Wayne Perinchief's superiors had a duty to act fairly and give him an opportunity to have a say in the decision that resulted in his forced retirement, his lawyer said yesterday.

Delroy Duncan argued before Puisne Judge Norma Wade that the principles of natural justice dictated his client's right to be heard because the decision involved his own employment.

And he said there was a procedural flaw in the process which meant that Mr.

Perinchief's position was unlawfully abolished.

Mr. Duncan ended his submissions in the civil case yesterday morning.

Mr. Perinchief, 54, is asking the court to quash the decision which forced him to retire from his post as assistant commissioner for crime in the Bermuda Police Service, 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 that an improper procedure was followed and it had the effect of robbing Mr. Perinchief, a former assistant commissioner, of his job.

He said Mr. Perinchief had a reasonable expectation he could work in the Police Service until age 60.

However, it appeared the Police Commissioner Colin Coxall decided Mr.

Perinchief was to be made redundant.

Mr. Duncan also said Mr. Coxall then advised Cabinet of his decision and they followed up by abolishing two of the assistant commissioner posts.

The Public Service Commission then became involved, Mr. Duncan asserted, and made the final recommendation to the Governor.

Mr. Duncan said the entire issue of Mr. Perinchief's forced retirement was a proper area for the Supreme Court to look at because it was a question of policy.

He said it was not his intention to ask whether the Bermuda Police Service strategy -- the policy to shake-up the Police force -- was correct.

Instead, he said, the focus of the hearing was on the question of whether it was legal to abolish Mr. Perinchief's role as assistant commissioner for crime, as well as three other senior posts.

Mr. Duncan added that if the court found in the applicant's favour they will seek to have the decision quashed without the requirement that Mr. Perinchief be reinstated.

Replying for the Crown, Solicitor General Barrie Meade contended the decision to reduce the size of the Police force was a managerial decision and should not be before the Supreme Court.

He contended none of the principals involved acted illegally or unfairly and stressed Mr. Perinchief's "coercive retirement'' was not dismissive and in no way impugned the plaintiff's character.

It could also be argued, said Mr. Meade, Governor Waddington was exercising the Crown's exclusionary powers based on section 107 of the 1967 Bermuda Constitution Act and was therefore acting "intra vires,'' or within his powers. The court, he maintained, will have to determine whether the deci sion to retire Mr. Perinchief was within or outside the law.

Mr. Meade conceded there was a "technical breach'' because Mr. Perinchief's post was abolished by Cabinet as it debated a budgetary appropriations bill three months before it received legislative authority, an admission that prompted Mrs. Justice Wade to respond: "Just how does one cure a technical breach.

"I have trouble accepting that a post can be abolished through a money bill,'' she said.

"The fact is Government has got to govern,'' Mr. Meade responded, noting that Mr. Perinchief had received a generous financial settlement and even if eliminating a post in an appropriations bill was not correct, it was merely a technical impropriety.

"But he's claiming it's ultra vires and this effects him fundamentally and he has a right to be heard,'' said Mrs. Justice Wade.

"Does every civil servant who loses his job have the same right?'' replied Mr. Meade.

The case continues today.

POLICE POL