A black Bermudian Airport Customs officer has lost his six-year battle to prove that he failed to land a promotion due to discrimination.

Troy Caines had been a Customs officer for 19 years when he applied for the Assistant Collector of Customs position in 2002.

He filed his complaint of discrimination against the Public Service Commission, the Department of Human Resources, Winifred Fostine-DeSilva, the Collector of Customs, and the Minister of Finance, to the Human Rights Commission in January 2003.

The job eventually went to a white Canadian woman, Joan Crown, in March 2003. A tribunal dismissed the case in October 2006 nearly a year after the end of the conclusion of the evidence hearing saying there were no grounds of discrimination.

On Wednesday Mr. Caines lost his court appeal and his wife Jennifer told The Royal Gazette he was treated unfairly throughout the process.

In particular because he was able to access very few official documents about his own case from the Government.

Former Governor Sir John Vereker had taken the unusual step in what the tribunal said "had a chilling effect" issued an order known as a fiat to prevent information being disclosed about how the job was appointed.

"This is something that should frighten many Bermudians," said Mrs. Caines. "It's not just a loss for Troy Caines."If they did it to him then what will they do to others?"

Mr. Caines' lawyer, Mark Diel said he was also disappointed and claimed the issuing of the fiat by Sir John Vereker was "extraordinary" in a human rights case.

"It's never been done before," said Mr. Diel. "The fiat is done by the Governor and I hope we don't see any more of these in the future."

The first fiat was issued on September 30, 2005, which meant all documents relating to the non-appointment of Mr. Caines were privileged and their production was not in the public interest.

A second fiat was issued by the Governor in October waiving privilege for documents already disclosed to the public, but extending it to include documents relating to the appointment of Mrs. Crown.

In his ruling onWednesday, Chief Justice Richard Ground said it was quite clear it was the Commission that had taken up the matter with the Governor after the first two hearings dealing with discovery and procedural issues.

He said the fiat had been within the Governor's constitutional right and that no adverse inference should be made about the order.

Mr. Justice Ground said: "The Constitution describes the confidentiality of the Public Service Commission's deliberations and communications as a 'privilege'.

"As with any exercise of privilege it would, therefore, be wrong to draw an adverse inference from its exercise."

The Chief Justice also threw out the case because there was no proof the proper parties had not been included in the appeal or that Mrs. Crown was not qualified.

Mr. Caines was not ordered to pay costs because Mr. Justice Ground said he had used the system in the manner it was intended.