Log In

Reset Password
BERMUDA | RSS PODCAST

Meade: Perinchief not within rights

Perinchief, then the proper course will be for him to seek a civil remedy, a Supreme Court heard yesterday.

Solicitor General Barrie Meade said that Mr. Perinchief's desire to have the decision that made him redundant quashed by the courts was not the proper way to seek redress.

Mr. Meade said that the only effect of such an outcome would be a "criticism'' of the process which would only be a political move and thus an improper use of the court's power.

He said the courts should interfere only if the decision was found to be illegal, irrational or if any kind of procedural irregularity was seen.

Moreover, Mr. Meade said that while the Secretary to the Cabinet may have "acted prematurely'' when he told the Public Service Commission that Wayne Perinchief's position had been abolished, this amounted to a technical difficulty.

And consequently he suffered no harm either to his reputation, liberty or fundamental human rights.

As a result Mr. Meade said that Mr. Perinchief has only one possible route to redress if his case is proved, which is to seek a financial solution.

Mr. Perinchief, 54, is asking the court to quash the decision which forced him to retire from his post as Assistant Commissioner for Crime as part of a restructuring of the Service.

The civil suit before the court names Governor Lord Waddington, the Public Service Commission, the Attorney General and Police Commissioner Colin Coxall.

Delroy Duncan, who is representing Mr. Perinchief, has argued that an improper procedure was followed and it had the effect of robbing him of his job.

He said Mr. Perinchief's superiors had a duty to act fairly and give him an opportunity to have a say in the decision that resulted in his forced retirement.

But Mr. Meade said the duty to treat Mr. Perinchief fairly did not include his right to a hearing.

All it required, he said, was for him to be offered a chance to work in a comparable position elsewhere in the civil service or offered an "adequate'' retirement package.

If the financial package was inadequate, he said, a writ was the proper vehicle to find a solution.

The case continues on Monday before Puisne Judge Norma Wade.