Bermuda Regiment rebel Magnus Henagulph began his David and Goliath battle yesterday when he went to court to challenge the Island's rules on army conscription.

The 28 year old is suing former Deputy Governor Tim Gurney and chairman of the Regiment Exemptions Tribunal Wendell Hollis after they failed to grant him exemption from the army based on his claim that he was a conscientious objector.

If they had allowed Mr. Henagulph to be classified as a conscientious objector, amendments to the Defence Act passed in 1988 would have allowed him to undertake a period of community service with St. John Ambulance, St. George's Fire Brigade or the Police Reserves, rather than three years in the regiment.

But the tribunal turned down his application, and so Mr. Henagulph, a former Royal Gazette reporter, was called up for Regiment service in January of last year.

He was locked up and put in solitary confinement at Warwick Camp after refusing an order to collect his uniform and kit bag. The Somerset man, who now works in the international business sector, then refused offers of food and went on hunger strike for two days before being released. He then took his fight to the courts.

After filing the writs against Mr. Gurney, who was Acting Governor at the time, and Mr. Hollis last year, he said: "Basically, we are challenging the erroneous decisions made by the Exemption Tribunal and the Acting Governor."

Yesterday, Mr. Henagulph took his case to Supreme Court, accompanied by lawyer Elizabeth Christopher.

Solicitor General Wilhelm Bourne acted for the Attorney General's Chambers in representing Mr. Hollis and Mr. Gurney.

However, the matter was adjourned until 11 a.m. today for legal proceedings to take place, but the full hearing is not expected to go ahead until the week of January 12 next year.

Mr. Gurney is not expected to be at the hearing as he is now based overseas. Mr. Henagulph declined to comment on the case yesterday.