commissioner Wayne Perinchief redundant and send the entire case back to the Public Service Commission, his lawyer urged yesterday.

And, Delroy Duncan argued, Government should not be allowed to profit from its own wrong-doing.

Mr. Duncan was replying to Solicitor General Barrie Meade's assertion that the proper course would be for the Supreme Court to make a finding that said it would have quashed the decision if there were not the unsavoury effects that would flow from it.

Among these effects, Mr. Meade said such an order would be detrimental to good Governmental administration and it would also require Mr. Perinchief pay back the $183,222 lump sum payment he received as well as the $3,664 per month pension he has received since January 1.

But Mr. Duncan countered: "If no order is made then the decision stands and is seen as valid and legal when Mr. Meade has conceded that it was not.

"There was more than procedural impropriety,'' he added. "It was an illegality which should not be condoned.

"A procedure was adopted that caused my client some detriment because he is no longer working for the Police Service. It is a matter of his life and livelihood.'' Mr. Duncan also argued the Supreme Court should make a decision in fairness to the person affected by the decision.

Mr. Perinchief, 54, is asking the court to quash the decision which forced him to retire, thereby terminating his appointment.

The civil suit before the court names Governor Lord Waddington, the Public Service Commission, the Attorney General and Police Commissioner Colin Coxall.

Mr. Duncan has said an improper procedure was followed and it had the effect of robbing Mr. Perinchief, a former assistant commissioner, of his job.

Essentially, Mr. Duncan said, both Leo Mills as secretary to the Cabinet and Judith Hall Bean as secretary to the Public Services Commission acted unlawfully when they assumed Mr. Perinchief's position had been abolished.

As a consequence, Mr. Mills advised the PSC the post had been abolished and on that basis the PSC and the Governor both acted and forced Mr. Perinchief to retire.

However, Mr. Duncan said, both the Governor's and the PSC's decisions were based on that initial illegality.

On that basis the decision that terminated Mr. Perinchief's employment was invalid and should be quashed.

Mr. Meade countered the effect of such an order would mean Mr. Perinchief was still a serving Police officer and was thus not entitled to the lump sum payment he received.

Moreover, it followed that since the lump sum payment was now invalid, it would have to be repaid.

"In the fullness of time the post will be lawfully abolished,'' Mr. Meade said. "But at this time it has not been abolished.'' Nevertheless Mr. Meade said the court should not quash the original decision because it was based on policy changes in the Bermuda Police Service, and there was no evidence that the error of law on which the decision was based, had a detrimental effect on Mr. Perinchief.

Puisne Judge Norma Wade will deliver her ruling in due course.