BAD member warned about arrest
The commanding officer of the Bermuda Regiment last night warned anti-draft campaigner Lamont Marshall that he would be arrested for failing to report for duty to Warwick Camp.Lieutenant Colonel Brian Gonsalves told The Royal Gazette that top runner Mr Marshall’s ongoing legal proceedings against the part-time army would not prevent the normal disciplinary process for an AWOL soldier from taking place.Three regimental police officers visited 27-year-old Mr Marshall at his Devonshire home yesterday but did not arrest him. Lt Col Gonsalves said: “He was in his house and we didn’t have the legal authority to go in his house and get him.”But he added: “He will be arrested and he will be going through the disciplinary process. There is no court injunction against the Regiment for the Regiment to stand down and let them go through the legal process.”Lamont’s father, Larry Marshall Sr, founder of Bermudians Against the Draft (BAD), claimed the officers had no right to pursue his son at all while legal matters regarding his military service were before the courts.“I told them [the officers] to get off my property,” said Mr Marshall Sr. “I said ‘he is a conscientious objector and he has a case before the Privy Council’. It got pretty heated and then they threatened to go on his job in an obvious attempt to jeopardise his job.“He [Lamont] came to the threshold. By law, they can’t go in unless they have the police with them. They left, I would say, after maybe five minutes.”Opposition leader Craig Cannonier waded into the row last night, urging the Regiment to let the legal process conclude before seeking out Mr Marshall.“This gentleman has an appeal in place,” said the One Bermuda Alliance MP. “I would have thought it would be a little more prudent for the process to take its full course before we end up disenfranchising our young men who are conscientious objectors.“If they are going through the process, then let that process take place. This is a young man who is an outstanding citizen, an Olympic potential. He is going through the process we have asked him to do.“I would hope that cooler minds would prevail and allow him to go through the process before we lock him up.”But Lt Col Gonsalves said Mr Marshall’s court case, which also involves his older brother Larry Jr, 28, and their fellow BAD member Jamel Hardtman, did not change the fact he had disobeyed an order as a serving Regiment private.“They [BAD members] have not been deemed conscientious objectors by the Exemption Tribunal. That’s the only body in Bermuda that has the right to deem an individual a conscientious objector.”He said the Regiment had taken a decision not to go after Corporation of Hamilton worker Mr Marshall until he had taken part in the Bermuda Marathon Weekend 10K last Saturday, in which he finished second.“We didn’t want Larry Marshall Sr making any accusation that if Lamont did poorly in the road race [he] would blame the Regiment. We are showing some sort of compassion in that regard.”He said there were between ten and 15 serving Regiment soldiers who were currently AWOL and that regimental police would go after them as “resources and intelligence” allowed.“We are not singling this guy out,” insisted the CO. “There are other people that haven’t shown up. When we have intelligence of them, we go and lift them.”The Marshall brothers and Mr Hardtman, 30, claimed in the Supreme Court last year that their constitutional right to be protected from inhumane treatment would be breached if they had to do military service.They lost the case and lost an appeal of the judge’s decision in the Court of Appeal in November. Mr Marshall Sr has pledged that BAD will contest that outcome in London’s Privy Council.He said yesterday that a hearing to determine if that appeal could go ahead would take place in March. It wasn’t possible to reach Government House or National Security Minister Wayne Perinchief for comment last night.