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Pledge over BAD arrests until emergency hearing

Bermudians Against the Draft founder Larry Marshall Sr

Bermudians Against the Draft (B.A.D) pressed for an emergency injunction yesterday to stop four members being arrested and taken to Recruit Camp.The move came after Regimental Police surrounded the home of one of the men, according to campaign leader Larry Marshall Sr. Although the hastily-convened court proceedings were soon adjourned, Government pledged the men would not be arrested before a further hearing next week.Yesterday’s developments came after the four, Shaki Easton and James Famous, both 27, and brothers Seth Ming, 24 and Tekle Ming, 28, lost a bid to be declared conscientious objectors. They testified before a defence exemption tribunal in November, asking to be let off serving in the Regiment for reasons including fears they would suffer abuse, and objections to “forced labour”.Bermudians Against the Draft has been campaigning against Bermuda’s conscription policy for four years on human rights grounds but has lost a series of court cases.The Regiment has strongly rejected allegations that young conscripts suffer mental and physical abuse. The exemption tribunal, which is an independent body from the Regiment, ruled against Mr Easton and Tekle Ming on Friday. The panel refused to make a ruling on Seth Ming or Mr Famous because, it said, neither had attended a medical at the Regiment.The tribunal said that because the pair have not physically shown up at Warwick Camp, it did not have the remit to decide if they are conscientious objectors. It gave no further reasons for rejecting the applications.According to lawyer Eugene Johnston, who represents the four men, they appealed against the tribunal result to Governor Sir Richard Gozney. He notified Mr Johnston that the appeal had failed at 4.09pm on Tuesday.Less than 50 minutes later, Adjutant Captain Christopher Gauntlett notified the four men that the Regiment, having received the Governor’s decision, required them to attend its Warwick Camp headquarters at 8am yesterday.He said they would be interviewed before commencing Recruit Camp 2010, which began on Sunday and runs for two weeks. Mr Johnston contacted the Supreme Court and filed for an emergency injunction yesterday afternoon to protect the men from arrest.It was heard in a chambers hearing before Acting Chief Justice Norma Wade-Miller who declined to allow the press into the hearing. Speaking afterwards, Mr Johnston said: “We were hoping for an injunction. The matter has not been decided but the Government has given undertakings that until it’s decided, they [the men] will not be arrested.”A follow-up hearing has been provisionally slated for next Thursday.BAD leader Mr Marshall Sr said: “There’s obvious relief at this eight-day informal stay for the young men.“It has been particularly harrowing for them and their parents knowing they were subject to arrest, particularly Shaki who was told that seven RPs surrounded his house early this morning in St. George’s. I think that’s appalling. We continue to fight, this is a human rights issue.”Regiment Commander Brian Gonsalves said last night: “These four soldiers’ appeal was denied by the Governor yesterday and therefore were instructed to parade to Warwick Camp by 0800hrs today. They did not and therefore were deemed to be AWOL [Absent Without Leave]. “However, late this afternoon the Regiment was notified of the injunction and has acknowledged the instructions from the AG’s Chambers that these four soldiers not be arrested until the matter is heard in court.Of the Regimental Police attending Mr. Easton’s home address prior to the injunction being granted he said: “These RPs were acting in full compliance with the laws of Bermuda and with the orders issued to them via their chain of command.“While the Regiment notes that Larry Marshall considers the issue to be a fight for human rights, it also must be said that while the Regiment continues to act in accordance with the laws of Bermuda, these four soldiers by failing to comply with an order to attend Warwick Camp at 0800hrs today continue to flout the law. “Meanwhile, a Supreme Court hearing is scheduled for next month in the case of three other BAD members, Jamel Hardtman and brothers Larry Jr and Lamont Marshall, who claim their constitutional right to be protected from inhuman treatment will be breached if they have to do military service. They have also claimed the exemption tribunal is biased and they should have been considered conscientious objectors when they applied for that status.