Police have launched an investigation to find out who leaked a confidential Cabinet memo detailing a government plan to buy the Swan Building for almost $25 million.

Civil servants have already been questioned about the unauthorised disclosure, a source told The Royal Gazette.

And Premier Ewart Brown is said to be furious that the secret document reached this newspaper before it was presented to Cabinet on Tuesday morning.

"They are trying to find out who the individual is," said the source. "There is a witch hunt on for the individual. [Cabinet Secretary] Marc Telemaque is leading the charge."

The memo was prepared by Works and Engineering permanent secretary Robert Horton and e-mailed by him to three civil servants and a US consultant at 2.19 a.m. on Tuesday.

Copied into the message were Premier Ewart Brown, Deputy Premier Paula Cox, Works and Engineering Minister Derrick Burgess, Attorney General Kim Wilson and another civil servant.

Mr. Horton swore an affidavit as part of Government's failed bid to prevent this newspaper from publishing the contents of the memo.

He said in his statement it was "startling" that the private memo was leaked and that he was "flabbergasted beyond measure" when a reporter asked for comment on the proposed purchase of the Victoria Street building.

"I concluded that a wrongdoer had unlawfully disclosed the Cabinet memorandum to The Royal Gazette," he said.

Mr. Horton said the five civil servants told him they had not shared the memo with any third party and that this led him to the "inevitable conclusion" that the reporter came by the memo "via malfeasance, dishonesty or fraud".

He added: "As soon as I have prepared this affidavit, my next task is to report the unlawful disclosure to the Police and ask that a full investigation be carried out."

Bermuda Police Service did not respond to a request for comment yesterday.

Mr. Telemaque gave a sworn statement in which he said that an extraordinary meeting of the civil service executive was held on Tuesday afternoon after the leak was revealed.

"I have never known a Cabinet memorandum to be furnished to the press in this manner or at all," he said. "Similarly, having conferred with colleagues more seasoned than me, I am advised and do sincerely believe that this has never happened previously."

The Premier and Ministers swear an oath under the Constitution promising not to disclose the counsel, advice, opinion or vote of any Minister in Cabinet.

The oath also states: "I will not, except with the authority of the Cabinet and to such extent as may be required for the good management of the affairs of Bermuda, directly or indirectly reveal the business or proceedings of the Cabinet or the nature or contents of any documents communicated to me as a Minister or any matter coming to my knowledge in my capacity as such."

Civil servants are bound by the Official Secrets Act, the Public Service Regulations and a code of conduct not to disclose official information without official permission.

No protection exists in law for those who release documents in good faith which they believe the public ought to know about. This newspaper's A Right To Know: Giving People Power campaign calls on Government to be more transparent and to include whistle-blower protection in its proposed freedom of information law.