The Tribune

By NATARIO McKENZIE

Tribune Business Reporter

nmckenzie@tribunemedia.net

ATTORNEYS representing web shop operators yesterday said the Government knew full well what the industry involved, arguing that the licensing of such enterprises would have formed a “legitimate expectation” of their legalisation.

Speaking after they secured a Supreme Court injunction, which essentially allows web shop operations to continue until the main issues are litigated, Alfred Sears, who represents Paradise Games, told Tribune Business: “The Government would have entered into dialogue with the operators, received the particulars of their operations as well as revenue, and that would have formed the legitimate expectation.”

Mr Sears is expected to argue the point more extensively when the matter goes to the Supreme Court, although no date has yet been set.

Adding to that point, Wayne Munroe, who represents several of the major players in the web shop industry, said: “When Mr Ingraham was Prime Minister and Minister of Finance, these guys met with them, told them what they did and they were licensed.

“No one really believes that Asue Draw was running an asue. This isn’t something where everyone didn’t know what was going on. This industry has over 200 shops in the open throughout New Providence, Grand Bahama and the Family Islands.”

“The issues that are going to be litigated would definitely be whether or not the behaviour falls within the Lottery and Gaming Act to be the subject of regulation,” Mr Munroe added,”the assertion being that in a fee country you can do anything you are not regulated from doing, or do something without a license if it’s not the subject of regulation.

“There will be questions on whether or not Parliament would have passed those provisions, in any event, in 1969 in the terms they did, bearing in mind we had a constitution before then.

“Mr Sears is also raising issues of legitimate expectation, which is the continued licensing of persons when disclosure is made of exactly what they are doing; when they are telling the Government what they are doing, and when they are telling the Government what they are doing they are asserting that they have a right to do it. We will discuss the issues and they may be widened a bit more,” said Mr Munroe.

Prime Minister Perry Christie issued a statement on Tuesday evening ordering web shop owners and operators to immediately “cease and desist” from all on-line gaming and numbers games. They were, however, not required to close the door on their employees and those persons with whom they have lawful commercial relationships, including landlords, utility and service companies, suppliers of goods and other third-party creditors.

Philip Galanis, coordinator of the 'Vote Yes' campaign, told Tribune Business yesterday: “The Prime Minister I think made it clear that he was not closing down the web shops but was prohibiting them from gaming activities. The injunction overturns that until the matter is heard in its substantive form.

“I think the reason they went in to court was because the operators felt that that position was not practical, and they wanted to get a clarification from the judiciary on whether they felt it was practical for them to have that position until they could be heard in court. I think this is a matter that really needs to be settled once and for all. It’s not going away.”