A top Police officer is poised to take legal action over his failure to be confirmed in a higher rank.

Chief Insp. Larry Smith is to sue the Commissioner of Police, the Public Service Commission and the Governor for damages because he was passed over for promotion to Superintendent -- after he had had served for six months in an acting role.

Yesterday he declined to comment on the court action and referred questions to his lawyer, Delroy Duncan.

Mr. Duncan, who is handling the case for Chief Insp. Smith, confirmed that the senior officer was to sue.

Mr. Duncan said: "There is a claim for damages, to be quantified by the court.'' He added: "In order to assist in getting the remedy, he is seeking a declaration that the Commissioner of Police and/or the Public Service Commission breached the rules of natural justice by making a recommendation to the Governor that he not be confirmed in the position without giving him the opportunity to be heard.

"He is simply saying he wasn't given that opportunity to be heard as to why he shouldn't be promoted -- he wasn't given the opportunity to explain his side of the story.'' The original action, which asked for damages and claimed wrongful dismissal from the rank of Superintendent, named the Commissioner only. But Chief Justice Austin Ward gave permission to add the PSC and the Governor to the list of respondents after a hearing earlier this month.

Chief Insp. Smith was promoted to Acting Superintendent rank on a probationary basis in November, 1995.

Top Policeman to sue Governor But in May of the following year, Chief Insp. Smith was told by then-Commissioner Colin Coxall that he would not be confirmed in the post and he reverted to his rank of Chief Inspector.

Chief Insp. Smith is currently top man in the force's traffic department and National Traffic Coordinator.

It is understood the case will rely heavily on the judgement handed down by the courts in the 1996 case of axed Assistant Police Commissioner Wayne Perinchief, who was represented by Mr. Duncan and top English lawyer Lord Lester.

Mr. Perinchief -- now signed up as a prospective Parliamentary candidate for the Opposition Progressive Labour Party -- won a massive, but undisclosed, cash award after he went to the courts.

A Supreme Court judge ruled that Government had not passed legislation to vary the strength of the force before recommending Mr. Perinchief's job, and that of Superintendent George Rose, be axed. Government has since changed the law.

The judge added that the PSC had acted on an illegal recommendation, as had then-Governor Lord Waddington, and the post had never been legally abolished.

And she added Mr. Perinchief had not been allowed to argue his corner before his job was abolished.

After the Pernichief ruling, Chief Insp. Smith's then-lawyer Julian Hall said the judgement backed his client's claim.

A Police spokeswoman yesterday declined to comment on the case on the grounds that the matter was likely to come before the courts.

COURTS CTS