Judge Kawaley today rejected (Gazette coverage) / (Bermuda Sun coverage) Dr. Brown's request for injunction in respects of his libel suit.
Full verdict is available here.
Key quote:
12.Granting the application, in my judgment, would have created the strong impression that the judicial arm of the Government had been co-opted by the executive branch of Government to effectively censor teh press. There was no or no adequate explanation for the delay in making the application for injunction relief, the BHC dossier could have been sought from the Commissioner of Police sooner, and the pending reasons of the Judicial Committee of the Privy Council in the Commissioner of Police case would not materially impact on the disposition of the Plaintiff's substantive application. More importantly still, the case for interim injunction relief seemed extremely weak. It was difficult to see, bearing in mind that three courts had held that publication of further material from the BHC dossier was in the public interest (without prejudice to any damages claims), how an adjournment would assist the Plaintiff to obtain the interim relief he was seeking.
and
25. As I indicated in the course of the hearing, there may be cases where established principles must give way to new precedents. But the present application, brought (albeit in his private capacity), by a Premier who has just called a General Election is a manifestly inappropriate case in which to break free of all established precedent and grant revolutionary forms of press-stifling injunctive relief. Such a course would raise legitimate questions about the independence of the courts.
That means that barring appeal, the press have no restrictions on them...other than the usual responsibility to report fairly and accurately and not libel.
Posted by Christian S. Dunleavy