The termination of a Trinidadian Police officer from the Bermuda Police Service and the process preceding it were both deemed fair by Puisne Judge Geoffrey Bell yesterday.

Richard Williams, a Police officer with the Police service of Trinidad and Tobago, applied for a job with the Bermuda Police Service in 2003. His contract was to be for five years, and Bermuda Police Commissioner Jonathan Smith took the view that to fulfil the services of the contract Mr. Williams would have to resign from the Trinidadian force.

While Mr. Williams initially agreed, he later became concerned that his resignation could cause him difficulties, and sought a five year leave of absence instead.

In a letter detailing a conditional offer to Mr. Williams, his resignation from the Trinidadian force or a five-year release from service was deemed necessary for him to fulfil the terms of his contract.

The Trinidad and Tobago Ministry of National Security was only able to grant him an initial leave of three years, however, saying an application could be made in the future for a further two years of absence. That application, a letter from the Ministry implied, was a mere formality.

That was not good enough for the Commissioner, however, who made a recommendation to the Public Services Commission (PSC) to terminate Mr. Williams' contract. The PSC accepted his recommendation, and the contract was terminated.

Mr. Justice Bell agreed with that recommendation and decision.

"The general rule is that a party to a contract must perform exactly what he undertook to do," he said. I find that the Commissioner was entitled to insist upon full compliance with the condition and that Mr. Williams did not establish such compliance."

The originating summons put forward in the matter by Mr. Williams' lawyer Venous Telford, however, called for the Commissioner's recommendation and the PSC's decision to be quashed, arguing that the under the Constitution the roles should have been reversed.

Mr. Justice Bell disagreed.

The power to exercise disciplinary control over those in public service is vested in the Governor, who acts in accordance with the recommendation of the PSC, he said.

Under the Constitution, the Governor's power can be designated. In this case, it rightfully could be and was designated to the Commissioner.

The Constitution also says that any power delegated can be exercised by the person it is delegated to without reference to the PSC.

"As (Solicitor General Wilhelm) Bourne submitted, this leaves a discretion with the Commissioner to act with or without reference to the PSC.

"I accordingly dismiss Mr. Williams' application," he later concluded.

Ms Telford was off the Island for the judgement yesterday and unavailable for comment, while Mr. Williams has already returned to Trinidad.