The public had a right to know the contents of a leaked Police dossier on the Bermuda Housing Corporation scandal which makes serious allegations about public figures, it was argued in Supreme Court this afternoon.

Saul Froomkin, QC, is defending Bermuda Press Holdings – the publishers of The Royal Gazette and its sister paper the Mid-Ocean news – against attempts by the Police Commissioner and Attorney General to gag the media from airing further revelations from the secret file.

Mr. Froomkin rejected allegations made by Commissioner George Jackson and Attorney General Philip Perinchief that the report was stolen and a breach of confidence was committed when ZBM news and the Mid-Ocean News reported on it recently.

However, he said, even if the file were deemed to be confidential: “There is confidential information which the public may have a right to receive and others, in particular the press, may have a right and even a duty to publish even if the information has been unlawfully obtained in flagrant breach of confidence and irrespective of the motive of the informer”.

The Royal Gazette has been advised not to carry details of the reports for legal reasons.

This morning in court it was revealed that the dossier in question has gone missing. In an affidavit, Mr. Jackson said although copies of the top-secret documents have been recovered, the whereabouts of the original is unknown. An international investigation into the leak has been launched.

In addition to Bermuda Press Holdings, the Bermuda Broadcasting Company, Defontes Television Centre and the Bermuda Sun are also named as defendants in the court case and are contesting the injunction.

Asking Chief Justice Richard Ground to gag the organisations from publishing further information from the dossier not already in the public domain, Delroy Duncan, lawyer for the Commissioner and Attorney General, argued this could undermine public confidence in the Police. He further argued that those figures put in the spotlight by the media reports have not had chance to respond to comments made about them in the Police file, it is alleged that at least two of the defendants have handled stolen goods in receiving the documents, and publication cannot be justified with the reason that it is in the public interest.

“Making money is not a good enough reason. Selling papers is not good enough reason. Sensationalising is not a good enough reason,” argued Mr. Duncan.

See tomorrow's Royal Gazette for full coverage.