The Bermudian who claimed Government was wrong to appoint a New Zealander instead of him as Marine and Ports Director lost his court case yesterday.

However, Puisne Judge Charles-Etta Simmons said in her judgment that procedural irregularities had occurred by circulating the vacancy overseas before advertising it in Bermuda.

Bermudian Assistant Director Michael Dolding sued the Public Service Commission after he claimed it did not follow the correct procedure.

The Director's role was given to present incumbent Barry Coupland while Francis Richardson was appointed as Director Designate.

Mr. Dolding, 55, had worked in Marine and Ports since 1979, mostly at a senior level.

Earlier Mr. Dolding's lawyer Saul Froomkin had said there were a catalogue of unconstitutional, unfair and unreasonable flaws in the interview and appointment procedures.

They included:

The interview panel had members constitutionally prohibited from being on it;

Application forms were sent overseas before the post was circulated to Government departments;

That Mr. Dolding had the experience and qualifications for the post;

As a Bermudian he should therefore have been given it; and,

Mr. Coupland did not fulfil the job requirements as he had no formal management training.

Mrs. Justice Simmons said: "Bringing the vacancy in the post of Director to the attention of the Airways Corporation in New Zealand without first advertising that post in Bermuda ran contrary to regulation 11 (of the PSC code) and therefore amounted to a procedural irregularity."

She said the Public Services Commission (PSC,) which made the selection, could not have ruled out Mr. Dolding as unfit for the post because they had yet to consider the issue.

Mr. Dolding's lawyer Saul Froomkin had said it was unfair of the PSC to not appoint Mr. Dolding given his qualifications, experience, seniority and performance appraisals.

Mrs Simmons said: "I do not agree. While I have opined the scheme is primarily designed to protect the interests of Bermudians, this does not equate to a particular Bermudian having a right to appointment."

She said Civil Service general orders stated no one was entitled, as of right, to promotion.

She said Mr. Dolding, who had acted as Director on a number of occasions, should have been aware of that.

Mr. Dolding had indicated then Permanent Secretary Herman Tucker had held negative views on him.

But the judge said the PSC had all the relevant information and that Mr. Dolding had been interviewed before Mr. Coupland with the PSC deciding Mr. Dolding was not suitable.

It was difficult to see what loss Mr. Dolding had suffered, said the judge ? even if Mr. Coupland had been interviewed after the closing deadline.

She added: "It would be contrary to the scheme and to the principals of separation of powers for me in any event to trespass on the executives or the legislature's powers and direct the PSC the recommend the plaintiff for appointment."

A disappointed Mr. Dolding said:"This is a sad day for Bermuda. This issue was never about my competence or ability for the post of Director of Marine and Ports. It was about the colour of skin and political connection. In the new Bermuda they are going to do their own thing."

He claimed the case had shown senior public servants can and do abuse and manipulate the system to suit their purposes without accountability.

"The last two years have been very difficult for both my family and I, and has been made all the harder because I have been regularly harassed and excluded at work by my managers directly because I made a stand for what I know to be right."