black non-Bermudian psychiatrist at St. Brendan's Hospital.

But it heavily criticised the administration practices of the Bermuda Hospitals Board.

The decision, obtained yesterday by The Royal Gazette , concerned claims by Dr. Isaac Ewusi-Mensah that his contract was not renewed last June because of his colour.

The Commission, chaired by Cannon James Francis, found Dr. Ewusi-Mensah's claims were "without merit''.

But it said it had "many concerns'' about the way in which the Board was running Bermuda's two hospitals, especially St. Brendan's psychiatric hospital.

It was noted: "Had administration and employment procedures and practices been clearly devised, defined, implemented and executed, this unfortunate matter would not have occurred.'' The Commission also concluded work permits issued by the Immigration Department revealed "glaring inconsistencies''.

"Permits were renewed whilst existing permits were still valid,'' it found.

"This created frustration and the appearance that the renewing of permits was a deliberate attempt to deceive Dr. Ewusi-Mensah...Permits were not renewed at their anniversary dates.'' Ghanaian Dr. Ewusi-Mensah specialised in the treatment of the mentally disabled and was St. Brendan's longest serving consultant.

The Board, chaired by Mr. Robert (Bob) Tucker, told him the reason he was let go was due to budget constraints and an objective assessment of the needs of residents and patients.

The Commission determined he was advised last April that all four of St.

Brendan's consultant psychiatrists had asked for contract renewals. But the Board was in a position to renew only three contracts, thus it was appointing a committee to make a recommendation on the matter.

When the committee recommended he go, Dr. Ewusi-Mensah argued the decision was discriminatory and "gravely flawed'' due a third of St. Brendan's beds being taken up by people with mental handicaps.

None of the three consultants whose contracts were renewed was black.

The Commission noted the Board had produced financial statements to verify that "drastic cuts in the area of staffing were necessary for survival''.

In addition, it agreed with St. Brendan's staff interviewed that mental handicap is not a mental condition but a learning disability to be managed by educators and other psychologists. Dr. Ewusi-Mensah's unit could be adequately serviced by one of the other three consultants, the Commission agreed.

It further agreed with Board members that demands on Dr. Ewusi-Mensah's time were modest.

The Commission noted the black administrator of St. Brendan's had said mental handicap was not a condition requiring a full time consultant psychiatrist in the field.

The position was being deleted and whoever held it at the time would have to go -- race playing no role, he had told Commission members.

The Commission, after interviewing other consultant psychiatrists, also found the doctor was "difficult'' to work with.

The Chief of Psychiatry had received many complaints regarding Dr.

Ewusi-Mensah's performance and attitude, it found.