Pacifist hunger striker Magnus Henagulph is to take his fight against conscription to the Supreme Court after the Bermuda Regiment relaxed its hardline stance.

Last night The Royal Gazette business reporter was given the chance to leave his Warwick camp cell and sleep in the barracks, but chose to remain in the cramped room - which is now unlocked- and keep up his fast until his appeal can be heard.

He had been thrown in solitary confinement after disobeying orders on Wednesday.

Yesterday, he met Regiment Commanding Officer Lt. Col. David Gibbons, who found him guilty of the offence but ruled that time already served was punishment enough.

Mr. Henagulph, 26, was then ordered to pick up his equipment but again refused.

The conscientious objector was then allowed to see a lawyer.

His girlfriend, Anna Pereira, said he was in good spirits despite not eating solid food since Wednesday.

She said: "He says he feels pretty good, but he's continuing to not eat.

"If I know Magnus he will curl up into a ball and focus very hard and not expend any energy. He's a totally sane person."

She believes he would continue his hunger strike until his court date.

His mother Nadine said: "I think he can survive several days, a lot of people go without food for this amount of time for health reasons. But I would start to worry if it went on for a week or two.

"He's very determined to see it through to the end. He's got principles and he sticks to them."

She said the case could spell the death knell for conscription in Bermuda. She said: "I think he's making history, it's a watershed.

"I don't think he meant to it to be, but people are now coming out and saying we should do something about this.

"I hear people saying conscription is a waste of taxpayers' money."

Last night Lt. Col. David Gibbons said he was not embarrassed by the episode, despite the massive publicity the case was generating, including songs being dedicated to the hunger striker on the radio.

He said: "I think every individual should have the right to make sure their Constitutional rights are upheld."

Asked about what he would do if the hunger strike continued Lt. Col. Gibbons said: "At this point I am not alarmed. I am disappointed he resorted to this when we offered him every opportunity for this to be reviewed. At this point we are working with him."

He defended Bermuda's part-time army saying most people in the community believed it played a positive role.

Mr. Henagulph's lawyer Patrick Doherty said he would be making an application for judicial review over the case.

Supporters say little consideration was given to Mr. Henagulph's pacifist beliefs during his appeal to the exemptions tribunal and to the Governor.

Mr. Doherty added: "He wants to be released from camp, but they are not prepared to do that."

One well-wisher, who helped organise a small candlelight vigil outside Warwick Camp last night, said: "It seems ridiculous to pay lawyers through the nose on an individual case-by-case basis. It needs to be resolved once and for all."

And another supporter pointed at the other conscripts on parade and said: "I think they should follow his example and all walk out."