The controversial Niobe Corinthian casino ship will set sail from Bermuda for the first time tomorrow, according to lawyer Llewellyn Peniston.

Mr. Peniston, who acts for the owners of the vessel, said legal loopholes have been found that will allow it to be used as a casino outside the Island's territorial waters — despite the recent high-profile prosecution of its captain and general manager. A vocal opponent of Bermuda's anti-gambling laws, Mr. Peniston acknowledged the inaugural voyage is likely to spark fresh criticism from Bermuda's church lobby, which has voiced opposition to the ship in the past.

When plans to operate from Bermuda first come to light in 2004, the Social Action Committee of the AME Church said it deplored what it felt was "a brazen attempt by casino vessel backers to get around the law and introduce casino gambling to Bermuda".

The church statement added: "People ought to be more incensed about a blatant attempt to flout the law and allow another highly addictive activity to run free, an activity that has shown to have damaging consequences for society."

Yesterday, Rev. Lorne Bean confirmed that the church stance remains unchanged.

Also speaking out was Progressive Labour Party backbencher Alex Scott, who opposed the Niobe Corinthian's plans while he was Premier. He labelled the news as "a regrettable development" for the Island. "There will be those who will use their rent money, they will use their children's tuition money, they will use many different cash reserves to just take a chance and the Government ends up with the social problems. It may be a free country but we also have to be a responsible community," he said.

However, Mr. Peniston told The Royal Gazette: "We live in a democracy... I have said before that whilst I do not gamble, others have a right to pursue their interest in a free and democratic society. We have to consider the church's opposition against the background that there currently operates in Bermuda on a daily basis in everybody's face a variety of legalised gambling."

Mr. Peniston has in the past listed games such as Bingo and Crown and Anchor at Cup Match as evidence of this. Although gaming machines are banned from the Island, he claimed the Niobe Corinthian can legally operate as a casino from 12 miles offshore, the limit of Bermuda's territorial waters.

He explained the 196-foot vessel will be kitted out with gaming machines imported into Bermuda prior to the enactment of the Gaming Machines Act 2004 that bans them from the Island. This, he claimed, means the law against importing such machines will not be breached when the Niobe Corinthian comes in and out of Bermuda.

It was the Gaming Machines Act that sparked legal proceedings against Captain Fermin Alfonso Reyes, from Panama, and manager George Kezas, from St. George's, when the ship sailed into Bermuda last summer with 100 gaming machines on board. Police and Customs officers raided the ship in August shortly after her arrival and seized the machines. The pair was convicted by Magistrate Khamisi Tokunbo in July after a lengthy trial. Reyes was fined $15,000 and Kezas' sentence is pending because the pair have launched appeals against their convictions. Captain Reyes has since returned to Panama, and a new captain of the vessel has been appointed according to Mr. Peniston.

The lawyer declined during his evidence to the trial to identify the individuals behind the company Estrellas Limited British Virgin Islands which owns the ship. However, what he would only describe as "an agreement" has been thrashed out between them and Government regarding the duty the ship must pay each time it arrives back in Bermuda. With this in place, he said, the vessel effectively has the green light to set sail on Saturday afternoon from Marginal Wharf in St. David's, where she has been moored since last summer's raid. Around 100 to 150 guests are expected.

"The cruise will largely be for introductory purposes. They will have the opportunity to avail themselves of cocktails and hors d'oeuvres and see what the ship has to offer. It has a multiplicity of entertainment facilities on board," said Mr. Peniston, listing these as including Roulette, Crown and Anchor and Blackjack.

Although he could not give details of future voyages after tomorrow, he told The Royal Gazette it was anticipated that regular excursions would begin shortly.

Premier Ewart Brown declined a request for comment.