Former Attorney General Phil Perinchief's battle over the election of British lawyer Barrie McKay as Solicitor General continued yesterday in the Court of Appeal as Mr. Perinchief sought application for leave to bring proceedings against the Government.

Mr. Perinchief applied for the position last year, but was informed in April of that year that his application was denied. On December 3, the former PLP senator applied for a judicial review, arguing that he was denied the position for political reasons. The application was denied by a Supreme Court judge in February on the basis that more than six months had passed since the decision was made.

Yesterday, Mr. Perinchief's lawyer, Delroy Duncan, argued that his application for judicial review could not have started sooner because he was unaware the position had been filled.

"Prior to July, there was no way in law to gain information on the decision," said Mr. Duncan. "If there is an important public interest, then there is a relevant reason for delay. Part of the reason for the delay was inability to receive the results."

It was also argued by Mr. Duncan that Supreme Court Judge Geoffrey Bell failed to properly balance the merits of extending the time limit on requesting judicial review, including the strength of the claim and the public interest.

"It's one thing to talk about judgments, it's another thing when there's been a four-day hearing and a 16-page judgment and neither touch on these two major issues," said Mr. Duncan.

Court of Appeal Judge Sir Robin Auld criticised Mr. Perinchief's failure to follow up on the filling of the position after his rejection, arguing that promptness is key in judicial review.

"The longer you leave it, the greater the damage to the public interest," said Sir Robin.

At the heart of Mr. Perinchief's complaint are allegations that Mr. McKay's appointment was unlawful because he was selected over Mr. Perinchief, the only Bermudian applicant for the job.

"If the Bermudian is fit to be employed, then he should be employed," said Mr. Duncan.

The official reasons for Mr. Perinchief's rejection from the position have not been released.

"The reality is that when you're considering litigation, you have very limited means when coming against the government," said Mr. Duncan.