after Customs officers seized film shot by a Royal Gazette photographer in Number One Shed on Front Street yesterday.

The pictures, showing Customs officers at the top of the Number One Shed stairs returning a computer to postcard collector Donald Stephens, were seized after officials claimed they were taken in a restricted Customs area.

Mr. Stephens was about to be interviewed by The Royal Gazette after his cabin was searched and postcards, which he was delivering to Bermudian collectors, were seized on the grounds that Customs duty had not been paid on them.

The Royal Gazette will now go to court to get the film back and to seek a declaration by the court that the film was seized illegally, said Editor Bill Zuill.

"The pictures were taken by David Skinner, who believed he was on public property and was doing his job,'' Mr. Zuill said. "The Customs officers told him he was in a restricted area and told him to move.

"He went to the bottom of the stairs, where he took more pictures, at which point he was told to stop taking pictures and that he had been detained.'' Acting Collector of Customs Winniefred Fostine-DeSilva said Mr. Skinner had entered a restricted area and therefore could not take pictures. She asked The Royal Gazette to turn the pictures over, saying it was a breach of regulations and the privacy of Mr. Stephens and the Customs officers in the execution of their duty.

Mr. Zuill, who was called down to Number One Shed, refused to turn over the film.

Customs officials then said they were entitled to seize the film, and threatened to have Mr. Skinner arrested for obstruction.

After taking legal advice, The Royal Gazette allowed the film to be seized under protest and said it would commence legal action to have the seizure declared illegal and to have the film returned.

"While it may be right in law that the whole area of Number One Shed, and indeed the whole of the water side of Front Street down to Number Eight shed, is a restricted area, only the rear area of Number One Shed is designated by a sign as being restricted,'' Mr. Zuill said.

"The rest of the building is quite open to the public, and Mr. Stephens was given back his computer on a desk which is used by the Chamber of Commerce to hand out information to visitors. It is hard to imagine a more public area than that.

"All the same, David Skinner did his best to comply with the Customs officers' instructions.

Legal action looming "At the same time, he is entitled to take photographs from any public area and believed he was doing so. This is a fundamental freedom and we have to defend our freedoms whenever they are threatened in order to bring the public the news.

"In addition, we will fight any attempt to seize film or notebooks belonging to our staff. This again is a fundamental right and that is why we will be going to court.

"It is my understanding that Customs officers are entitled to seize any goods on which Customs duty has not been paid and to seize contraband. That is as it should be. But Customs cannot have the right to seize the belongings of journalists in order to prevent publication.''