Former Attorney General Phil Perinchief has launched a lawsuit after he was rejected for the post of Solicitor General in favour of a non-Bermudian.

The 64-year-old lawyer is suing the Public Service Commission (PSC), Governor Sir Richard Gozney and Attorney General Kim Wilson for allegedly "unlawfully" appointing Barrie McKay, from the UK.

Court documents seen by The Royal Gazette reveal that Mr. Perinchief, who lost his Cabinet post after last year's General Election, believes he was the only Bermudian to apply for the $156,000-a-year job and was more than fit for the post but failed to get it for political reasons.

His lawyers Trott and Duncan argue in their application seeking leave to apply for a judicial review: "Mr. Perinchief contends that his earlier, political dismissal as Attorney General tainted the decision-making of the PSC.

"Even though Mr. Perinchief was the only Bermudian who applied to become the Solicitor General, the PSC failed to recommend his appointment to the Governor. Instead, a non-Bermudian, Barrie McKay became the Solicitor General."

They continue: "A Bermudian must be preferred for a post over a non-Bermudian. Mr. Perinchief had to be given preference over Mr. McKay. This is so even if Mr. McKay was more fit for the post than Mr. Perinchief."

Mr. Perinchief worked in the Attorney General's Chambers from 2000 to 2006 as Principal Crown Counsel, when he acted as Solicitor General on a number of occasions.

He became AG in October 2006 but was sacked just over a year later after losing St. George's South for the PLP in the December 2007 General Election. He applied to be Solicitor General in January this year and found out he was unsuccessful in April.

The former Progressive Labour Party senator's lawsuit hinges on a question he was asked by the committee set up by the PSC to interview candidates for the Solicitor General post.

"The committee took into account the relationship between Mr. Perinchief and the incumbent political Attorney General, Kim Wilson, when deciding whether to prefer Mr. Perinchief for the post of Solicitor General," state his lawyers.

"This extraneous matter tainted the selection process. It meant that no matter what Mr. Perinchief's answer was to the questions put to him, the committee was dedicated to finding another candidate. By extension, the PSC adopted these failures, as did the Governor."

They add: "The mere fact that the question was asked demonstrates that the committee was influenced by political motivations."

Lawyers for Mr. Perinchief also argue that Puisne Judge Charles-Etta Simmons should not have been on the selection panel because, as a member of the judiciary, "the separation of powers doctrine inherent in the Constitution was undermined".

Mr. Perinchief is seeking damages rather than to have Mr. McKay's appointment overturned, according to the court papers.

Mr. McKay is understood to have started work in the Attorney General's Chambers in July before being called to the Bermuda Bar in October.

A solicitor since 1985, he previously worked in the UK's Treasury Solicitor's Department and as a senior lawyer to the United Nations Mission in Kosovo.

On the website for the Attorney General's Chambers, he writes: "I am proud to be appointed Solicitor General because it gives me the opportunity to continue my career in public service and to help develop my team of lawyers in providing a high quality of legal services to Government, mindful of the need to protect the public interest and to safeguard and preserve the Constitution of Bermuda and the fundamental rights and freedoms which it enshrines.

"I also pledge to uphold the traditions and high standards of equity, fairness and justice which my post demands."