More than five months after a gambling referendum failed, the substantive case on the matter has yet to be heard in the Supreme Court.

That trial is expected to determine whether web shops will be permitted to continue their gambling operations.

Attorney Wayne Munroe, who represents a group of web shops owners, said yesterday the Office of the Attorney General has yet to file a defense to his clients' statement of claim.

"We have filed our documents and they have to respond to our documents," Munroe said.

"To be fair to them (the Office of the Attorney General), we took, I think five times the allotted time to file our statement of claim because of the complexity of the matter.

"I can't complain about them taking the proper time to file their defense or decide their next step when I took the time that was necessary given the complexity of the matter.

"My statement of claim raises matters that go back to internal self-governance in The Bahamas back to the 1950s."

Munroe said there are several steps that must be taken before the matter can go to trial.

"The Supreme Court matter is a serious matter, so you don't just wander into court," Munroe said.

"You set the stage with paper. The judge will have a bundle of papers, a bundle of pleadings, a bundle of documents, and it takes time to do the steps necessary to get those bundles together.

"There is also a bundle of witness statements, and then you have the cross examination of witnesses during the trial, but before you get to trial, you have to put those bundles together."

Munroe gave an example of the Bar Council, which filed an action in 2001 over a legislation package passed that year.

To date, that matter has not been tried, according to the attorney, though he believes the web shop matter will not take that long.

"In this matter, the only thing I see them resisting is the disclosure of the Cabinet minutes," Munroe said.

"They may try to oppose that on executive privilege grounds, and we may have a hearing about that." In the meantime, Munroe said his clients' establishments are being adversely affected by the "uncertainty" surrounding web shops' legality.

But he said his clients understand that there is a process they must comply with.

Munroe and attorney Alfred Sears, who represents Paradise Games, secured a conservatory order on January 30, two days after the gambling referendum failed.

Chief Justice Sir Michael Barnett lifted that order, which had prevented authorities from interfering with web shops. Sir Michael denied the attorneys' application for an injunction on April 9, and refused a stay pending an appeal.

The attorneys filed an appeal for an application to stay the matter, but abandoned that appeal in May.

Munroe represents Percy Web Cafe, Island Luck, FML Group of Companies, Asue Draw, Whatfall and Chances.

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