The Bermuda government last week declared war on former Bermuda Casino Gaming Commission (BCCC) Executive Director Richard Schuetz. Lawyers for the BCCC went before Supreme Court Chief Justice Ian Kawaley, who ordered that Schuetz be barred from publicly discussing his time at the commission, which ended in December.
The temporary injunction prohibits any discussion by Schuetz “whether directly or indirectly, and/or to further use the confidential information that is either in his custody, or care or possession or control or he has access to, or at all.” Schuetz is no longer in Bermuda and has returned to the United States.
The order claims that under Schuetz’s contract, he is barred from disclosing confidential information, and demands that he return any such information still in his possession. In addition to targeting Schuetz, the order threatens anyone who assists him in his criticism.
“Any other person who knows of this order and does anything which helps or permits the respondent to breach the terms of this order may also be held in contempt of court and may be imprisoned, fined or have their assets seized,” the injunction said.
The newspaper of record in Bermuda, the Royal Gazette, took particular umbrage to the order. The newspaper was barred from covering the hearing where it was roundly criticized in the filing by the BCCC. In an editorial blasting the order, the newspaper fired back.
“With the public funding the Bermuda Casino Gaming Commission, the public have a right to know what is going on—especially when the implications for the Bermuda economy and reputation are far-reaching.
“In any acrimonious divorce, the devil is in the details, and we would be doing the public a disservice if those details slipped into the abyss created by this legal action.
“If the commission, and the Bermuda government by extension, is allowed to get away with this, it would shut down free speech and prevent former public servants from ever speaking out about potential wrongdoing.
“That cannot be right and so we will continue to fight.”
The order followed another tirade from Bermuda Tourism Minister Jamahl Simmons, who has promised to fast track new casino rules now that he has the people he wants on Bermuda Casino Gaming Commission (BCCC.)
Late last year, Simmons engineered the passage of a bill that stripped the independence enjoyed by the BCCC and placed it under the oversight of his department.
In a session of Parliament Simmons pressed for a vote on proposed regulations without more delays. He said the commission, which is now fully staffed with his people after months when he tried to get the former commission to resign, will work hand in hand with the Attorney General to write and enact rules.
He said, “The Attorney-General’s Chambers and the commission have agreed that for expediency and without sacrificing due diligence in the drafting process, the prudent way forward would be to complete the drafting and enactment of the regulatory package, under the negative resolution procedure, in three phases.”
Simmons has asserted that past members of the commission caused the delays in finalizing regulations, saying they were unable to cooperate to write regulations to give to the Attorney General.
“Part of the delay was the unwillingness of members to work together to get a set of regulations that both the Gaming Commission and the Attorney-General’s Chambers could agree on,” said Simmons.
He added, “Under new leadership, the Bermuda Casino Gaming Commission is working with the Attorney-General’s Chambers, via my ministry as the instructing government body, to ensure that these regulations are enacted without further delay.”
The man Simmons spent months trying to oust, former BCGC Chairman Alan Dunch, disputed much of what Simmons said. He claimed that the real problem “was beyond the curtilage of the commission itself.” He said proof exists that the commission did all the things that Simmons claimed it had not done—and did them a year ago.
Dunch said the commission submitted a draft of 19 sets of gaming regulations and asked Parliament to approve them. He said he was surprised it took the ministry so long to submit them.
Dunch told the Royal Gazette: “The regulations were presented in a manner which should have enabled immediate tabling before Parliament so as to have a comprehensive regulatory process in place prior to the license applications process being completed.”
