The Broadcast Commission's ruling that the public be barred from a hearing into whether the Premier's February broadcast to the nation was in breach of regulations, was a "foregone conclusion", says VSB news director Chris Lodge.

Mr. Lodge initiated a request that the hearing be opened up and was joined by The Royal Gazette and the Bermuda Broadcasting Company.

Government argued against an open hearing during a three hour session at the beginning of the month.

The Opposition United Bermuda Party (UBP) supported public access to the hearing, The Royal Gazette understands.

But the Commission ruled that the public be kept out and issued its reasons for the decision this week.

"I'm actually disappointed but not surprised," said Mr. Lodge. "This is a Commission appointed by the Government and when Government's top legal adviser, Dame Lois Browne Evans is brought in to argue against opening up a hearing to the public then it is a foregone conclusion."

He added: "We will keep up our efforts to keep the public informed as best as possible despite our now limited access to the hearings."

Among the Commission's reasons for denying public access were that the arguments could be misconstrued by the media, that the parties would be less likely to play to the gallery and instead make to the point submissions and that the public interest was not significant enough to justify opening up the hearing.

"It seems to me they drew the line in the wrong place," said former newspaper editor Tom Vesey. "This is as significant as anything.

"Presumably the rules of what's a political broadcast is of relevance to the public and that's what this is all about."

Mr. Vesey, who also opposes secrecy of Corporation of Hamilton and St. George's meetings, said that politicians can play to the gallery anytime they want and the Broadcast Commission cannot stop them.

"You could make the same argument about the House of Assembly or criminal courts or anything that's open to the public. That's what political parties do - play to the gallery.

He added that, while he disagreed with the reasons given for the decision, the Broadcast Commission did at least give it some thought and did not close the door to open hearings in the future.

Attorney General Dame Lois Browne Evans could not be reached for comment. A date for the hearing itself has not been set yet as other preliminary issues have to be sorted out.