Log In

Reset Password
BERMUDA | RSS PODCAST

Court rejects newest BAD appeal

Anti-conscription campaigners are vowing to head to London’s Privy Council again after losing their latest battle in Bermuda’s Court of Appeal.The Royal Gazette yesterday after judges in Bermuda ruled against his group once more. BAD had been appealing against Puisne Justice Norma Wade-Miller’s April ruling that Government did not act unconstitutionally by conscripting Jamel Hardtman and brothers Larry Jr and Lamont Marshall.

“We are very dejected, but we are undeterred,” Bermudians Against the Draft founder Larry Marshall told

Appeal court President Edward Zacca and judges Sir Austin Ward and Sir Scott Baker dismissed BAD’s case on all grounds.

Mr Marshall Sr said: “Despite being very discouraged by this decision, we still feel we have a very strong case. We do intend on taking it to the Privy Council.

“If necessary, we will go all the way to the European Court of Human Rights. These issues are seldom settled at primary or secondary level. We are in it for the long haul.”

The three appellants had argued their constitutional right to be protected from inhuman treatment would be breached if they had to do military service. BAD has 21 days to lodge an appeal with the Privy Council, which is Bermuda’s highest court of appeal.

The Privy Council has previously rejected BAD’s claim the Island’s male-only draft is discriminatory under the Human Rights Act, repeating a verdict delivered in Bermuda’s Supreme Court and Court of Appeal.

Mr Marshall said the financial hit of BAD’s second trip to London would be cushioned by lawyer Eugene Johnston’s offer to take the case pro bono. Mr Johnston, 32, is also fighting his conscription into the Regiment in his own separate case.

You must be Registered or to post comment or to vote.

Published November 09, 2011 at 8:55 am (Updated November 09, 2011 at 8:55 am)

Court rejects newest BAD appeal

What you
Need to
Know
1. For a smooth experience with our commenting system we recommend that you use Internet Explorer 10 or higher, Firefox or Chrome Browsers. Additionally please clear both your browser's cache and cookies - How do I clear my cache and cookies?
2. Please respect the use of this community forum and its users.
3. Any poster that insults, threatens or verbally abuses another member, uses defamatory language, or deliberately disrupts discussions will be banned.
4. Users who violate the Terms of Service or any commenting rules will be banned.
5. Please stay on topic. "Trolling" to incite emotional responses and disrupt conversations will be deleted.
6. To understand further what is and isn't allowed and the actions we may take, please read our Terms of Service
7. To report breaches of the Terms of Service use the flag icon