A group of young men battling to get the military draft outlawed suffered a Supreme Court defeat yesterday — but vowed to fight on in the Court of Appeal.

Chief Justice Richard Ground ruled that the policy, which sees male conscripts picked through a ballot to serve in the Regiment, does not break the law.

The news was greeted with disappointment, but not surprise, from the 14 campaigners known collectively as Bermudians Against the Draft (BAD.)

Spokesman Larry Marshall Sr. said: "The outcome is of course most disappointing... but we will have to accept the Chief Justice's ruling. I felt and still feel that we had a very strong case."

He added: "Our lawyers have been instructed to appeal the decision and hopefully we will be successful in the Court of Appeal."

However, Mr. Marshall re-iterated previous comments that he expects the case will end up before Bermuda's highest court of appeal, the Privy Council in London.

The campaigners hope their fight will eventually lead to the Regiment relying purely on volunteers to fill its ranks. Having been notified of the Chief Justice's ruling in advance, they opted not to attend yesterday's hearing.

BAD member Jamel Hardtman said afterwards: "I'm not surprised. I've said from the beginning I didn't want to get excited for nothing."

The group has likened the conscription policy to "20th century slavery" and Mr. Hardtman claimed: "You can't put race out of the equation. This is 14 young black guys fighting for a basic civil right. Right is right and wrong is wrong. Sadly we're still in a time when people feel your human rights can be taken."

During the high profile case last month, lawyer Delroy Duncan argued on behalf of BAD that the administration of the policy is "illegal and immoral."

He claimed insufficient efforts had been made to recruit volunteers before turning to conscription in breach of the Defence Act. He also alleged that the fact men and not women are subjected to the policy is a breach of human rights.

Acting Solicitor General Huw Shepheard countered the action on behalf of the defendants — the Governor, Deputy Governor, Attorney General, and Commander of the Regiment.

Delivering his ruling to a courtroom packed with senior Regiment officers and lawyers Mr. Justice Ground said in his view, reasonable efforts have been made to recruit volunteers but there are not enough of them. He also rejected the claim that the policy breaches the Human Rights Act.

Although Mr. Shepheard asked the Chief Justice to order BAD to pay the Government's legal bill, Mr. Duncan urged him not to, saying: "This is a serious case, both for the applicants and indeed for Bermuda. As far as the applicants are concerned, the case has quite serious financial consequences for them."

The Chief Justice made the unusual move not to order costs against BAD, commenting: "I think this was an issue of both public importance and public interest."

He had criticised the Government legal team during the case for failing to put evidence before him of policies and procedures. Explaining his costs ruling, he told the lawyers: "It was apparent from my judgment that I thought the respondents could have done a lot more to assist me, to assist the court, in coming to its conclusion. I'm not persuaded that they've run up that much costs. It's also true I've rejected a number of their submissions."

Another high profile legal battle was recently scuppered by the high costs of appealing Supreme Court rulings — that of the family of murdered teen Rebecca Middleton, who hoped to get the case against two suspects re-opened.

However, Mr. Marshall said fundraising will soon get underway to ensure BAD can fight on — with a "runathon," tee-shirts and possibly a concert in the pipeline.

Regiment Commander William White, Minister of Labour, Home Affairs and Public Safety David Burch, and Deputy Governor Mark Capes all welcomed yesterday's ruling.

Lt. Col. White noted that while BAD made public allegations about the ill-treatment of conscripts at Warwick Camp, these were not raised by the group's lawyers during the case.

"I'm very pleased that in the face of allegations about slavery and oppression, the Chief Justice has seen fit to vindicate the dedication and commitment to service of those individuals at the Bermuda Regiment," he said.

Lt. Col. White revealed that the case has prompted a review of policies and procedures for administering the conscription ballot, which falls under the remit of the Defence Department.

In addition, he said more high-profile efforts to encourage volunteers to join the Regiment will be launched, noting: "The more volunteers we get, the less we have to rely on conscription."

Senator Burch — himself a former Commander of the Regiment — said he was pleased, but not surprised by the outcome which, he said, "validates the important role that the Regiment plays in our society as well as the important role it has in developing young men, and yes women, into fine upstanding citizens of this country."

Deputy Governor Mark Capes said: "I think it is important to be clear that the principal issue in this case was not about whether the Regiment is a good or bad thing, it was about the conscription process as provided for in the Bermuda Defence Act 1965.

"In any democratic society it is a given that there always will be groups of people that oppose some aspects of policy or laws made on their behalf by the elected legislature.

"What is crucially important however, is that such people should have the right to freely express their views, to lobby their elected representatives and, as in this case, to be able to pursue their cause in an independent judicial system. That is a core strength that underpins our system of government."

The Island's political leaders came under fire from BAD in the aftermath of yesterday's news, with Mr. Hardtman saying: "As a young black Bermudian male who they so much care about, I'm more shocked at the reaction from the leaders than by the ruling."

• The full text of the Chief Justice's judgment can be viewed on our website at www.theroyalgazette.bm as can a video report on yesterday's court hearing.