Members of the legal community said Premier Dr. Ewart Brown and former Minister Nelson Bascome have the right to sue the Island’s media organisations for libel and slander over allegations from a leaked Police dossier on the Bermuda Housing Corporation (BHC) scandal.

Two writs were filed at the Supreme Court Register shortly before 10 a.m. yesterday as the Police Commissioner and Attorney General began an appeal to overturn Monday’s ruling by the Chief Justice that the media should not be gagged from reporting more from the leaked file.

The first writ, the 159th to be filed in 2007, stated: “Ewart F. Brown vs. 1) Bermuda Broadcasting Company 2) Bermuda Press (Holdings) Ltd. 3) DeFontes Broadcasting Company Ltd. 4) Bermuda Sun Limited.” Lawyer Charles Richardson is representing the Premier.

The second writ stated: Nelson Blake Bascome vs. 1) Bermuda Broadcasting Company 2) Bermuda Press (Holdings) Ltd. 3) DeFontes Broadcasting Company Ltd. 4) Bermuda Sun Limited.”

Mr. Bascome was formerly the Health Minister and he is being represented by Victoria Pearman.

Mr. Richardson said neither he nor Ms Pearman would comment on the writs.

Yesterday, lawyers said the Premier and former Minister should be allowed to pursue their legal options like anyone else, but some commented that a libel trial could prove to be very interesting because the politicians could have to take the stand.

Prominent lawyer Timothy Marshall said: “I don’t have any recollection of a politician doing this before in Bermuda but the case law permits any individual, regardless of their position, to vindicate their reputation.

“The Premier has all the rights as any other citizen. I am all for people using the institutions that are there to serve the public to explore their rights.

“That includes people that feel their reputation has been damaged and the press who feel the public has a right to know.”

Mr. Marshall said as long as the questions were relevant to the libel issue the Premier and Minster could be asked a wide range of questions if the issue reached trial. While defence lawyer Mark Pettingill, who is also standing for Parliament for the United Bermuda Party, said he believed the move was “unprecedented” in Bermuda. He explained that to libel someone was to “cause someone to be lowered in the minds of right thinking people” and said lawyers in libel cases would be able to question the Premier about different aspects of the allegations from the leaked dossier.

He too agreed that the Premier should be able to exercise his legal rights: “This has been issued by him as a private citizen not as the Premier and if he feels he has been libelled he should be able to take action like anyone else.’’

Shadow Minister of Justice John Barritt said: “I am always careful not to comment on matters of cases before a court.

“But having said that I think the issue of these writs are pretty transparent coming as they did on the heels of a hearing on an injunction to gag the press.

“In a defamation case truth is a defence and the truth is what the people of this country want to know and that is why we think a Royal Commission is the best option for this — but they are entitled to pursue their legal options.”

Another lawyer, who would not be named, said the move was “interesting but not overly surprising”.

He added: “It appears they are trying to suppress the information from getting out there but by suing for libel the information will get out. It is open season in that way he could be asked if he did x or y. It makes no sense.”

Speaking on the Premier’s decision to file the writ he said: “It is unprecedented but then again these types of accusations have not been made against a Premier before.”

The writs come after The Royal Gazette’s sister paper The Mid-Ocean News ran a story from a leaked Police dossier centring on allegations of corruption at the Bermuda Housing Corporation.

The documents reportedly revealed that Premier Ewart Brown, former Premier Jennifer Smith and former Ministers Nelson Bascome, Renée Webb and Arthur Hodgson were all investigated by fraud squad officers looking into the BHC allegations.

Since the investigation into the BHC corruption — which is believed to have cost the taxpayer $8 million — one person has been jailed. Terence Smith, a BHC officer, was found guilty and jailed last year on 41 counts of fraud.