Premier Ewart Brown has launched a personal attempt to further gag the media from printing leaked details of a Police probe into the Bermuda Housing Corporation affair.

Having issued a writ against this newspaper and others some three months ago, on Monday he issued an application for an interim injunction to restrain the parties from printing anything further about him personally until the conclusion of his case.

This move came just days before the Privy Council — Bermuda's highest court of appeal — is due to rule on a similar legal move by Attorney General Sen. Philip Perinchief and Commissioner of Police George Jackson.

Both Chief Justice Richard Ground and the Court of Appeal have previously turned down an application from Sen. Perinchief and Mr. Jackson to ban further publication of information from leaked Police files on the BHC investigation.

Their bid came after ZBM television news broadcast extracts from the Police files on May 23, and the Mid-Ocean News published stories on June 1 containing further details.

Launching his own attempt to ban further publications of material relating specifically to him, Dr. Brown asked — through lawyer Charles Richardson — for his case to be heard at Supreme Court tomorrow.

However, lawyers Saul Froomkin QC and Alan Dunch, who represent this newspaper, would already have been in London on that date, preparing for the Privy Council hearing on Monday. Yesterday, this newspaper applied for the hearing in the Dr. Brown matter to be adjourned and Puisne Judge Ian Kawaley postponed it until November 2.

The writ has been served on Bermuda Press Holdings Ltd., its subsidiary The Royal Gazette Ltd., editor William Zuill, Mid-Ocean News editor Tim Hodgson and columnist and blogger Christian Dunleavy.

Dr. Brown has previously spoken of his belief that reports on the BHC probe have been politically motivated.

In a sworn statement supporting Dr. Brown's application for an injunction, Mr. Richardson said: "I am instructed that at the trial of this action the Plaintiff (Dr. Brown) will seek to prove that it is, and has for at least several weeks been the intention desire and plan of at least some or indeed all of these Defendants to use the alleged BHC dossier and/or the alleged copies thereof to further the interests of the Opposition United Bermuda Party and to unfairly damage the Plaintiff's standing and reputation in the Bermudian community and to diminish the interest standing and prospects of success at the next Bermudian General Election (which must be held within a matter of months) of the Progressive Labour Party of which the Plaintiff is the duly elected Party Leader."

According to extracts from the dossier previously published by the Mid-Ocean News, Dr. Brown, former Premier Jennifer Smith, former Minister Renee Webb, construction boss Zane DeSilva and others were investigated by Police looking into allegations of corruption at the BHC. When the probe concluded in 2004, then acting Director of Public Prosecutions Kulandra Ratneser said many of those investigated could only be accused of bad ethics.

Mr. Ratneser also said some of those investigated escaped prosecution due to Bermuda's antiquated corruption laws.

Since the BHC scandal – which is believed to have cost the taxpayer $8 million – one person has been convicted.

Terrence Smith, a BHC officer, was found guilty and jailed last year on 41 counts of fraud.

In addition to seeking to ban further publication from the Police files, Dr. Brown is also seeking damages for alleged libel from Bermuda Press Holdings and Mr. Hodgson in respect of the Mid-Ocean story on June 1 headlined: "Police probe of abuses went as high as Cabinet".

Mr. Zuill said of Dr. Brown's move against the media: "We intend to fight this latest legal salvo as vigorously as we have the case brought by the Attorney General and the Commissioner of Police.

"We deny absolutely that this matter is politically motivated in any way. This comes down to a simple matter of the public's right to know."