A group of young men battling to get conscription outlawed suffered a blow yesterday when Chief Justice Richard Ground refused to grant them protection from arrest by the Regimental Police.

At least six of the thirteen members of Bermudians Against the Draft are supposed to have joined the Regiment this year — opening up the possibility of them being detained for skipping duties.

With a Supreme Court hearing pending against the Governor, Deputy Governor and Attorney General, which they hope will lead to mandatory military service being outlawed, the men asked the Chief Justice to grant them protection until it is heard.

However, after three days of arguments from the group’s lawyers Delroy Duncan and Allan Doughty in a behind-closed-doors hearing, Mr. Justice Ground declined the application.

Larry Marshall Sr, who founded Bermudians Against the Draft and has sons Lamont and Larry Jr named in the legal action, was in court to hear the decision. Among the other interested parties present were Major Brian Gonsalves of the Bermuda Regiment, Regimental Sergeant Major Erron McKenzie, the Premier’s Chief of Staff Wayne Caines and Defence Administrator Larry Burchall.

Giving his reaction after the hearing, Mr. Marshall Sr. said: “It’s wrong. It’s a very troubling decision. These young Bermudian men have gone about this the right way and taken the legal channels. “

Mr. Marshall Sr, a Minister at the Church of the Living God in Pembroke, has previously described the conscription policy as “20th century slavery” and made allegations of abuse at Warwick Camp.

Mr. Marshall said he was upset the young men - all aged in their 20s - could be forced into the military and what he described as “unwholesome” environment at Warwick Camp before their case had been heard.

“This ruling means their civil rights have been trampled on,” he claimed.

Mr. Justice Ground gave the group leave to appeal against his decision. He also called for the main anti-conscription case to be heard as quickly as possible - “the earlier the better.”

Bermudians Against the Draft has vowed to take the legal fight to the European Court of Justice if necessary.

It remained unclear yesterday how real the threat of arrest is for the men. Referring to the Defence Act, which allows those absent from service to be arrested, Major Gonsalves said: “The law of the land still stands. It has not changed.”

He declined to comment on whether members of the Regimental Police would be going in search of members of Bermudians Against the Draft but said Regiment representatives would be meeting with the Attorney General to “discuss options.”

The defendants in the case were represented by Acting Solicitor General Melvin Douglas and Leighton Rochester.

Mr. Rochester said after the judgment that the 13 men had been given an undertaking that they would not be arrested during Mr. Justice Ground’s hearing of the case - but declined to comment on whether they face arrest now.

No member of the group had been detained as The Royal Gazette went to press.

Bermudians Against the Draft plan to fight the policy of mandatory military service with the arguments that the ballot which chooses conscripts is gender-biased and a breach of human rights because only men are picked, not women.

The campaign has won the support of British Member of Parliament Andrew MacKinlay, of the ruling Labour Party, who has asked questions about the policy in the House of Parliament in London.

Conscription has been backed publicly in recent weeks by Governor Sir John Vereker and Minister of Public Safety David Burch, who said there is widespread support in Bermuda for compulsory Regiment service.

Bermudians Against the Draft suffers setback in court