The wife of a Customs officer who was banned from seeing documents after he lodged a human rights complaint said yesterday that freedom of information legislation was desperately needed in Bermuda.

Jennifer Caines could only sit on the sidelines and watch as her husband Troy fought for the Assistant Collector of Customs position he applied for six years ago.

Though he had 19 years experience in Customs at the time and a bachelor of science in Management Studies and an MA in Finance, Mr. Caines was not promoted.

He claimed that an advertisement for the position internally required a 'bachelor's degree in Business/Management Sciences' while the advertisement abroad added the word 'equivalent'.

Joan Crown, a white Canadian who was eventually appointed, had a bachelor's degree in Italian and English.

A tribunal, held after Mr. Caines lodged a complaint with the Human Rights Commission, concluded that the state of labour relations and the errors in advertising the post may have led to Mr. Caines believing he was discriminated against.

Mrs. Caines, however, feels that when Governor Sir John Vereker ordered a banning of further document disclosure in the case (known as a fiat) he unfairly targeted her husband.

She said if Bermuda had the freedom of information or public access to information (PATI) law it has long been promised her husband could have accessed the documents concerning the promotion process.

She said: "The fiat wouldn't be necessary if it was a fair process. They never gave a reason. They issued the fiat once they got what they wanted.

"Was it fair if the governor issued a fiat? If we look at the whole picture this man was treated unfairly all along.

"There's no point in putting policies and practices, rules and regulations if they are not going to follow them themselves. That's why we need to open the process up. A fiat contravenes the human rights process."

Mr. Caines filed a complaint against Public Service Commission, the Department of Human Resources, Winifred Fostine-DeSilva Collector of Customs and the Minister of Finance.

But after the first two days of the tribunal in 2005, which included evidential hearings, Governor Sir John Vereker ordered the fiat quashing further access to documents pertaining to Mr. Caines' case.

Mark Diel, Mr. Caines' lawyer, said yesterday he was concerned that this was the first time a fiat was ordered and seemed contrary to what a human rights tribunal is supposed to do.

Mrs. Caines supports this newspaper's A Right To Know: Giving People Power campaign, which calls for PATI to be tabled in parliament this year.

Freedom of information acts around the world help the public access documents and information about them.

One example of this is the FOI Act 1997 in Ireland, which allows a person access to official records held by both the Civil Service Commissioners and the Local Appointments Commissioners.

Mrs. Caines said: "Transparency and openness is all we are seeking. They need something in place for civil servants. We don't have access to the documents."