The Story So Far, continued
June 21
Dr. Brown tells a radio talk show it is "demeaning, embarrassing and insulting" to ask him to answer the allegations carried in the Mid-Ocean News story.
He tells presenter Thaao Dill: "In most civilised societies, we just don't expose the contents of Police files. Having said that, I want to repeat — they can reveal anything they have in the file about me personally. I know that we are totally in the clear and have been exonerated after an investigation that apparently included Scotland Yard, the FBI and Homeland Security, so there was no issue there."
In a separate development, Police Commissioner George Jackson issues an apology to the public for the theft of the documents relating to the BHC investigation. He reveals that officers from Kent in England will assist with the probe into how this occurred.
June 25
The Court of Appeal upholds the Chief Justice's decision, reserving its reasons for a later date. Mr. Duncan announces that he wishes to appeal the matter before the Privy Council in London, the highest court possible. The Court of Appeal awards costs to the media.
Premier Ewart Brown later launches a stinging attack on the justice system in the light of the Court of Appeal's decision. According to his spokesman Glenn Jones, if the Privy Council fails to gag further publications: "Bermuda's long-standing supremacist oligarchy would be vested with legal licence to intensify the ongoing UBP/media tyranny."
June 26
The Court of Appeal gives the AG and Police Commissioner leave to appeal to the Privy Council, the ultimate court for British overseas territories. The panel — President Justice Edward Zacca, Sir Austin Ward and Gerald Nazareth — also gives its reasons for upholding Mr. Justice Ground's June 18 decision. The three judges said he correctly balanced two competing public interests — the right to confidence and the need to protect the integrity of Police investigations against the freedom of the press. They award costs against the Government.
July 5
Police Commissioner George Jackson announces that two top Police officers from the UK are in Bermuda supporting local Police investigating how the dossier was leaked to the media.
July 11
Three Law Lords from the Privy Council indicate it may take "a good deal" to convince them to gag the media over the BHC file. However, they grant a temporary news blackout on the unpublished sections until they hear the case in full.
July 18
An independent poll done by Research.bm reveals that almost three quarters of voters believe the public should know the full contents of the BHC Police file before an election is held.
July 20
Dr. Brown drops the writ for libel and slander that he launched against the Island's media organisations on the morning of the Court of Appeal hearing. However, he issues another writ against Bermuda Press Holdings, The Royal Gazette and its editor Bill Zuill, Mid-Ocean editor Tim Hodgson and Christian Dunleavy, a United Bermuda Party member who runs the politics.bm website. The details of the action are not outlined.
July 25
Lawyers for Bermuda's media organisations appear before the Privy Council in London in an attempt to persuade it to hear the appeal as soon as possible. Saul Froomkin QC, acting for this newspaper and the Mid-Ocean News, says it is believed an election is imminent.
"In a matter like this, where the Government's integrity is being attacked, the public has the right to know before an election," he tells the Privy Council.
James Guthrie QC, acting for the Commissioner of Police and the Attorney General, says there was nothing to substantiate the claim that Premier Ewart Brown is attempting to delay the hearing in order to hold a General Election before the matter is decided. The Privy Council adjourns the case.
July 31
Nelson Bascome confirms he has dropped the libel and slander writ he filed on June 19 against the Island's media organisations.
October 23
It is reported that Dr. Brown has also launched his own personal legal action against this newspaper and others to stop the publication of further information about him from the BHC file. That action is set to be heard at Supreme Court.
October 29
The Privy Council rules that the media should not be banned from reporting further extracts from the BHC dossier. Costs — said to be in the six figure range — are awarded in favour of the media.
