Allegations that Elbow Beach manager Bill Shoaf breached Human Rights legislation by making racist remarks have been dismissed by an independent commission.

But while the Human Rights Commission found that technically Mr. Shoaf did not break the law, it has ruled that there is "overwhelming and credible evidence against him''.

And in a report into its findings delivered yesterday, the Commission implied that even though it is powerless to act, Mr. Shoaf should face disciplinary action from the hotel's owner.

Three middle managers -- a white Bermudian, a black Bermudian and a white non-Bermudian -- claim that Mr. Shoaf made a racist comment during the controversial World Conference of Mayors held at the hotel last November.

During a meeting with the three, Mr. Shoaf was alleged to have said: "I have artwork in the lobby... f***king garments that they are selling in the lobby. Next they'll be frying chicken on the front steps.'' Mr. Shoaf and resident manager Perry Robinson, who was also at the meeting, consistently denied that the remark had been made.

But finding the three complainants to be "truthful individuals without ulterior motives'', the Commission questioned the evidence of Mr. Shoaf.

"The investigator found the complainants... to be creditable witnesses,'' the report said.

"On the other hand, Mr. Shoaf's denial is in essence dependent on the corroborating evidence of Mr. Robinson.

"The investigator found Mr. Robinson's memory to be faulty, if not selective.

He could not remember who was at the meeting. He could not remember if the persons were all standing or seated. He could not remember when Mr. Shoaf left the meeting.'' In its conclusion, the report found: "There is a strong prima facie case that Mr. Shoaf did make the comments in question. These comments were offensive in that they disparaged theAfrican- merican mayors and organisers of the conference on the ground of their race.'' But the report added that because the statements were not made at a public meeting or in a public place and because there was no evidence that there was intent to promote ill will or hostility, no offence under the Human Rights Act had been committed.

"The Human Rights Commission finds that although the words uttered offend the spirit and intent of the Human Rights Act, no breach occurred,'' the reported states.

HRC delivers ruling "The Commission would note however... good practice would seem to dictate that employers establish and enforce codes of conduct under which comments such as those which Mr. Shoaf apparently made constitute a disciplinary offence.'' Mr. Shoaf made headlines last month when it was revealed that Immigration officials had failed to renew his work permit which had expired at the end of last year.

The Royal Gazette understands Immigration Minister Paula Cox, aware of the Human Rights Commission's investigation into Mr. Shoaf, was reluctant to have the permit renewed.

A temporary six-month renewal was approved at the last minute after the hotel's owner threatened to shut down the resort completely.

TOURISM TOU