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Regiment trial told of attempted sexual assault

Witness: Lt. Col. Brian Gonsalves Commanding Officer of the Bermuda Regiment (Photo by Mark Tatem)

Bermudians Against the Draft’s (BAD) lawyer cross-examined Regiment Commanding Officer Brian Gonsalves this morning, resulting in an admission that a soldier suffered an attempted sexual assault at knifepoint in 2005.The campaign group is trying to get military conscription outlawed on constitutional grounds, saying soldiers’ rights are breached.The group's lawyer Eugene Johnston cross-examined Lt Col Gonsalves on various allegations that, according to BAD members, make them reluctant to serve.Lt Col Gonsalves admitted a soldier served 58 days in a military prison for an attempted sexual assault at knifepoint on another soldier during a trip to Grenada in 2005.But he denied allegations from Mr Johnston that a Regiment standing order preventing soldiers from speaking publicly means such incidents are covered up and kept from a public hearing where they can face their accusers."If someone is wronged they will go through the Regiment and if the Regiment find they were wronged there would be a police investigation," he said.Lt Col Gonsalves further denied allegations that the Regiment has a disproportionate number of black soldiers, describing at as "a melting pot from all across the island”.Mr Johnston also called evidence from BAD member Jamel Hardtman, who spent six months in the Regiment in 2001.He has not returned since, and claims he should be recognised as a conscientious objector, but has not been given his constitutional right to a fair exemption tribunal hearing.Quizzing him this morning, Mr Johnston asked about an email he sent to then Regiment Commander William White after Lt Col White appeared on his talk show on Hott 107.5 radio.Mr Hardtman alleged the Commander used inappropriate language when they had a private conversation after the broadcast about the 1977 race riots: "During the conversation he used the term 'nigger' to me. Now, he didn't call me a nigger but what he did say was 'it's the same niggers now as it was during the '77 riots,” alleged Mr Hardtman.He explained that he e-mailed Lt Col White the following day to complain he was "disturbed" by his "inappropriate" languageQuizzed over that incident, Lt Col Gonsalves said Lt Col White "has integrity and he's a truthful individual”.However, he declined to share a view on the allegation made by Mr Hardtman, saying he was not aware of the circumstances of the conversation."Is it justifiable in some circumstances for the Commanding Officer to call people niggers?" inquired Mr Johnston."I would never say that," replied Lt Col Gonsalves.Mr Hardtman was arrested last summer for refusing to attend Regiment duties. He has not attended an exemption tribunal.He explained that one hearing date was not suitable last summer because it was the day after an exam, and the rescheduled date was listed while he was away in school.The hearing also heard evidence from former Sgt Major Marilyn Steede. She said she quit the Regiment after being asked to compromise her integrity by falsifying minutes of the outcome of a vote, among other things."The problem with the Regiment and me is because I stand on principle and I am not going to alter it," said Ms Steede, who is now a supporter of BAD.Also giving evidence was another BAD member, Lamont Marshall, who also claimed he did not attend an exemption hearing because it was not scheduled to his satisfaction.He added of the tribunal process: "I do believe that it's a joke. It's a circus. It's basically a group of individuals who have strong ties to the Regiment and I don't think I would have got a fair hearing."Asked to explain his beliefs against conscription, Mr Marshall cited as an example a story he'd heard from a soldier who travelled to Grenada about the sexual assault at knifepoint.Mr Marshall said that incident was described publicly by the then Commanding Officer Edward Lamb as a “minor altercation.”Lt Col Gonsalves was unable to explain during his evidence why Lt. Col. Lamb would describe it as such.BAD has already lost its case against conscription during prior hearings citing human rights grounds in the Supreme Court, Court of Appeal and Privy Council.The latest case at Supreme Court cites different arguments, relating to allegations that conscription breaches people's constitutional rights.See tomorrow’s edition of The Royal Gazette for the full story.