The manner in which top policeman Wayne Perinchief was axed was illegal, a lawyer told a court yesterday.

And Delroy Duncan said the Supreme Court was not concerned whether the policy to shake-up the Police force was correct -- just whether it was legal to abolish Mr. Perinchief's role as assistant commissioner for crime, as well as three other senior posts, in the way it was done.

Mr. Duncan told Puisne Judge Norma Wade: "We are dealing here with an ultra vires (above the law) decision plain and simple.'' Mr. Perinchief, 54, is asking the court to quash the decision which forced home to retire, thereby terminating his appointment.

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

Mr. Duncan said: "Each of the four respondents and collectively had no authority in law to make the decision which they made, hence the decision is an ultra vires decision which falls squarely in the lead of illegality which has been defined by Lord Diplock.'' He added Mr. Perinchief had not been given the opportunity to be heard before effective decisions were made.

Mr. Duncan said: "As far as procedural impropriety is concerned, it could be called natural justice.

"It's not for the courts to decide whether a particular policy or decisions taken are fair -- they are only concerned with the manner in which these decisions are taken.'' He added the courts must look at the nature of the decisions and relationship of those on either side before the decision was taken.

Mr. Duncan claimed that a Minister made a decision not to consult with the unions and that the axing of Mr. Perinchief had "no statutory underpinning.'' And he quoted previous cases in England and the Cayman Islands to back up his position that even the executive decisions of the Governor -- who exercises the personal authority of the Queen -- could be subjected to judicial review, although the Queen was exempted because she was the source from which Ministers and others derived their powers.

Earlier, the court heard that Mr. Perinchief, who joined the force more than 30 years ago, had had a distinguished career.

He amassed a wide range of professional education and training, including a command course in the UK designed to prepare senior officers to lead a force.

But Mr. Duncan said after new Commissioner Colin Coxall and his deputy Michael Mylod arrived, Mr. Perinchief was interviewed and asked if he would be interested in early retirement with an enhanced benefits package.

Mr. Duncan said Mr. Perinchief had said he wanted to serve until he reached the normal retirement age of 60.

And he argued that previous decisions on the strength and make-up of the force had been taken by the legislature, as stated in the Police Act and subsequent amendments.

But Mr. Duncan said his client got a letter after his interview with Mr.

Coxall and Mr. Mylod saying that his post had been abolished, along with three others, on the advice of the Public Service Commission.

Mr. Duncan said his client did not know who was in the Cabinet at the time the decision was made, so the Attorney General had been named.

He added the decision to axe Mr. Perinchief was backed by the Governor, so he had been named in the writ as well.

Mr. Duncan is expected to conclude his arguments today. The hearing continues.

WAYNE PERINCHIEF -- Asking court to overturn move which forced him to retire.

POLICE POL