A lawyer who represents Bermudians Against the Draft (BAD)has launched a battle against his own conscription <\!m> in the belief his job got him unfairly targeted.

In addition to attempting to get out of Regiment service, Eugene Johnston hopes his court case could also get the controversial policy outlawed for all young Bermudian men.

It has been almost ten years since Mr. Johnston was first told to begin mandatory military service, a policy he describes in court documents as a symptom of "imperialist control" and a "vestige of a colonial era".

The 27-year-old claims that when he attended Warwick Camp back then, he was forced to sign an oath pledging allegiance to the Queen and join the Regiment.

"My signature represented a way of leaving Warwick Camp. It was anything but a sincere pledge of allegiance to the Queen, a colonial overlord who was unconcerned about the wishes of me, or the others around me," he complains in documents relating to his case.

"I never thought that without my signature, I would remain a civilian subject only to the laws of my country, not to the military apparatus by which imperialist control is exacted."

Mr. Johnston successfully deferred his service due to attending the Bermuda College, then law school in the UK.

He claims that until last year, the last he heard from the Regiment was in 2003 when he was told his deferral had expired and he'd have to reapply.

He did not reply and heard nothing more until July 23, 2008, when he got a letter telling him to recommence military service. At this point, he was already part of the team from law firm Trott and Duncan representing the 14 men of BAD.

That campaign group mounted its own separate and so far unsuccessful challenge to the conscription policy in Bermuda's local courts in late 2006.

It is currently awaiting the opportunity to appeal to the Privy Council in London.

Mr. Johnston was told to attend Warwick Camp onOctober 7 or 8 last year or face imprisonment, but his legal challenge put a hold on that.

In case papers, he states his belief that he was recalled to the Regiment as a direct result of his role in the high-profile and controversial BAD case.

In a letter to the Attorney General's Chambers he alleges:"The Commanding Officer of the Bermuda Regiment's (COBR) letter of July 23, 2008 is vindictive, and seeks to punish me for my involvement with BAD.

"My professional endeavours are not relevant to the decision whether to recall me to service or not. Therefore, the COBR abused the power given to him and his decision is unlawful."

Mr. Johnson is hoping to obtain a judicial review of his conscription on a number of grounds. He claims the policy is unconstitutional because it only affects Bermudian men, not non-Bermudians.

He further claims that even if he was lawfully conscripted into the Regiment then he is now entitled to be discharged from it for reasons relating to the timing of his deferral notices.

In a preliminary court hearing yesterday, Judge Ian Kawaley indicated that he may be able to advance his case on those points at a later stage.

Meanwhile, Mr. Johnston also plans to ask for a number of declarations from the Supreme Court.

Among them are that conscientious objectors such as himself should be entitled to exemption from service on grounds that "the Regiment is an improper continuation of the UK's imperialist history" and "no distinction exists between the Regiment and other colonised armies of antiquity".

While his case papers set out his own personal beliefs, Mr. Johnson also states that his case is of "immense public importance" to all Bermudian men aged between 18 and 32 who are liable for call up to the Regiment through a random ballot.

The policy is administered by the Defence Department to ensure that the Regiment has enough soldiers to fulfil its functions of civil and military security, disaster relief and ceremonial duties.

Government claims there are insufficient volunteers for the job, making conscription necessary.

Government, through lawyer Huw Shepheard, opposes Mr. Johnston's case, saying he should have launched his challenge before he attended Warwick Camp in 1999.

Both sides will pursue their points at a further hearing, on a date yet to be set. A Regiment spokesman declined to comment on the case yesterday, while Minister of Public Safety David Burch did not respond to inquiries.

Deputy Governor Mark Capes said:"There is little I can say given that the case continues, apart from making the general observation that it is a good thing to see people using the lawful avenues open to them to challenge this or any other policy they may object to."

BAD spokesman Larry Marshall Sr. said:We're definitely feeling encouraged that another young man has stepped forward and had the courage to take on this system."