Supreme Court heard yesterday that the application procedure was tainted in the case of a Bermudian man claiming he was overlooked for a Government position.

Michael Dolding is suing the Public Service Commission (PSC) after he claimed it did not follow the correct procedure with applicants for the head director position at Marine and Ports.

The case resumed yesterday with Queen's Counsel Saul Froomkin, who is representing Mr. Dolding, submitting that the procedure PSC adopted was "a sham".

Mr. Froomkin said that Herman Tucker who was the permanent secretary of PSC, had sat on the interview panel and did not want Mr. Dolding to get the post. Mr. Froomkin said he had also sent the job advertisement to Barry Coupland in New Zealand.

Mr. Coupland, a non-Bermudian, is currently training Bermudian Francis Richardson who was appointed to the position of director designate while he undergoes his training.

"Mr. Tucker sent a job application to Mr. Coupland months before Ron Ross, the former director, was to retire and months before an advertisement was posted in Bermuda," Mr. Froomkin said.

"Mr. Tucker controlled these proceedings from beginning to end and he had made his mind up many months before that Mr. Dolding was not getting the job."

Mr. Froomkin said that Mr. Tucker had chosen the other two members of the interview panel and had told the panel his thoughts about Mr. Dolding.

"From the very start, Mr. Tucker didn't want Mr. Dolding to get the position and he gave his negative views to the panel," Mr. Froomkin said.

Solicitor general Wilhelm Bourne submitted earlier to the court that Mr. Tucker was required to make decisions on application submissions, as he was the permanent secretary.

"Mr. Tucker held the opinion that Mr. Dolding was not the person he would recommend for the position, whether his opinion is right or wrong he is still the one to make the appointment," Mr. Bourne said.

On Monday, Mr. Bourne had said that the commission could hold interviews if they deemed them necessary. But yesterday Mr. Froomkin submitted that even though there was no requirement for interviews, if they were performed, they should be done within the PSC.

Mr. Froomkin said the Bermuda Constitution established the PSC to appoint government posts and the commission should be "independent, politically partial and undertaken in the strictest of confidence".

Ianthia Wade, who was director of personnel services and sat on the interview panel, was a witness in the case last month. Ms Wade said that the panel had only been acting on behalf of PSC.

The case is set to continue at a later date.