The Tribune

By LAMECH JOHNSON

Tribune Staff Reporter

ljohnson@tribunemedia.net

THE recent search of web shops in Eastern New Providence has prompted an attorney to take further instructions from the owners in preparing for the substantive Court of Appeal hearing that is a week away.

Wayne Munroe, who represents Island Game, Island Luck, FML, Asue Draw, Whattfall and Chances, said yesterday that a meeting has to take place with his clients about the effects of recent action by the police, though he said that they have been proper so far.

“I have to meet with my clients to take instructions about the effect of police’s recent actions because in the recent actions, the police have shown all that they appear to be doing is checking the licenses, looking and doing what the police always do and then leaving,” the attorney said.

“The operation, when was that, Monday past, they went into the eastern area. They checked a number of premises, one of Island Luck, one of FML. They checked the restaurant-bar establishment of BahamaDream.”

“They closed two of them because they didn’t have licenses and didn’t do anything with regard to my other two clients. So the difficulty I have, as you would’ve seen when we were trying to get the stay, which is, can I say honestly to the court, ‘Police are going to misbehave while the case is in court?”

“And the actions of the police thus far is to show that they are going to act properly. So that’s the greatest problem I have preparing for Friday, but the police have shown all along the way that their acting properly although mischief makers always trying to get them to act improperly.”

On April 17, Court of Appeal judges considered a conservatory order for web shop operators unnecessary noting that web shop owners were free to carry on their legal licensed business operations.

However, they also noted that the police could carry out its lawful duty in investigating and possibly prosecuting web shop operators on reasonable grounds that they are suspected of being in breach of the Bahamas’ Lotteries and Gaming Act.

The application for a stay was rejected and a substantive hearing date before Justices Allen, Stanley John and Neville Adderley is scheduled for May 24.

The substantive hearing before the appellate court stemmed from the outcome of the January 28 referendum held for the public to decide whether web shops should be legalised and taxed or whether a national lottery should be established. Both propositions were rejected by the electorate.

The following day, on January 29, Prime Minister Perry Christie ordered that all web shops cease their gaming operations.

He had said in the lead up to referendum day that his administration would follow the law after voters had their say.

However, the numbers bosses took legal action on January 30 in the Supreme Court.

In response to their application, Senior Justice Jon Isaacs granted an injunction that prevented the government and the police from taking any action against the patrons and operators of web shops pending the outcome of a conservatory order that was filed by attorneys representing the webshops.

Attorney General Allyson Maynard-Gibson confirmed the government’s plans to file an application on March 13 to lift the injunction.

That application was heard on April 2 before Chief Justice Sir Michael Barnett and a week later, the judge lifted the conservatory order and dismissed their application for interlocutory injunction, ruling that “the police must be allowed to enforce the law unless and until the law has been declared to be invalid.”

“It is my judgment that this is not a proper case for the court to exercise its discretion to restrain the police from discharging their duties as they consider it proper to do,” the chief justice said.