Bermuda Constitution protects journalists from having to reveal the names of their sources.

Observers commented that yesterday's decision by Puisne Judge Vincent Meerabux helps establish in Bermuda a "shield'' law for the press.

Supreme Court Puisne Judge Vincent Meerabux made the ruling as part of his decision that former Royal Gazette reporter David Marchant didn't have to reveal the names of sources for stories he wrote on Bermuda Fire & Marine Insurance Co. Ltd.

Mr. Meerabux said one of the basic conditions of press freedom was for journalists to be able to protect the confidentiality of unnamed sources in stories.

Mr. Justice Meerabux stated that the Bermuda Constitution protected journalists from having to reveal their sources under the freedom of speech clauses except in cases of national security, the prevention of crime and in the interests of justice.

"The protection of journalistic sources is one of the basic conditions of press freedom,'' he said. "Hence I think a journalist can assert that he has a right to protect his sources, but his right in my view is not absolute.'' Lawyer Ann Cartwright DeCouto hailed the decision on the Bermuda Constitution as a victory for freedom of the press.

"To my knowledge this is the first time that the judiciary has reviewed the privileges for journalists and stating that they have a shield in certain circumstances,'' she said. "They have a privilege not to reveal their sources under the constitution. It's a victory for journalists.'' Royal Gazette Editor Bill Zuill praised the decision as helping press freedom in Bermuda.

"Mr. Justice Meerabux's decision was notable because it affirmed an important right which will go a long way to enabling journalists in Bermuda to continue to seek out the truth without an unreasonable fear of censure or imprisonment,'' he said. (See Editorial on Page 4).

Mr. Justice Meerabux ruled that Mr. Marchant should not be forced to reveal his sources since such testimony wasn't directly relevant to the case and didn't pose any "real risk to a mere possibility of the interference with the administration of justice''.

Mr. Justice Meerabux said Mr. Marchant's rights as a journalist under freedom of speech was more important than the "narrow interests'' presented by the defendants in the civil case.

The issue came up during testimony Mr. Marchant was giving at the Supreme Court case on stories he wrote. Robin Potts argued that Mr. Marchant should be held in contempt of court for refusing to answer questions about the identity of his sources.

Under contempt of court, a journalist faces the possibility of up to seven days in prison for refusing to answer questions.

After the decision Mr. Marchant said he was relieved not to have been jailed.

He was defended by Victoria Pearman.

"I think the judge's ruling was very sound particularly because the disclosure of my sources was not relevant to the core issues of the lawsuit,'' Mr. Marchant said.

He publishes Inside Bermuda from Miami. He left The Royal Gazette in 1993. He appeared in the case to give evidence on behalf of Bermuda Fire liquidator Ernst & Young.

David Marchant Graphic file name: DAMARC