A young lawyer is fighting to become the first conscientious objector to be excused service in the Bermuda Regiment.

Mr. Rod Attride-Stirling has gone to a special tribunal and then the Governor in his bid to avoid service, apparently for moral or religious reasons.

But both turned down his plea -- and now he is taking his battle to Supreme Court in a unique test case.

If called up, eligible Bermudian men can apply to have their three years service deferred, usually on grounds of educational commitments or hardship.

But they can only permanently avoid service if they qualify on grounds of other military service or belong to certain categories, including Policemen, clergymen, mental patients and prisoners.

In the Regiment's 27-year history, the only other men who were successful in going beyond the Governor to avoid service argued that they should be exempted on the grounds of age and school commitments. Those cases led to a change in the law.

Regiment commanding officer Lt. Col. Allan Rance said yesterday that Mr.

Attride-Stirling had been to a tribunal to apply to be exempted from military service.

"I know that the exemption tribunal were of the opinion that he could serve in the Regiment, and he had not made what one might call a convincing argument for not serving,'' he said. "It would be very unusual for someone to go beyond the tribunal stage.'' Mr. Attride-Stirling then appealed to the Governor, who considers a record of the tribunal hearing and is advised by tribunal members.

The lawyer has now issued a writ against Minister of Delegated and Legislative Affairs the Hon. Sir John Sharpe and Attorney General Mr. Walter Maddocks, invoking the Constitution and the Defence Act.

Mr. Attride-Stirling, who was called to the bar in September, works at Conyers, Dill and Pearman.

He is represented in this action by law firm Milligan-Whyte and Smith. He said yesterday: "I would be happy to tell you about it but at this stage I can't.

"At this stage I'm just not able to elaborate on it.'' Mr. Attride-Stirling's sister Jennifer was at the centre of a legal controversy in September after then Police Constable Sean Pyne was fined $200 for assaulting her in a nightclub.

Miss Attride-Stirling protested that the charge should have been indecent assault, because she had claimed he put his hand down the front of her bustier.

Lt. Col. Alan Rance.