Mr. Justice Ground’s June 18 decision.

The three judges said he correctly balanced two competing public interests - the right to confidence and the need to protect the integrity of Police investigations against the freedom of the press. “We are unable to say that the learned Chief Justice wrongly exercised his discretion,” they concluded, awarding costs against the Government.