Bermudians Against the Draft have filed an appeal to the Privy Council, meaning they're not required to turn up to Warwick Camp – for now.

The reluctant conscripts, who want to get the military draft outlawed, were instructed by Government to turn up for their medicals just hours after losing their Court of Appeal case on November 28.

Campaign leader Larry Marshall Sr. interpreted the instruction as a threat that members could be arrested for draft-dodging before they got as far as the Privy Council.

However, on Friday afternoon, Bermudians Against the Draft's lawyer Delroy Duncan confirmed that a petition seeking leave to appeal was filed around 11 a.m. – the deadline the men were given to attend Warwick Camp.

Explaining events as they unfolded since last week, he said: "What happened was Mr. Marshall indicated that we were appealing to the Privy Council and (Regiment Commander) Lieutenant Colonel William White called me and wanted confirmation from me that we were. I told him that I had firm instructions and that the papers would be filed today. He said that if I had given him my word, that would be sufficient."

Now the papers have been filed, Mr. Duncan said: "We are quite happy to accept Lt. Col. White's assurance that they are not going to be called up pending the outcome of the conclusion of the legal process."

The Court of Appeal must consider the petition to carry on to the London-based Privy Council, which is Bermuda's highest court of appeal. No date has yet been set, and Mr. Duncan said it was unclear whether it will be before the three-judge panel returns to Bermuda in March 2009.

Regiment public relations officer Major Stephen Caton said: "The Regiment was informed earlier this week by Mr. Duncan that an appeal was pending. With the appeal process having been commenced by reporting time today, the appellants did not attend Warwick Camp. The Regiment will continue to respect the legal process through to final resolution of this matter."

Citing legal advice, Mr. Marshall said he did not wish to comment beyond confirming that the appeal papers have been filed, and "we're excited about that".

The policy of recruiting by conscription is administered by the Defence Department in order to ensure that the Regiment has enough soldiers to fulfill its functions. All Bermudian men aged over 18 and under 32 are liable to call-up through a random ballot.