BAD launches new legal challenge
Another reluctant Bermuda Regiment conscript has enlisted in the Supreme Court battle to get the draft outlawed.
Haroon Wendell Charon Eve, 22, is the 14th member of Bermudians Against the Draft (B.A.D) to launch a legal fight against his call-up.
Lawyers Trott and Duncan, who are acting for the campaign group, have asked for a judicial review of Mr. Eve’s obligation to serve in the the Regiment.
“I just feel that it’s a violation of my rights. I’m not one of those guys out there sitting on the wall. Why should I be made to do that? I work every day of the week. Conscription is like twentieth-century slavery,” said Mr. Eve from Southampton, who works at Rayclan.
He explained he had been called up, but did not respond for moral reasons.
And he said of his legal bid: “I feel that sometimes you have got to do what you have to do...my father has served in the Regiment.
“He’s totally with me. He told me that back in the day things were a little bit different but he didn’t want to serve even then — he was forced to.”
As The Royal Gazette first reported in January, the 13 original members of Bermudians Against the Draft filed a court summons against the Governor, Deputy Governor and Attorney General alleging that the ballot which chooses conscripts is gender-biased and a breach of human rights because only men are picked, not women.
They hope a court ruling in their favour will lead to conscription as a whole being abolished and have vowed to go all the way to the European Court of Justice if necessary.
Some of the reasons given in the anti-conscription court papers filed against Governor Sir John Vereker and Deputy Governor Mark Capes in Mr. Eve’s case are new.
For the first time, it is alleged that the Governor has not made reasonable efforts to recruit sufficient volunteers to the Regiment — as per the Defence Act — before resorting to conscription. On this basis, the lawyers ask for the calling-up of Mr. Eve to be declared unlawful.
The issue of gender bias is also touched upon once more. Citing the Human Rights Act, the court papers ask for Mr. Eve’s call-up to be deemed unlawful on the basis of gender discrimination because the deputy Governor only entered the names of males, not females, on the register of those eligible for conscription.
The application also requests an order prohibiting the defendants from making Mr. Eve do military service or enforcing any penalty for not doing so.
A previous attempt to get similar protection for the 13-man group — some of whom failed to turn up to Boot Camp this year — failed in January.
Chief Justice Richard Ground refused to grant them protection from being arrested by the Regimental Police, although none have actually been detained for skipping duties.
The next stage in the court process will be separate hearings in the cases of the group action and of Mr. Eve. The latter’s application for a judicial review may be turned down.
Conscription has been publicly backed by both Sir John Vereker and Minister of Public Safety Sen. David Burch, a former Regiment Commanding Officer, since the BAD campaign was launched. Both said there is widespread support in Bermuda for compulsory Regiment service.
Government House declined to comment on the latest legal bid, as did Larry Marshall Sr., spokesman for the BAD, who said he was acting on legal advice not to do so.
Lawyer Allan Doughty of Trott and Duncan also declined to talk about the case apart from confirming that Mr. Eve’s application has been filed.
Defence Administrator Larry Burchall said those involved were free to explore any new legal avenues they wished.
“Mr. Justice Ground has asked for it to be dealt with as expeditiously as possible and we will not cause any delay,” he added.
Sen. Burch did not respond to a request for comment, and Regiment Commander Lt. Col. William White was unavailable for comment.
