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Spectrum of observers welcome decision

Commentators of all political backgrounds have welcomed the decision of the Privy Council not to gag the press over the BHC dossier.

However, some expressed concern over whether it would be right for further details from the file to become public and others worried about how much the court case has cost in terms of public money and confidence in politicians.

Former PLP Premier Alex Scott said: "I have always been a proponent of the freedom of the press so in that regard it's obviously a decision I can understand and support."

But Mr. Scott voiced concern that in future documents taken from Police HQ – as the plaintiffs alleged these were – could find their way into the press which would put off reluctant witnesses from coming forward.

Opposition leader Michael Dunkley said he always believed the Privy Council would throw out the Government's case – just as two Bermuda courts had earlier done.

"I think what the Premier needs to justify is the time and expense involved in having this gag order."

He said his party believed in open access and will be campaigning on the issue.

Khalid Wasi, of the All Bermuda Congress, a political group campaigning for more open government, said: "I think it is a victory for freedom of speech, for freedom of information. I am glad it is a constitutional issue."

He said the role of the press was to dig into issues about Government and the Police files ought to be public information so people could judge for themselves.

"It isn't about about trying to denigrate or go after an individual personally. I think what people need to know is actually what happened," he said.

Pro-Opposition blogger and commentator Christian Dunleavey said: "I don't think most people will be surprised by the decision. From the beginning it always appeared to be more of an effort to delay than a legitimate legal exercise, although it's nice to see the public interest vindicated in this way."

Details of the BHC allegations attributed to "Son of the Soil" – a person claiming to be a disgruntled former PLP supporter taking responsibility for circulating the dossier's contents – were doing the rounds on the Internet yesterday as they have done for months.

Mr. Dunleavey said: "You can't guarantee people's e-mail inboxes ... the communication is unstoppable now with the technology out there."

Pro-PLP Lawyer Lou Peniston said he was never in any doubt the British courts would find in favour of press freedom as they had long taken this attitude, something he said the Government might have considered before launching the action.

He said of the Privy Council's decision: "I think it was a sound decision on a sound basis. The UK has always had a progressive view about freedom of the press."

Shadow Attorney General John Barritt said of the Government: "They have spent hundreds of thousands of dollars of the people's money, that is taxpayers' dollars from the public purse, defending the indefensible, and pursuing the inexcusable, all to prevent people from knowing."

He commended the Privy Council's ruling, saying: "The decision for disclosure rather than suppression of information must be the correct one – most especially in a society like ours which claims to be a democracy and one of representative government."

However, he said the decision and the potential publication of any further information was not good enough to bring an end to the matter.

"I think the entire matter of the BHC scandal from start to finish has shown up the deficiencies of our system of government and underscored the need for reform – meaningful and serious reform that is long overdue here in Bermuda," he commented.

Lawyer Tim Marshall is to run as an Independent candidate in Sandys South at the next General Election.

He said: "The decision is bound to be a landmark case as it empowers and protects the rights of all Bermudians.

"The Supreme Court, Court of Appeal and now the Privy Council have upheld the right of the press to publish information that provides insight into how politicians and public officers conduct themselves; how their private interests intersect with their public responsibilities and the extent to which they are, or were, the subject of any allegations of wrongdoing or impropriety.

"What importance we as a country place on the information will be determined with the full benefit of public debate and the passage of time," Mr. Marshall concluded.

In comments made before the case, which he said remained relevant yesterday, pro-PLP lawyer Julian Hall questioned who compiled the BHC dossier: "Was it commissioned by the Bermuda Police authorities only, and if so, at what level? Was it commissioned, in part or in whole, by Government House, or the UK Government or even the CIA?" he speculated.

He expressed concern that the file would contain rumours, gossip, innuendo and hearsay – and welcomed the fact that the Privy Council was to rule on the case.

"There can be no speculation, and there need be no fear, that a call from Government House or otherwise to one of the judges who are appointed by Government House and who sit at the pleasure of Government House will affect the outcome of the proceedings before the Privy Council.

"There you will get, as one hopes we get all the time here with our Supreme Court and out Court of Appeal, a decision based entirely on the law, the Constitution and the proven facts," he said.

"My own personal view is that the Privy Council decision will be legally correct – which is not to say that the dossier should be published. "