Crown lawyers are set to appeal a ground-breaking decision to award costs to a Rastafarian reluctant soldier hauled up before a magistrate on disciplinary charges.

Attorney General Elliott Mottley confirmed last night: "We don't accept the decision -- we are appealing the decision on costs.'' Mr. Mottley declined to comment on the grounds of the appeal, which will be heard in Supreme Court, but added the main thrust of the argument would be on "a point of law.'' The move came after Governor Thorold Masefield -- Commander-in-Chief of the Bermuda Regiment -- had discussions with the Attorney General.

Deputy Governor Peter Willis said the Governor and Mr. Mottley had spoken on the subject -- but declined to discuss the content of the conversation.

Magistrate Arthur Hodgson sparked a storm of controversy when he took the rare legal step of awarding conscientious objector JuVaughn Sampson costs in a criminal trial.

And in a written judgment, he launched a barrage of criticism at the Regiment and its then-C.O., Lt. Col. David Burch.

Lt. Col. Burch said last night: "I would be delighted if they appealed because I have absolutely no doubt we will be completely vindicated.

"One would have to hear the appeal, but I would have thought there were a number of facts -- and I use the term very loosely -- in the judgment which were incorrect.

"If these can be refuted, obviously that goes some way.'' Lt. Col. Burch added that he was not aware of what the grounds of the appeal would be.

But he insisted Mr. Hodgson's claim that the Regiment had been "vindictive'' in its pursuit of Mr. Sampson and that they had ignored the law to pursue a vendetta was wrong.

Lt. Col. Burch said: "I don't know how they would address that, but it suggests it's something which continues to go on.

"It suggests it's something which bridges my command to the current Commanding Officer -- but that is a matter for the current CO to address.'' Lt. Col. Burch -- just awarded an OBE in the Queen's Birthday Honours List for his service -- stepped down as Regiment chief last year at the end of his term. He was replaced by Lt. Col. Patrick Outerbridge.

Mr. Sampson faced five charges in Magistrates' Court last autumn -- months after he was ruled to be a genuine conscientious objector by the Exemptions Tribunal.

All the charges were dropped by the Crown on the final day of the Magistrates' Court trial.

Mr. Hodgson awarded costs in the case last week to Mr. Sampson -- and blitzed the Regiment's reputation.

He accused the Regiment and Lt. Col. Burch of trying to deny Mr. Sampson his legal rights. And Mr. Hodgson said the Regiment had shown "total irresponsibility and a disregard for the rights of the citizen.'' He added the Regiment had acted wrongly by throwing Mr. Sampson into an army jail after he attended boot camp instead of ensuring and Exemptions Tribunal hearing.

And Mr. Hodgson said pressing disciplinary charges dating back to 1995, even after an exemption was granted, was "part of a pattern'' and "vindictive.'' But Lt. Col. Burch hit back and said Mr. Sampson had ignored official letters for some time and declared conscientious objection on religious beliefs only after he turned up at Warwick Camp last January.

And he insisted the Regiment acted fairly and within the law -- and had helped other conscripts, who did not have a lawyer acting for them like Mr. Sampson, to have their day in front of the Exemptions Tribunal.