Cabinet Secretary Leo Mills "acted prematurely'' when he informed the Public Service Commission, before the necessary legislative authority had been obtained, that Wayne Perinchief's position had been abolished.

And as a result, Solicitor General Barrie Meade said in Supreme Court yesterday, the exercise cost taxpayers $60,000 more than it would otherwise have.

Mr. Mills also neglected to include with his letter to the PSC a document from Police Commissioner Colin Coxall which outlined the basis for the recommendation that Mr. Perinchief and Supt. George Rose be made redundant.

The Commissioner said in his report that of the two assistant commissioners Mr. Perinchief was made redundant instead of Harold Moniz because he lacked Mr. Moniz's overall experience.

Mr. Coxall also noted Mr. Perinchief had limited operational, executive and administrative experience and a lower standard of work performance compared to Mr. Moniz.

"There have been procedural errors, that cannot be denied,'' Mr. Meade said.

"But the fact of the matter is that it is unlikely there could have ever been another decision in this case.

"Cabinet determined that the post of assistant commissioner for crime be abolished. There can be no doubt that at some point the approval would have been forthcoming.'' Mr. Meade said that Cabinet was within its power to abolish Mr. Perinchief's post.

And Cabinet was not accountable to the courts for its actions, he said.

Ultimately, he said, accountability for Cabinet decisions rested in Parliament.

Similarly, he said, the PSC was legally on par with the Supreme Court and its actions were not subject to judicial review.

"The Public Service Commission, if it acts according to its own regulations, has a wide degree of immunity,'' he continued.

"It has status closely analogous to the Supreme Court ... the court can review its decisions only if it fails to give a fair hearing or acts outside of its jurisdiction.'' Mr. Meade agreed the PSC decision which recommended to the Governor that Mr.

Perinchief was to be retired was "the effective decision'' which was binding on the Governor to grant.

But he added that decision was based on a prior error that Mr. Mills, acting in his capacity as head of the civil service, made.

Mr. Mills acted as if the Cabinet resolution to abolish Mr. Perinchief's post was actual, when in fact it was just a second step in a set of procedures that needed new legislation to be passed first.

Mr. Mills was supposed to include a document from Mr. Coxall explaining who was to be made redundant and Mr. Coxall's own observations.

He said Mr. Perinchief did not suffer any prejudice as a consequence of the oversight and he has received a substantial financial settlement.

"Procedural impropriety is serious,'' Mr. Meade argued. "And so are errors of law and procedure. When the decision was acted upon before it had legal effect, that was also serious.

"But the order to quash that decision has no effect. There was no unfairness that took place ... had the PSC considered all in the proper order and if they had a hearing from Mr. Perinchief, they still would have reached the same conclusion.'' Mr. Perinchief, 54, is asking the court to quash the decision which forced him to retire.

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

The case continues this morning before Puisne Judge Norma Wade.

POLICE POL