All of the applicants in the case of a qualified Bermudian passed over for a Government post were treated fairly, Supreme Court heard yesterday.

Michael Dolding is suing the Public Service Commission (PSC) after he claimed they hired a non-Bermudian, Barry Coupland, for the position of Marine and Ports director and overlooked him. Mr. Dolding also claimed that PSC had not used the correct procedure when choosing a qualified director.

Mr. Dolding began his suit in February against the PSC and it continued yesterday with submissions after a month adjournment.

Yesterday solicitor general Wilhelm Bourne submitted that Mr. Dolding had been fairly treated during the application process.

Mr. Bourne said that the regulations that PSC had to follow during the process of reviewing applications was reasonably done citing that they had circulated advertisements for the post and that they had the discretion to proceed with interviews however they deemed necessary.

PSC had also recommended the post to the Governor, as is the regulation, Mr. Bourne said, and the Governor appoints the position.

Mr. Bourne also said the interview panel consisted of three people and it was a fair procedure because not just one person was making the decision. Plus, all of the applicants had been exposed to the same process.

"PSC acted within regulation and whatever legislation has been given PSC should be allowed to use their own discretion," Mr. Bourne said.

In February, Marine and Ports announced that Francis Richardson would be the designate director and when fully trained would take over the head position.

Mr. Richardson, a Bermudian, had worked his way up through the ranks and was in training under Mr. Coupland.

Mr. Dolding had experience at Marine and Ports and formal management training and he believed he should have been the candidate rather than bringing in a non-Bermudian for the position.

Submissions resume today before Assistant Justice Charles Etta Simmons.