May 23, 2007

ZBM news broadcasts a report implying that they have obtained documents from the Police investigation into allegations of corruption at the Bermuda Housing Corporation.

June 1

A. M: The Mid-Ocean News carries further and extensive revelations based upon documents from that same investigation.

P. M: Police visit the offices of the Mid-Ocean News in connection with the morning's report. No search warrant is executed and no arrests made.

In a separate development, Premier Ewart Brown sparks a potential constitutional crisis with a dramatic threat that Government could cease to work with the Governor.

In a sensational TV broadcast, he accuses Sir John Vereker of failing to protect the top-secret Police dossier. Dr. Brown claims he asked the Governor to protect the BHC investigation files prior to the publication of the Mid-Ocean articles, which he brands as "defamatory".

Urging Sir John to bring the culprits to account, Dr. Brown says: "I take this opportunity to again call upon the Governor to discharge the responsibility of his office, by taking swift and meaningful action against the perpetrators of this nefarious scheme. He must see this as his obligation. Should he fail to do this, the constitutionally elected Government of Bermuda will lose confidence in the current Governor. In that event we will have no choice but to suspend further business with him." The news hits websites and newspapers around the world.

June 4

Police raid the offices of the Bermuda Broadcasting Company in relation to ZBM's May 23 report implying that the station has obtained documents from the BHC investigation. Rick Richardson, the station's chief executive officer and managing director, says he views the raid as unacceptable and a threat to journalists and the principle of freedom of information

June 7

The Commissioner of Police and Attorney General apply for an injunction to stop the media reporting more from the secret files.

Meanwhile, Dr. Brown and Governor Sir John Vereker issue a joint statement through the Foreign Office in London aimed at dampening concerns over a looming constitutional crisis sparked by the leaked dossier. The statement says Scotland Yard has been brought in to investigate, and Dr. Brown has assured Sir John that his Government will continue to work with him.

June 13 and 14

Chief Justice Richard Ground hears submissions at Supreme Court from Delroy Duncan, acting for the Commissioner and Attorney General, and Saul Froomkin QC, representing this newspaper and sister paper the Mid-Ocean News. Mr. Duncan alleges that the Police report was stolen, and argues that a breach of confidence was committed when it was reported on. He says court action to silence the media is necessary as Police fear further disclosure of "sensitive" material from the documents that could shake public confidence in the service.

Mr. Froomkin argues that legal precedent shows gagging orders should not be made "when to do so would be to cover up wrongdoings". He says of the Mid-Ocean News report: "The publication concerns allegations of gross misconduct by the leaders of this country. Those are the allegations contained, citing documents and individuals. If that's not alleged iniquity, I don't know what is. The public had, and has, a right to know."

During the second day of the hearing, the court hears that the original copy of the BHC dossier has gone missing. The court heard from Mr. Duncan that an international investigation had been launched into how the documents went missing and where copies were made.

June 18

Mr. Justice Ground rules that a reporting ban would be wrong, as the balance between protecting the confidential Police file and upholding the constitutional right of the press to report serious allegations favours the latter in this case.

He says: "The (BHC) allegations are not gratuitous, in that there is some evidence to support them, as set out in the material so far reported. Nor do the allegations concern the private personal life of those concerned. They touch upon their conduct in office. In those circumstances I think that the public interest is genuinely engaged, and this is not a case of the public being officiously interested in matters which do not concern them. "

He awards legal costs to the media. Mr. Duncan announces that he wishes to appeal the ruling, and Mr. Justice Ground gives permission for this.

June 19

Premier Dr. Ewart Brown and former Government Minister Nelson Bascome issue writs against the Island's media organisations claiming damages for alleged libel and slander arising from the publication of revelations from the leaked Police dossier.

The writs are filed at Supreme Court minutes before the Police Commissioner and Attorney General mount their appeal against the ruling by the Chief Justice that the media should not be gagged.

Lawyers Charles Richardson, representing Dr. Brown, and Victoria Pearman, representing Mr. Bascome, ask the Court of Appeal at 10 a.m. to halt the case until their clients' libel action — launched at 9.52 a.m., according to Ms Pearman — is heard at Supreme Court. The Court of Appeal refuses the request.

Over the course of June 19 and 20 the Court of Appeal goes on to hear Mr. Duncan argue that Mr. Justice Ground's decision was wrong.