A Court of Appeal panel retired yesterday to consider its ruling over Bermudians Against the Draft's bid to outlaw conscription.

Chaired by President Edward Zacca, the panel has been asked by BAD to overturn Chief Justice Richard Ground's judgment that the controversial policy does not break the law.

BAD, comprising 14 young men, has argued through Jonathan Crow, QC, that conscription is unconstitutional in the way it forces men into labour; and discriminative against men because women aren't made to serve.

For the second consecutive day, Mr. Crow yesterday criticised Government for "deliberately" failing to provide evidence to counter claims that not enough efforts are made to recruit volunteers before men are forced to serve.

He said that to find in favour of Government would send out the wrong signal, adding: "It can play its cards close to its chest and the court will give a decision in favour of the Government: that's the worst possible message you can give to the Government."

Rabinder Singh, QC, representing the respondents, also spoke yesterday to say why BAD's argument should be thrown out.

On the discrimination point, Mr. Singh said that to conscript women risked being discriminatory itself because they wouldn't be able to do the same jobs as men.

"Men are allowed to do loads of interesting work but women are going to make the tea," he said.

BAD is not taking action against the Regiment itself, but against the recruitment policy, in which all Bermudian men aged over 18 and under 32 are liable to a call-up through a random ballot administered by the Defence Department. Mr. Justice Ground had in February found in favour of the Governor, Deputy Governor, Commander of the Regiment and Attorney General.

BAD's spokesperson Larry Marshall Sr., who attended the two-day Court of Appeal hearing, said last night that he still believes the case will end up before Bermuda's highest court of appeal, the Privy Council in London — whatever the outcome from the panel.

The panel's result would ordinarily be expected by the end of the current session later this month, but it is thought the complicated nature of the case may mean it takes longer.