Bermudians Against the Draft yesterday continued its fight against conscription by launching a bid in the Court of Appeal.

The group of 14 young men are hoping to overturn Chief Justice Richard Ground's ruling nine months ago that the controversial policy does not break the law.

Englishman Jonathan Crow, QC, drafted onto BAD's team for the Court of Appeal battle, yesterday outlined to the appeal panel how he believes conscription is unconstitutional in the way it forces men into labour.

BAD's second main argument is that conscription is discriminative against men because women are not made to serve.

But a large part of yesterday's session centred around BAD's claim that not enough efforts are being made to recruit volunteers before men are forced to serve — which it says breaches the Defence Act.

Mr. Crow said an external review had pointed to low pay, out-of-date vehicles and decaying equipment, all of which make it less likely for people to want to sign up of their own accord.

"Of course, if you don't pay people a decent wage, if you give them old equipment that's beaten up and out-of-date; if you have old, decayed equipment and poor pay and you are doing nothing to make the Regiment an attractive place to be, then of course conscription is going to be necessary," Mr. Crow told the court.

"The Government has got to read this report, decide what to do about it and try to make voluntary enlistment work. If people don't believe it's a good thing to join, you are not going to volunteer."

Mr. Crow said Government had deliberately failed to provide evidence to show what is being done to make the Regiment a more attractive option.

"I would have expected Government to put in answers to the kind of questions we asked in February," he said.

The lawyer said BAD had been unable to find evidence of any recruitment drive since October 2004.

Sir Austin Ward of the appeal panel said young men are offered a chance to volunteer when they are sent conscription letters.

But Mr. Crow replied: "That's not good enough. It doesn't get the Government anywhere. Have they tried making voluntary enlistment work before resorting to conscription? This letter is part of the process of conscription. It says you can volunteer now.

"Simply adding one line at the beginning of a letter which is in fact part of the conscription process isn't enough."

BAD is not taking action against the Regiment itself, but against the recruitment policy, in which all Bermudian men aged over 18 and under 32 are liable to call-up through a random ballot administered by the Defence Department. Mr. Justice Ground had in February found in favour of the Governor, Deputy Governor, Commander of the Regiment and Attorney General.

BAD's spokesman Larry Marshall Sr. has previously said he believes the case will end up before Bermuda's highest court of appeal, the Privy Council in London.

The case continues today.