Perinchief was made redundant, a Judge ruled yesterday.

Mr. Perinchief will now sue Government for compensation -- and it is possible his colleage former Supt. George Rose, who was made redundant at the same time, will also sue.

Yesterday's landmark ruling by Puisne Judge Norma Wade could also open the door to other civil servants, made redundant under reorganisations, to seek action against Government where it failed to abolish posts through legislation.

Last night Mr. Perinchief, who will not seek to rejoin the Police, declined to comment on the case himself but his lawyer Delroy Duncan said his client felt vindicated by the judgement.

"As far as the abandonment of claims for reinstatement, Mr. Perinchief wanted the people to know that the reason that was done was because he felt he could not continue to act as a Police officer under the current Police administration.

"In the event circumstances were to change in the Police Force he would be willing to serve his country as a Police officer.'' "In the absence of that opportunity he is left with no option but to seek damages. We have already started the application for damages for unlawful dismissal from the Bermuda Police Service,'' said Mr. Duncan.

He would not disclose what amount Mr. Perinchief would be seeking although it will be compensation for the six years he could have continued as an officer.

Mr. Perinchief, who will now have to repay a $244,000 Government settlement, lost his job through a shake-up of the Police Service put into place by Commissioner Colin Coxall under his Service Strategy.

Two Assistant Commissioner posts were cut and two Superintendent posts were axed -- including Mr. Rose's post -- after Cabinet approved the Strategy.

"Myself and Mr. Perinchief decided very early on that there was no point in initiating two cases,'' said Mr. Rose. "After reviewing the judgment I will consult with my attorneys who were watching for this very carefully.

"It is a matter now of letting the attorneys digest the implications of the judgment and go from there. The question of compensation is something I shall discuss with my attorneys.'' The two Police officers were made redundant late last year, ending 31 years of service for Mr. Perinchief who joined the Force in 1964, working his way up to Assistant Commissioner in 1994.

He was one of only four Bermudian officers sent on a Special Command Course designed to train Policemen to lead a Police Force and become Commissioner of Police.

In 1982 he was awarded the Colonial Police Medal for long service and good conduct and was again awarded the medal in 1991 for meritorious service.

Cabinet endorsed Mr. Coxall's strategy and approved the abolition of Mr.

Perinchief's and Mr. Rose's posts. That decision was carried through by the Public Service Commission and ultimately the Governor.

However in her ruling yesterday, Mrs. Justice Wade quashed all three decisions and ordered that Mr. Perinchief's case was re-examined by the PSC -- according to the law.

She said Cabinet approved the abolition of the post, the PSC carried through an unlawful decision and the Governor, Lord Waddington, acted on the PSC recommendation.

Under the Police Act 1974 changes in the Force establishment -- such as alterations to the number of Assistant Commissioners and Superintendents -- have to be approved through legislation.

"No such legislative effect has been obtained, consequently the post has not been abolished,'' said Mrs Justice Wade.

"The court concludes, therefore, that Mr. Perinchief's post has not been abolished as the statutory provisions for abolition of the post have not been complied with.

"The decision to abolish the post is in breach of the powers that Government has given to make the decision. The decision is therefore unlawful,'' she added.

Solicitor General Barry Meade, who represented Government in the case, was not available for comment yesterday on whether an appeal would be launched.

Last night, Home Affairs Minister Quinton Edness said he had not been able to study the judgment in detail.

He added: "We would not comment until the Attorney General has an in-depth look at the judgment and advises the Government on what the next step ought to be.'' COURT WIN -- Wayne Perinchief (right) and lawyer Delroy Duncan POLICE POL