An airport customs officer is taking the Government to task for discriminating against him three years ago when he applied for ? but did not get ? the position of Assistant Collector of Customs.

Troy Caines took the matter to the Human Rights Commission in 2002 on the grounds of discrimination based on country of origin and race, claiming the foreigner who was eventually hired for the post was unqualified. His case is being heard by a Tribunal which started yesterday. But the matter was adjourned after less than three hours after documents were not made available by the Governors? office.

Mr. Caines? lawyer, Mark Diel said yesterday that his client applied for the post of Assistant Collector of Customs, and surpassed the educational requirements for the position.

He said Mr. Caines did however not meet the managerial requirements that were set in Bermuda and consequently the search was extended abroad.

One educational requirement, he said, was a Bachelor of Arts in managerial science, or equivalent.

Mr. Diel said: ?They went abroad and hired someone who has a degree in English and Italian ? need I say more? adding that this was the basis of Mr. Caines? complaint.

He said he made an application for ?discovery of documents? from the Public Service Commission three weeks ago.

The documents, he said, were vital if Mr. Caines was to receive a fair hearing.

But the Governor issued an order prohibiting the disclosure of documents, which meant that Mr. Diel and the Tribunal cannot have any documents which relate to the application because, as Mr. Diel said, it was deemed ?contrary to public interest?.

?It would harm national defence and, no disrespect to my client, but we?re not talking about nuclear missiles, we?re talking about why my client did not get the job of assistant collector of customs,? Mr. Diel said.

He said the problem he and the Tribunal had, was that the Governor made this prohibition so ?wide? that no one had any idea which documents were referred too.

He said he wondered why the Public Service Commission requested the Governor to sign an order prohibiting the disclosure of any documents in the first place.

The matter was adjourned to tomorrow when Tribunal Chairman Kim White will meet with Mr. Diel and the lawyer for the Attorney General?s office, Melvin Douglas, to discuss the issue.

Mr. Douglas said he needed time to discuss the matter with the Governor, who returns to Bermuda this afternoon. A date for the hearing will only be determined after this meeting.