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BAD member's case will go to court

A young man fighting against his conscription into the Bermuda Regiment has welcomed news he has permission for his case to be heard in Supreme Court.

Haroon Eve, 23, is the 14th member of Bermudians Against the Draft (BAD) to launch a legal battle against his call-up.

Lawyers Trott and Duncan, who are acting for the campaign group, asked for a judicial review of Mr. Eve's obligation to serve in the the Regiment.

Allan Doughty of the firm revealed that Puisne Justice Geoffrey Bell has granted this — meaning Supreme Court will hear arguments on behalf of Mr. Eve.

"I'm very glad to hear this," said Mr. Eve, who plans to attend what promises to be a high-profile court hearing.

The 23-year-old, from Scenic Place, Southampton, has been called up but refuses to serve for what he describes as moral reasons.

He said that despite a recent Royal Gazette opinion poll showing that almost three quarters of people on the Island support the compulsory military draft, he gained positive feedback since news of his case emerged last month.

"Most people I have come into contact with agree with me," he claimed.

As was first reported in January, the 13 original members of BAD have 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 by Mr. Eve against Governor Sir John Vereker and Deputy Governor Mark Capes add to these points.

Among the additional arguments it is alleged that that the Governor did not made reasonable efforts to recruit sufficient volunteers to the Regiment - in violation of the Defence Act - before filling its ranks with conscripts. On this basis, the lawyers ask for the calling-up of Mr. Eve to be declared unlawful.

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.

Mr. Doughty stressed yesterday that the fact the Supreme Court will hear Mr. Eve's case is "in no way determinative of the outcome of this matter".

It would, he said, would be decided after full argument in public court hearing, on a date that is yet to be set.

Government House, the Defence Board and the Regiment all declined to comment.