From Sublect RE MinistemmameArrans Date July 7, 2015 at as AM To AyoJolinsuii Thankyou. MIM Aim w. Dunch jP MJM Limited imtemt '1 innit iimnt 41mm" sum llnmilmanl 11 mi itm mi 1364 myLim i Inmilnm i l'X \m \l l'mfil immum This email contains information from tne law MJM Limited wtnen may be confidential and privileged rne information contained Ill email and any atracnments IS intended only let tne pelsomx) DI ennty named Ill tne message Any disc/L7qu5 Copying dixmbutlon Ur use oltlre contents UNIV: email and any attachments without tne consent ofxuch personls) Ur entity is If yall ate not tne intended please immediately notify MJM unwed by tepiy email or by telepnene delete message and any attaenments and destroy any copies From: Johnson Sent: Tuesday, July 07, 2015 9:32 AM Ian W. Dunch Subject: Re: Minister of Home Affairs Importance: High Mr Dunch Thank you for your note which contains some interesting assumptions Forgive the delayed response - I had some technical challenges which have prevented me from publishing anything in any event Your client is well aware that I am a responsible journalist who puts the public interest above all else On Jul 6' 2015, at 1136 AM, Alan Dunch -- wrote' Mr. Johnso lwrite to you in my capacity as legal counsel of record to the Minister of Home Affairs, the Second Defendant in Supreme Court proceedings currently extant and issued at the instance of the Allied Trust and others. I have been informed this morning that you have come into possession of an affidavit recently sworn and filed in these proceedings by Mr. Michael MacLean. It is unclear to me as to how you came to be in possession of this document and you should be aware that it is wholly improper for the document to have been given to you as it is a private, confidential filing in extant litigation where the rule is that such documents are to remain private as between the parties and ought not to be provided to third parties unless it is necessary to do so in order to further the litigation itself. The person or persons who have provided this document to you, when ascertained, will be liable to answer for contempt of court. Be that as it may, I am writing to you to put you on notice that the affidavit contains unfounded allegations, based entirely on hearsay or second hand hearsay, which are highly defamatory of persons in public office, including the Minister. The allegations are wholly false and untrue and will be dealt with in the fullness of time in the proceedings that are now before the Supreme Court. If you proceed to publish any of these allegations, you will be exposing yourself to an action in defamation for which you will have no defense. The general law is that there is no privilege that attaches to the publication of the contents of an affidavit that has been filed in civil proceedings unless and until such contents are brought up and read out in open court with the result that the publication of defamatory material in an affidavit in advance of any court hearing is actionable. suggest that you seek legal advice immediately so as to ensure that you do not act in a manner that runs afoul of the law. I must ask that you provide me with confirmation and an undertaking no later than me this afternoon that you will take no steps to publish any of the contents of the MacLean affidavit that you have unlawfully come to be in possession of. If you do not, then the Minister reserves all rights to take action against you without notice. Please note that I am copying this email to Mr. Eugene Johnson who is counsel to Mr. MacLean. I am doing so because the consequence of you publishing the contents of his affidavit will redound to his detriment as well in that, as the maker of the defamatory material, he is equally liable with you for the damages that will flow from your publication of that material. I trust the position is clear. AWD Alan w. Dunch jP MJM Limited This-dc Him, 4 Burnaby um 1 PO Box HM 1564 HM FX PrnfilL Bermuda rlii's email conlains [mm lne law Ilrm MJM lelted men may be confidential and pnvl/eged rlie mic/ma!le cantamed in ms email and any attachments is Intended only lai llie person's) or enli'ly named in Me message Any Capymg, aislnliinian or use oltlle contents olthl's email and any attachments wnncin lne consent alsiicn pelsonls) or enli'iy, is pinnilined llyaii nm lne mien-15:1 iecipl'enl, please lmmedlate/y nolily MJM Limi'lea liy reply email or liy lelepncne delete lliis message and any anachmenfi and desiroy any copies