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Perinchief case will set standard - lawyer

A senior Police officer's case for unfair demotion will be strengthened by the Wayne Perinchief ruling, his lawyer claimed last night.

Last year Chief Insp. Larry Smith issued a writ against Commissioner Colin Coxall claiming he was unfairly demoted.

Now his lawyer Julian Hall says Government should not fight the case in the wake of the ruling on former Assistant Commissioner Wayne Perinchief.

"We will formally set the matter down for a hearing,'' said Mr. Hall. "But we hope that the Government will not try and fight an unwinnable hand.'' Chief Insp. Smith was promoted to Superintendent in November last year but after six months his promotion failed to be confirmed and he was moved back to the rank of Chief Inspector.

As a result he issued a writ against Mr. Coxall claiming wrongful dismissal from the rank of Superintendent, as well as damages.

Last week former Assistant Commissioner Wayne Perinchief won a case for unlawful redundancy after Puisne Judge Norma Wade said his post was never actually abolished.

Under changes within the Police Service two Assistant Commissioner posts were abolished as well as two Superintendent posts.

But Mrs. Justice Wade said the necessary legislation approving the shake-up had not been passed so Mr. Perinchief's position still legally existed. He is to sue the Government for damages.

Mr. Hall added: "The Wayne Perinchief case will very much affect Mr. Smith's.

"We are fully aware of the issues and arguments that were raised and there is a part in the ruling which affects Mr. Smith. It is pretty much an open and shut case for Mr. Smith.'' As well as Mr. Smith the Perinchief ruling could also affect former Superintendent George Rose who was made redundant when two Superintendent ranks were abolished.

It is still not known whether Government will appeal against the Perinchief ruling. Solicitor General Barry Meade who handled the case was not available for comment yesterday.