Web shops get legal bailout

Thu, Jan 31st 2013, 10:41 AM

Web shop bosses scored a major victory yesterday when a judge issued an injunction to prevent them from being shut down until the legality of the industry is determined by the courts.
Senior Justice Jon Isaacs granted the preliminary order, the day after Prime Minister Perry Christie ordered web shop operators to cease business or face prosecution.
The order prevents the attorney general, the commissioner of police, the minister of national security and minister of tourism, who has responsibility for gaming, from interfering with the operations of gambling houses.
The jobs of thousands of web shop employees appeared in jeopardy Tuesday night when Christie ordered the shutdown of web shops after the majority of citizens who voted in the January 28 gaming referendum opposed regulating and taxing the industry.
Lawyers Wayne Munroe and Alfred Sears, a former attorney general, obtained the restraining order on behalf of the principals of Island Luck, Island Game, Whatfall, the FML group, Asue Draw, Paradise Games and Chances during a closed session Wednesday.
Speaking at a press conference following the hearing, Munroe said the application for the injunction was vigorously opposed by Loren Klein, a consultant in the Office of the Attorney General, who said "the court ought not to hinder the police in the discharge of their duties". Klein appeared with Darren Henfield.
Munroe said the injunction was sought after Christie
"made it clear he was going to soldier on".
In granting the injunction, the judge did not determine the merits of the case but found that the applicants had raised a "triable issue", according to Munroe.
He continued, "Bearing in mind that businesses would be disrupted, third parties like workers, creditors, trade persons would be disrupted and there would be no prejudice to the respondents, the judge determined to grant the injunction."
Munroe said that prior to the hearing the attorney general conceded in correspondence that the matter was "eminently suited to be litigated".
Isaacs will not hear the trial. The parties will appear before Chief Justice Sir Michael Barnett on Friday to learn whether he will determine the action or assign the case to another judge.
Munroe said he hoped the matter would be determined "as quickly as reasonably possible".
He said they want the court to determine whether web shops are governed by the Lotteries and Gaming Act and therefore subject to regulation.
"The assertion is that in a free country, you are free to do anything if you're not regulated, or do something without a license, if it's not the subject of legislation," Munroe said.
He said the constitutionality of the Act was also being questioned. Any law that offends the constitution can be declared invalid.
Munroe said the web shop operators also held the legitimate expectation of carrying on their businesses since the government renewed their licenses while aware of the nature of their trade.
Asked if he was prepared to argue the issues to the Privy Council, the country's final appellate court Munroe said, "We should hope if someone is taking it to the Privy Council, it would be the other party."
Munroe said he had a "degree of satisfaction" since the web shop employees could now have peace of mind.
"I understand that absenteeism was up because people were quite frankly afraid," he said.

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