AG prepared to prosecute web shops if order lifted

Wed, Apr 3rd 2013, 11:06 AM

The Office of the Attorney General would prosecute web shop operators if Chief Justice Sir Michael Barnett discharges an order that currently protects their businesses, and they fail to follow a directive to end gaming, according to Crown Counsel Loren Klein.
Klein told Sir Michael yesterday they would face "a plethora of offenses".
The AG's office is asking the court to discharge the conservatory order granted by Senior Justice Jon Isaacs on January 30. That order prevents police from taking action against operators who refuse to stop web shop gaming.
Attorneys representing a group of operators are seeking to have that order extended until the court rules on

their substantive case. They argue that what their clients do is legal.
In relation to whether the order should be extended, attorneys representing web shop bosses and the government argued before Sir Michael for nearly six hours yesterday.
Sir Michael is expected to rule shortly on whether to discharge the order.
He heard submissions from Wayne Munroe, Alfred Sears and Klein before declaring that he would take the matter under advisement.
Munroe represents Percy Web Cafe, Island Luck, FML Group of Companies, Asue Draw, Whatfall and Chances.
Sears and Jeff Lloyd represent Paradise Games.
Attorney Derek Ryan, who represents Bahama Dreams, filed an affidavit last Thursday.
Sir Michael did not hear submissions from him yesterday because he was not a part of the group nor did he serve the Office of the Attorney General with a summons.
The conservatory order was granted after a majority of voters who voted in a gambling referendum said no to web shop gaming and the establishment of a national lottery.
The chief justice also questioned why Sears and Munroe did not state what their clients' businesses do in their affidavits.
"The problem I'm grappling with is, unlike the evidence provided by Mr. Ryan where he is candid with the court, the evidence of the plaintiffs does not set out what the activity of the businesses of the plaintiffs is, other than web café, and studiously avoids whether or not it is engaged in web shop gaming," said Sir Michael.
Sears argued that web shops are not defined in the Lotteries and Gaming Act and added that there was full disclosure in the affidavits.
Klein argued that web shop operators are clearly engaged in activities outside the Lotteries and Gaming Act, something he claimed the owners have admitted.
Munroe and Sears argued that this was not so.
Munroe also pointed out that Klein did not deny the meetings that took place between the government and web shop owners or the draft regulations the Ingraham administration created.
He contended that those meetings created reasonable expectation for his clients that they would be regulated.
Sears and Munroe also argued that if the police were to interfere with their clients' businesses they would face bankruptcy, their credit worthiness would suffer and employees would be adversely affected.
Klein said he found these arguments generic.
"In these sorts of matters there are some financial figures provided, not just a self serving affidavit," he said.
"They should quantify any possible losses."
The chief justice asked Klein if he was threatening to shut down the web shop operations.
Klein said no.
"No one can interfere with the web café aspect of the business," he pointed out.
Sir Michael noted that a statement issued by Prime Minister Perry Christie the day after the gambling referendum only spoke to shutting down the web shop gaming aspect of their businesses.
Klein argued that one should not restrain the powers of the executive branch of government.
Sears and Munroe also argued that the constitution does not allow for the government to dictate how people spend their money on entertainment.
Sears and Munroe are expected to file their statements of claim before Sir Michael makes his decision.

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