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Rastafarians exempted from Regiment

The move came after a Exemption Tribunal accepted that the religious beliefs of rookie recruits Brian Harvey and Juvaughan Sampson made army life impossible -- but the matter was referred to Governor Lord Waddington for a final decision.

Regiment, it was revealed yesterday.

The move came after a Exemption Tribunal accepted that the religious beliefs of rookie recruits Brian Harvey and Juvaughan Sampson made army life impossible -- but the matter was referred to Governor Lord Waddington for a final decision.

Deputy Governor Peter Willis said yesterday: "The Governor, having accepted the conclusion of the Exemption Tribunal and having no power to order any other form of service, has granted exemption from service in the Regiment.'' Letters informing the two men that they have been granted a permanent deferral will be sent out today.

Former Pte. Harvey hit the headlines after being conscripted into the part-time defence force earlier last month.

He was handcuffed and forced into a chair in the centre of the Regiment's Warwick Camp parade ground after a struggle broke out over his refusal to join an early morning queue for a regulation haircut.

Afterwards, the raw recruit was frog-marched to a Regiment cell and locked up for several hours.

Last night Mr. Harvey's lawyer Rod Attride-Stirling, a pacifist who gained exemption from the Regiment in 1995, said he was pleased his clients had won their case -- but declined to comment further in advance of a statement from the two men and the Island's Rastafarian community, likely to be released later this week.

And he declined to say whether a Supreme Action action asking judges to rule whether Mr. Harvey's detention after his haircut was legal.

Regiment officials yesterday denied the ruling would open the floodgates for applications for exemptions from compulsory military service by Rastafarians.

Defence Department administrator and Exemption Tribunal secretary Bernard Gibbons said the two men had convinced the tribunal that they were genuine conscientious objectors -- not necessarily because they were Rastafarians.

He explained: "These things are dealt with on a one-on-one basis. They are not being granted total exemption due to Rastafarianism. They are being granted it because of their beliefs.

"Another Rastafarian may have to serve if the tribunal is not convinced the case is strong enough. There will be nobody able to say they are Rastafarian and won't serve in the Regiment.

"Any other conscientious objector who comes along will have to prove they are a conscientious objector.'' He added the standard of proof is high, including evidence that an objection to the military service is long-standing.

Bermuda Regiment C.O. Lt. Col. David Burch did not return calls last night and neither of the two soldiers could be contacted for comment.

The exemptions follow a landmark decision by the Court of Appeal in Mr.

Attride-Stirling's case in 1995.

But Mr. Attride-Stirling successfully argued that an order to serve in a non-combatant role violated his right under the Bermuda Constitution not to join a military organisation.