Premier Dr. Ewart Brown and former Government Minister Nelson Bascome are suing the Island’s media organisations for libel and slander over revelations from a leaked Police dossier on the Bermuda Housing Corporation scandal.

The writs were filed at Supreme Court yesterday morning, minutes before the Police Commissioner and Attorney General mounted an appeal against Monday’s ruling by the Chief Justice that the media should not be gagged from further reports on the leaked file.

Lawyers Charles Richardson, representing Dr. Brown, and Victoria Pearman, representing Mr. Bascome, asked the Court of Appeal at 10 a.m to halt the appeal until their clients’ libel action — launched at 9.52 a.m according to Ms Pearman — was heard at Supreme Court.

The Premier and Mr. Bascome are suing the same media organisations subjected to attempts by the Police Commissioner George Jackson and Attorney General Philip Perinchief to stop them publishing further extracts.

They are the Bermuda Broadcasting Corporation, Bermuda Press Holdings — publishers of this newspaper and sister paper the Mid-Ocean News — DeFontes Broadcasting Company and the Bermuda Sun.

Mr. Jackson and Mr. Perinchief launched court action against the media after ZBM and the Mid-Ocean News published extracts from the documents on May 23 and June 1 respectively. They sought to halt publication of fresh material from the file, although it was not outlined what this was during the court proceedings.

Mr. Justice Ground turned down the application on Monday, saying that the freedom of the media to publish the material should be given greater weight than the concern that it came from confidential Police files.

Mr. Richardson and Ms Pearman argued that further potentially damaging allegations against their clients could emerge if the appeals justices uphold the Chief Justice’s ruling.

Mr. Bascome appeared at Magistrates’ Court last week charged with stealing more than $75,000 through business dealings. He also faces a separate charge of corruption involving securing public housing for a business associate during his spell as Minister with responsibility for housing. He denies both accusations and will face trial at a later date.

Ms Pearman submitted to the appeals justices that it could be impossible for her client to have a fair trial “if scurrilous and inflammatory and defamatory material” is leaked in relation to him, should Mr. Justice Ground’s ruling be upheld.

Mr. Richardson also expressed fear on behalf of Dr. Brown that media organisations are in possession of further material from the Police probe. “If more is published, the damage could be irreparable on a grand scale,” he warned the court. Lawyers for the media organisations argued that the libel action in the court below was irrelevant to the Court of Appeal examination of Mr. Justice Ground’s ruling on the gag. They also argued that the writ could have been issued before yesterday.

“It appears to be a ploy to hold up the proceedings today,” claimed Richard Horseman, representing the Bermuda Broadcasting Company.

President Justice Edward Zacca ordered the appeal should continue despite the arguments from Ms Pearman and Mr. Richardson. The Royal Gazette approached Ms Pearman and Mr. Richardson outside court in a bid to clarify the grounds upon which the writs were filed; when papers are likely to be served on the media organisations; when the libel hearing is likely to be heard; and why they chose to file the writs at the time they did.

Mr. Richardson would not allow the reporter to request the information, stating that “we’re not even entertaining questions”, and explaining that this was because “you will print ‘no comment’ if you ask”.

The appeal case continues.