Two BAD members fail to report for Regiment tribunal
Two members of Bermudians Against the Draft failed to attend an exemption-from-service tribunal, while a third turned up but failed to get out of military service.
As previously reported, Lamont Marshall, Jamel Hardtman and Shannon Adderley were supposed to resume Regiment duties by Thursday, June 3.
They ignored the order, which prompted warnings that they were subject to arrest. Mr. Adderley was arrested on Wednesday and dealt with via internal Regiment disciplinary proceedings.
He was released from custody afterwards, and is now due to attend a 15-day cadet camp next month in order to comply with his service obligations.
Mr. Adderley, along with Mr. Marshall and Mr. Hardtman, requested a hearing before the exemption-from-service tribunal, which is an independent body from the Regiment.
The hearing was slated for Friday but only Mr. Adderley showed up.
According to Bermudians Against the Draft leader Larry Marshall Sr., Mr. Adderley failed during the hearing to get out of military service altogether on the basis of his belief that it's "forced labour".
However, Mr. Adderley was deemed to be a conscientious objector against combatant duties. That means he must still complete his Regiment service, but in a non-combatant position.
Mr. Marshall complained that Mr. Adderley was feeling pressurised in his job at airport customs because he was arrested there.
For that reason, he is now planning to comply with directions from the Regiment to cut his hair and attend a cadet camp from July 4 to July 17.
He added that after speaking to Mr. Adderley about Friday's hearing: "He felt he would have won his case had he had opportunity to prepare better."
Meanwhile, Mr. Marshall's son, Lamont Marshall, and Mr. Hardtman chose not to attend their exemption tribunal hearing. Mr. Marshall Sr. said the pair did not show up because the tribunal had been "hastily convened" and the group did not wish to be rushed into anything.
He explained they want more time to prepare their objections to service and take legal advice over the make-up of the tribunal and the way it operates.
"They will be challenging the objectivity and objectivity of the tribunal," he explained.
Mr. Marshall anticipates that will involve court action, but it is too early to be specific as "the options are still being explored." Meanwhile, he said he had "no idea" whether the pair are still facing arrest in the light of their failure to attend the tribunal.
Giving an update on Friday's developments on behalf of the Regiment, spokesman Major George Jones said: "The tribunal is an independent body from the Regiment and as such I am not authorised to speak on their behalf.
"However, I understand that the tribunal was able to accommodate Pte. Adderley's last minute request to be included and, after reviewing the evidence put forward by Pte. Adderley, agreed that he was a conscientious objector against combatant duties. Pte. Adderley will therefore continue to serve and complete the remainder of his required service, but in one of the Regiment's non-combatant positions.
"I understand that Pte Adderley was the only one who attended today's previously unscheduled tribunal meeting, which was called on short notice to accommodate their requests.
"However, both individuals who specifically requested the tribunal failed to appear. I am not aware of either the tribunal or the Regiment having received any notification, formal or otherwise, in accordance with the legislation with regards to their non-attendance. The Regiment's position remains unchanged, as does both the Regiment's and the individuals' obligations under the law."
Chairman of the tribunal Cheryl Ann Mapp, confirmed that Mr. Adderley attended and the others did not, but declined to comment further.
Bermudians Against the Draft has been engaged in legal action since late 2006 to abolish military conscription in Bermuda. Their bid to get the law changed has been defeated in the Supreme Court, Court of Appeal and the Privy Council, which is the Island's highest Court of Appeal.
There are a total of 14 members of B.A.D, and the entire group was temporarily deferred from military service while they pursued the case through the courts. However, they were told three days after their Privy Council defeat on May 24 that the deferral from their legal obligations has now ceased.
The remaining 11 men are required to begin Regiment service in October.
However, Mr. Marshall said the group continues to plan fresh legal action, either in Bermuda, on constitutional grounds, or in the European Court.
By press time, Mr. Hardtman and Lamont Marshall had not been arrested.
