6 November 2007

Today, a Judge of the Supreme Court turned down an application made on my behalf for an Order to restrain the news media from further publishing uncorroborated defamatory information about me that was contained in a stolen police file.

I have decided to accept the Court's decision and will make no further legal attempt to obtain an injunction.

Contrary to attempts made in some of the media to suggest otherwise, none of the action taken by me in recent weeks has been designed to diminish the role, rights and responsibilities of a "free press" within our community, or to disrespect the right of "freedom of expression." I have fought throughout my life for the fundamental freedoms safeguarded by our Constitution and by customary international law.

An independent judiciary is fundamental to the integrity of any modern democratic society. It has been suggested that my legal efforts, based entirely on principle, to ensure that the media accord me – and indeed every Bermudian – fairness and responsibility, may have been some political ploy or pre-election gambit. Nothing is further from the truth.

I continue to believe that there is something fundamentally wrong with the press being allowed, without giving fair and due notice to the person(s) affected, to publish confidential material arising from a closed investigation and contained in the stolen police file of that investigation – indeed, material that even the person affected has never seen. However, I, as every other law-abiding citizen, must accept and respect the ruling of the judiciary, which did not grant injunctive relief.

At the same time, I am irrevocably committed to the goal of pursuing, to the fullest extent of the law, the legal action I have taken seeking substantial redress for libel. I will meet this challenge with both determination and resolve.

I have never seen the documents in question and I have no idea what they contain. I know only that some of the material must, from the descriptions which have already been placed on the public record, be purely private (whether to me or anyone else) and that there can be no legitimate public interest in the contents of any such material. Because of the fact that the information is unproven in a court of law or otherwise, it is clearly hearsay, gossip, idle speculation, innuendo or worse.

I understand that the print media were duly cautioned today by Mr Justice Ian Kawaley of the requirements of "responsible journalism". It is my hope, for myself, my colleagues, and the citizens of Bermuda, that they are prepared to heed his gratuitous advice.