Counsel, withholding information needed by the Crown and bringing a "malicious prosecution'' against a conscientious objector.

The accusations were made in Magistrates' Court during the trial of Juvaughn Antoine Sampson who faces charges of disobeying orders and conduct prejudicial to the good order of the Regiment.

Sampson, 25, was arrested on January 14 after reporting to the Regiment and informing officers he was a conscientious objector.

He is charged with disobeying an order to attend a parade, and four other charges of prejudicial conduct for allegedly failing to respond to letters from the Regiment.

On January 27, he was exempted by the Defence Department's Exemptions Tribunal, which ruled that his long-term religious commitment to Rastafarianism meant he had been a conscientious objector for some years.

The Regiment, represented by Crown Counsel Leighton Rochester, alleges the offences occurred before the Tribunal's exemption while Sampson was still on active duty.

But Defence lawyer Rod Attride Stirling produced Department of Defence and Regiment documents pertaining to Sampson's Regiment career and his exemption hearing.

During the proceedings, Mr. Rochester admitted having difficulty because he had not been furnished with copies of the documents in question.

"These documents came from the Regiment, why were you not supplied with copies?'' Magistrate Arthur Hodgson asked. "Are the Regiment withholding information, or documents from you?'' Later, when Mr. Rochester said he could not comment on another document as he had not seen it, Mr. Hodgson said: "I don't think you should let your clients make a fool of you.'' Mr. Rochester later asked for a week's adjournment to give him time to reconsider the Crown's position.

Mr. Attride Stirling said the Regiment had bought a "malicious prosecution'' against his client.

Mr. Hodgson ordered proceedings to continue on Thursday.