Anti-draft trio prepare for Supreme Court hearing
Three Bermuda Regiment conscripts are claiming their constitutional right to be protected from inhuman treatment will be breached if they have to do military service.Anti-conscription campaigners Jamel Hardtman and brothers Larry Jr and Lamont Marshall are due to argue their case in the Supreme Court at a three-day hearing next month.The trio, all members of Bermudians Against the Draft (BAD), issued a writ against the Regiment’s commanding officer (CO) in July.Also listed as respondents were the Governor, the Minister of Home Affairs and the chairman of the Defence Exemption Tribunal, which has the power to excuse conscripts from military service.The legal proceedings are the latest attempt by BAD to fight what founder Larry Marshall Sr father of Larry Jr and Lamont has called the “evil system” of conscription.In May, the Privy Council, Bermuda’s highest court of appeal, rejected the group’s claim that the Island’s male-only draft was discriminatory under the Human Rights Act.Bermuda Supreme Court and the Court of Appeal previously dismissed the same claim.According to Mr Marshall Sr, BAD’s latest legal bid will centre on chapter one, section three of the Constitution, which states: “No person shall be subjected to torture or to inhuman or degrading treatment or punishment.”The writ filed by the three conscripts says it is regarding the “matter of the Bermuda Regiment’s treatment generally of the issue of conscientious objection and the treatment of conscientious objectors”.Lamont Marshall, 26, a record-breaking road runner, was arrested for failing to attend Warwick Camp in June, soon after BAD lost their long-running court battle.He went on hunger strike and was joined in military prison by former Hott 107.5 presenter Mr Hardtman, 29, who turned himself in as an act of solidarity.Both men were released after a night in the cells, charged with failing to perform their military duties and told to attend cadet camp.They did not and instead applied for a judicial review of the CO’s decision to order them to the under-18s camp. Mr Hardtman also asked for a review of a decision by the Exemption Panel not to excuse him from service.On July 6, a Supreme Court judge issued injunctions preventing either from being arrested until the outcome of legal proceedings.Mr Marshall Sr said yesterday neither had to attend this year’s Recruit Camp because of next month’s court case, which is due to begin on February 7.Meanwhile, four other BAD members who have applied to be listed as conscientious objectors will find out if they have to serve in the part-time army on Friday (January 14).The Exemption Tribunal will deliver its decision on Shaki Easton, James Famous and brothers Tekle and Seth Ming at 9am at the Cathedral Hall in Hamilton less than 48 hours before Recruit Camp begins.There are 158 people confirmed as attending Recruit Camp 2011, according to the Regiment. Six of them are volunteers, three of whom are women.Another 21 recruits some of them conscripts and some volunteers are still having their paperwork processed.The final number of recruits will depend on various factors, including the results of Exemption Tribunal hearings, medical issues preventing attendance and confirmation for some conscripts of enrolment at Bermuda College, allowing them to be excused from service. Recruit Camp begins at 8am on Sunday.All the legal matters brought by BAD are to be discussed in judge’s chambers tomorrow.A Regiment spokesman said he had no comment on the proceedings as the case is pending.l Anyone interested in volunteering for Recruit Camp 2011, should visit www.bermudaregiment.bm.