Attorney Derek Ryan said yesterday that he plans to seek an injunction that would prevent authorities from interfering with his client's gaming operations. Ryan represents Bahama Dreams web cafe. This comes a week after Chief Justice Sir Michael Barnett's ruling to lift a conservatory order that protected seven web shops from police interference. "Our position is this, once the court has heard our arguments for an injunction and determines whether it is in a position to grant the injunction or not, then we would comply with any court orders subject to any appeals that my client wishes to take," said Ryan. Sir Michael lifted a conservatory order that was granted on January 30 by Senior Justice Jon Isaacs.
The order came two days after the majority of people who voted in a referendum voted against the establishment of a national lottery and the regulation and taxation of web shops. In his judgment, Sir Michael said, "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." Attorneys Wayne Munroe and Alfred Sears, who represent web shop operators, have appealed and are seeking a stay of Sir Michael's ruling pending the determination of a substantial application before the Supreme Court.
Ryan has filed an affidavit, a writ and a summons in connection with his case and is awaiting a date to appear before the chief justice. He said he's not worried that the order was lifted. "We are taking precautions and the fact is we do not accept that, that decision governs or dictates how my client ought to behave in his operations because we are before the courts," he said. "As you know, our case is somewhat slightly different in that one of the things we did is we actually went into the activities of our client, so based on that premise we intend to proceed."
Last week, Commissioner of Police Ellison Greenslade refused to say whether police would shut down web shops. Minister of National Security Dr. Bernard Nottage said the police would act in accordance with the law, but would not say if any action would be taken following Sir Michael's ruling. When asked about the ruling, Prime Minister Perry Christie said he would have to confer with Attorney General Allyson Maynard-Gibson before making any announcements. Free National Movement (FNM) Leader Dr. Hubert Minnis blasted the commissioner and government for their inaction and has called for web shops to be closed. Munroe represents Island Luck, Island Game, Whatfall, FML Group of Companies, Asue Draw and Chances. Sears represents Paradise Games.
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