Claims that a qualified Bermudian was passed over when a New Zealander accepted an important Government post were taken to Supreme Court this week.

Queen's counsel Saul Froomkin is representing former Marine and Ports acting director Michael Dolding in his suit against the Public Service Commission (PSC).

Mr. Dolding started legal action against Government in February of 2002 after he lost out on his bid to become Marine and Ports director - a post which was later filled by New Zealand's Barry Coupland. Mr. Dolding, 54, was formerly the assistant director of the department for five years, having worked there in total for 23 years. He is suing the PSC, represented by solicitor general Wilhelm Bourne of the Attorney General's chambers, on the grounds that it did not follow the correct procedure when searching for a new director after the retirement of former director Ron Ross. PSC did not interview Mr Dolding for the post.

Instead Francis Richardson, 37, who has also worked in the department for a number of years, was appointed designate director and was expected to take up the position in three years' time after being fully trained by the current head, Mr. Coupland. Mr. Coupland's three-year contract ends on February 25, 2005.

Mr. Coupland's presence in the equation led Mr. Dolding to argue that not only was the correct process not followed, but a non-Bermudian was given the interim post over a Bermudian at a time when Government is claiming it wants to Bermudianise the workforce.

The trial began in Supreme Court One on Tuesday before Assistant Justice Charles-Etta Simmons. Both Michael Dolding and Ron Ross have already testified this week, with Barry Coupland taking the stand on Wednesday and Thursday to discuss his qualifications.

"This is beginning to sound like an interview for a job," said Ms Simmons before the morning break.