A group of web shop owners has abandoned an appeal of Chief Justice Sir Michael Barnett's refusal to grant an injunction in their case.
The injunction would have guaranteed their protection from police interference until a substantive case is heard.
Attorney Wayne Munroe, who represents the group, said he could not "credibly" make a case to the Court of Appeal that there is a need for an injunction ahead of the substantive case.
Attorney Alfred Sears, who represents Paradise Games, has also confirmed to The Nassau Guardian that his client's appeal has been abandoned.
Sears said by focusing on the substantive case the trial can move ahead as quickly as possible.
The attorneys were expected to appear before the Court of Appeal today.
"We have been instructed to concentrate our time and our efforts on the substantive litigation," Munroe said in a statement.
"We have also been instructed to be vigilant with regard [to] any proposed legislation that might affect our clients' interests and the litigation.
"In our considered opinion, which is shared by our clients, the conduct of the litigation and the actions of the parties directly involved have demonstrated many laudable ideals, virtues and actions."
A date has not been set for the substantive case.
The attorneys secured a conservatory order on January 30, two days after a gambling referendum failed.
Sir Michael lifted the conservatory order, which prevented web shops from being subjected to police
interference.
Sir Michael then denied the attorneys' application for an injunction on April 9, and refused a stay pending an appeal.
Munroe and Sears filed an appeal for an application of stay on the same day.
"At the application for the stay we argued issues related to complaints we had with regard to the learned chief justice's ruling," Munroe said in the statement issued yesterday.
"I conceded on direct and pointed questioning from the bench that the commissioner of police had indicated that he would act properly.
"And that the honorable attorney general and Mr. Loren Klein on her behalf had always indicated that the executive would act properly and respect the court's process.
"The stated fear was that mischief makers may succeed in persuading the commissioner of police or the political directorate to act improperly."
In the weeks after the refusal of the stay, Police Commissioner Ellison Greenslade warned web shop gamblers to "obey the law" and stop gambling as police can turn up at "any time" to make arrests.
Police went out in force last Monday searching several web shops in the East Bay Street area, and closed Paradise Games for reported breach of the Business License Act.
However, no one was arrested for illegal gaming activity nor were any assets seized from any web shop during the police operation.
Greenslade recently pledged more covert operations.
Munroe said the behavior of the officers during the operation was proper and even handed, though they caused an inconvenience to his clients' businesses.
He made a similar statement recently, where he noted that there was nothing to fear about police usurping the powers of the court and not abiding by the outcome of the substantive case based on their actions.
The attorneys have contended that their clients are carrying on legal businesses, Internet cafes that entitle members unrestricted access to Internet sites.
Munroe said yesterday that the judiciary and executive have demonstrated a clear separation of powers, and have exercised their powers appropriately.
He also said Greenslade has demonstrated "true independence".
Sears added that the substantive case is at the infancy stage, and while the attorneys have filed statements of claim, the attorney general must file a defense before the matter goes to a full trial.
Munroe represents Percy Web Cafe, Island Luck, FML Group of Companies, Asue Draw, Whatfall and Chances.

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