Judge grants injunctions against arrests pending new BAD challenge
A Supreme Court judge yesterday ruled Bermuda Regiment could not force two members of Bermudians Against the Draft (BAD) to attend cadet camp.
Regimental Police attempted to arrest Lamont Marshall on Monday but were unable after an injunction was granted in Supreme Court by Puisne Judge Ian Kawaley.
Yesterday, officers went to Hott 107.5 offices to arrest Jamel Hardtman but were forced to release him when Mr. Kawaley granted a second injunction.
He walked out of Warwick Camp just before 5 p.m.
BAD founder Larry Marshall Sr. said he was pleased with the outcome of the hearing.
”Our argument was for an injunction preventing them from arresting Lamont and Jamel.
”The first argument was the Commanding Officer [Brian Gonsalves] doesn’t have the authority to order grown men into a cadet camp. What we did was get an injunction so that it was arguable at a later date.
”The second argument was that we believe the tribunal process is not fair and we will be challenging that in court and the judge ruled that it was arguable. This is unprecedented. We feel that it has been biased for a long time.”
Lamont launched a hunger strike last month after he was arrested for failing to turn up to Warwick Camp. Hours later Mr. Hardtman turned himself in as a demonstration of solidarity.
Last month they were both told to turn up to a 14-day cadet camp designed for persons under the age of 18
Mr. Hardtman is due to leave the Island next month to begin a master’s degree.
According to Mr. Marshall Sr., he has submitted the necessary paperwork to the Lieutenant Colonel Gonsalves that would have excused him from service.
”Jamel, he’s sent them his I-20 form. He’s leaving on August 16 but the fact is the CO is waging a personal vendetta against Jamel.
”For me, standing here in what is supposed to a democracy, I feel it’s anything but. A young, black man, positive role model for the community is doing his bit, can be harassed like a criminal.
”He’s leaving in about a month from now. Obviously, it’s personal. The very fact that there are over 100 men who are in the same category shows that this is a personal vendetta.”
Regiment spokesman Major George Jones said: “I can confirm that Pte. Hardtman was arrested today for the military offence of failing to perform his military duties. The Defence Act 1965, as upheld by the Privy Council, sets out the proper procedures as to how any member of the Regiment can be excused to pursue full-time education.
”Despite having repeatedly outlined these procedures to Pte. Hardtman, he has continued to disregard the current legislation and has failed to properly apply for deferral.
”Pte. Hardtman, like any other member of the Regiment, must comply with the current legislation in order to be deferred, and I note it is not yet too late for him to do so.”
Major Jones said every member of the Regiment has to complete one 15-day camp during their tenure.
He would not comment any further due to the ongoing court proceedings.
Former BAD member Shannon Adderley decided to join the Regiment last week. He said he feared losing his job if he did not turn up for service but reiterated that he is still against conscription.
The group failed to get conscription outlawed by the Privy Council earlier this year.
They will be selling T-shirts to raise funds towards their expenses and are planning a march in the near future.