promotion announced in November has not been confirmed.

And lawyer Mr. Julian Hall said yesterday he was concerned that racism was behind the decision not to confirm Ch. Insp. Larry Smith's promotion to superintendent.

"There is a concern that the plan is to promote certain white officers and to discourage senior black officers,'' Mr. Hall told The Royal Gazette .

"It's clear that the pattern has just begun.'' Police issued a one-sentence statement. "This is an internal matter between the Commissioner of Police and the Public Service Commission, and as such we have no comment,'' Deputy Commissioner Michael Mylod said through a spokesman.

Mr. Smith, 47, who is black, was on leave yesterday as he instructed his lawyer, considered his options, and assessed the "very stunning news'' that he received this week, Mr. Hall said.

Mr. Smith received a letter from newly-appointed Commissioner Colin Coxall "telling him that a decision had been taken by the Public Service Commission that he would not be confirmed in the rank of superintendent'', Mr. Hall said.

Six months after promotions are made by the Police, they are either confirmed or not confirmed by the PSC. "Certainly Mr. Smith can think of no precedent for a failure to confirm any person on the force holding such a senior rank,'' Mr. Hall said.

Before Mr. Smith received the letter from the Commissioner, Mr. Coxall and Mr.

Mylod "did raise a few concerns regarding very specific incidents alleged against him'', Mr. Hall said of Mr. Smith, adding that the allegations were cited when Mr. Coxall told him he would not be recommending that his promotion be confirmed.

But Mr. Smith never had an opportunity to answer the allegations, nor had they been proven against him in any court or Police disciplinary body, Mr. Hall said. Mr. Smith expected he would have a chance to answer the charges before the PSC, and the "rules of natural justice'' demanded that he be able to do so.

Mr. Hall has written the PSC to confirm that the decision was taken and ask why the rules by which an applicants are able to answer allegations against them "were so flagrantly violated''.

Mr. Hall would not specify what allegations had been made against Mr. Smith, who most recently has been in charge of Hamilton Police Station.

In February, Police confirmed they were investigating a complaint against Mr.

Smith involving an alleged spitting incident when he was playing soccer while off duty.

In January, Mr. Smith made the strongest statement of any senior officer against the decision to go overseas to hire the force's top two officers, when he told the Gazette : "I don't think we need someone to come here and tell us how to suck an egg.'' Mr. Hall said he did not know whether that comment was related to the decision to cancel Mr. Smith's promotion.

However, "some of us are concerned that there is a racist agenda attached to the appointment of Mr. Coxall and Mr. Mylod'', Mr. Hall said. "This action on its face does nothing to mollify or placate those concerns.'' Mr. Smith has received a Colonial Police Medal for gallantry and a Commissioner's Commendation. If he was not considered suitable for the rank of superintendent, Mr. Hall questioned why he would be encouraged to stay in the senior rank of chief inspector.