who refused to serve -- because of a dispute over legal fees.

Defence lawyers for JuVaughan Antoine Sampson want him to be paid legal costs after all charges against him were dropped in 1997.

But lawyers for the Attorney General's Chambers believe there is no legal provision for the Crown to pay the fees.

Crown counsel Peter Eccles is now appealing the original costs award made by Magistrate Arthur Hodgson.

Chief Justice Austin Ward adjourned a Supreme Court hearing on Friday for both sides to prepare their cases.

Sampson, 27, of Southampton, became a conscientious objector after becoming a Rastafarian.

And he claimed senior officers -- including former commander Lt. Col. David Burch and Capt. Larry Mussenden -- conspired to pervert the course of justice by withholding evidence.

The original prosecutor, Crown counsel Leighton Rochester, dropped all charges, paving the way for Mr. Hodgson to award costs.

And Mr. Eccles was about to drop the Crown's appeal yesterday when Mr. Justice Ward claimed the law may not allow for the costs to be awarded.

The new hearing will take place next month. Sampson is represented by Milligan-Whyte and Smith lawyer Rod Attride-Stirling.

REGIMENT MILITARY MIL