levied by the Bermuda Regiment.

The ruling, which is believed to be precedent-setting, came down yesterday as Magistrate Arthur Hodgson accepted an application made last year by lawyer Rod Attride-Stirling to award costs to his client, former Bermuda Regiment soldier JuVaughan Sampson.

Sampson, 25, of Southampton, was arrested on January 14, 1997, after reporting to the Regiment and informing officers he was a conscientious objector. He was exempted on January 27, 1997, by the Defence Department's Exemptions Tribunal which accepted that by virtue of his long-term religious commitment to Rastafarianism, he had been a conscientious objector for a number of years.

But the Regiment alleged that the offences occurred before Sampson received exemption and they argued he was still on active duty and therefore obliged to obey orders.

Pacifist wins costs Sampson went on trial last fall in Magistrates' Court on disobeying an order to attend a parade, and four other charges of prejudicial conduct for allegedly failing to respond to letters from the Regiment.

However, during the last day of the trial the Crown decided to withdraw the charges due to a lack of evidence.

After hearing that the Crown was withdrawing the charges, Mr. Attride- Stirling applied for costs to be awarded to his client.

In yesterday's four-page judgment, Mr. Hodgson ordered the Crown to pay the costs of the proceedings.

It is believed that this is the first case where a defendant, cleared of criminal charges, has ever been awarded costs.