A Devonshire man who refuses to shave on religious grounds is to stand trial for failing to fulfil his military duty.

David Allen Smith, 23, of Cedar Park Devonshire, claims to be an Orthodox Jew who has taken the vows of a Nazarene.

In Magistrates' Court yesterday Smith contested the charge that he failed to show up at Warwick Camp after being called up to serve in the Bermuda Regiment.

Smith told Acting Senior Magistrate Carlisle Greaves that he had shown up for duty at Warwick Camp but was told he would have to shave off his beard or else face a $100 fine every time he showed for duty unshaved.

Smith said that having a beard is a tenet of his Nazarene faith which he says he has been practising for six years. In lieu of paying the fine each time he reported for duty, Smith said he chose to avoid Warwick Camp and took action to have a Regiment Tribunal investigate his case.

Smith also told the court that the Regiment's commanding officer had scheduled his first Psychiatrist appointment for yesterday, saying: "The Colonel seems to think I need psychological help."

"I don't believe you're a real Nazarene," said Magistrate Greaves who subjected Smith to lengthy questioning on his faith, which Mr. Greaves said Smith shared with Samson and Jesus Christ.

"Are you circumcised?" Mr. Greaves asked after questioning Smith's diet.

"Its in the making," answered Smith, who told Mr. Greaves that he must first be circumcised of the heart, though he said he followed Jewish tradition by not eating any pork or the fruits of the vine, which he interpreted as wine, grapes and raisins.

"You must have some people come along and say this man practices in the Jewish faith," Mr. Greaves said. "Who do you know who is Jewish?"

Smith told the court that "there are just a few in the family" of the Nazarenes on the Island but that he practices his faith with Shannon Tucker and Joey Hunt, who converted him six years ago.

But Smith added that he was happy to find out just last week that there was a Jewish community on the Island as well as a synagogue.

Smith told the court that he was thinking of going to the Human Rights Commission on the matter and he had lost his job at the Southampton Princess because of his obligations at Warwick Camp.

According to the official website for the Union of Nazarene Jewish Synagogues (www.unjs.org), the Nazarenes recognise themselves as a Jewish sect which accepts Jesus Christ as the messiah but continues to observe the Jewish laws of the Old Testament.

Refusing the label Christian, Nazarenes consider themselves full Jews - except for their belief in Christ as the Messiah and and belief in the New Testament.

Mr. Greaves pointed out that Smith's Nazarene faith did not prevent him from serving in the Regiment but specified he could not shave his beard.

Smith will be tried on July 14, but Mr.Greaves ordered that a Regimental tribunal hold an exemption hearing in the meantime. Smith was released on $500 bail.