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Former AG issues $1m writ against Government

Former Attorney General:Phil Perinchief

Former Attorney General Phil Perinchief has launched a bid for nearly $1 million in damages as he continues his battle over his failed attempt to become Solicitor General.

Mr. Perinchief yesterday revealed he has served a writ against Attorney General Kim Wilson, the Public Service Commission and Governor Sir Richard Gozney, following the appointment of British lawyer Barrie McKay last year.

The Progressive Labour Party politician says he is well qualified and was the only Bermudian to apply for the job, but was overlooked for political reasons.

He is seeking $935,874 for "misfeasance and/or negligence" over the handling of his application, according to the document filed by lawyers Trott and Duncan.

That cash represents the amount he would have earned in the post for five years, as well as lost earnings from a potential later career as a judge, which he claims has now been cut off.

Mr. Perinchief, who lost a Court of Appeal hearing over the matter last month, told The Royal Gazette yesterday: "They have now forced me to come here because quite frankly I don't give up quickly.

"I wouldn't pursue it if it wasn't a principle here. Certainly Bermudian applicants should have a right, if they are fit and suitable candidates, to pursue it.

"Mr. McKay has been wronged as well because this case has certainly tainted his term which is undeserved. I have never met the gentleman and I have no beef or issue with him.

"But you see all the time, Minister (David) Burch coming forward, saying if there's a suitable Bermudian we will put the Bermudian in place.

"How does he answer the question that he's signed off a work permit for a non-Bermudian when he knows there's a fit and suitable Bermudian, i.e. myself."

Mr. Perinchief worked in the Attorney General's Chambers from 2000 to 2006 as Principal Crown counsel, acting as Solicitor General on many occasions, before becoming AG in October 2006. He was axed as AG immediately after the 2007 General Election, and replaced by Sen. Wilson.

In January 2008, he applied to be Solicitor General — a post under the direction of the AG with responsibilities including the provision of legal advisory services — and learnt he was unsuccessful the following April.

He applied for a judicial review in December 2008, but was denied by a Supreme Court judge who claimed such an application should have been made within six months of his job rejection. That view was backed up in last month's Court of Appeal verdict.

However, Mr. Perinchief argues he was not informed the post had gone to non-Bermudian Mr. Mc Kay until October, and he applied for a judicial review shortly afterwards. He also claims the decision-makers would have thought it politically inconvenient for him to be appointed as Solicitor General as it would have meant him working under the supervision of Sen. Wilson.

"They thought that it might appear awry that you have someone more senior than your AG in an apparently junior position to that," he said.

And, he argued that Puisne Judge Charles-Etta Simmons should not have been on the selection panel because she is a member of the judiciary.