No arrests of B. A. D members who failed to report to Warwick Camp
None of the three members of Bermudians Against the Draft defying orders to turn up to Warwick Camp had been arrested as of yesterday.
But campaign group founder Larry Marshall Sr. said two of the trio have been directed to attend an exemption-from-service tribunal on Friday morning, as per their request and in accordance with procedures as set out in the relevant legislation.
As previously reported, his son Lamont Marshall plus Jamel Hardtman and Shannon Adderley were supposed to turn up at Regiment HQ by Thursday, June 3.
They did not do so — prompting warnings from the Regiment that they are now subject to arrest. Punishment for skipping service can include jail.
The move came after the Privy Council, Bermuda's highest court of appeal in London, rejected B.A.D.'s case to get conscription abolished on May 24, and upheld the process and legislation as currently drafted.
The case had previously been rejected by the Supreme Court and Court of Appeal on the Island.
The campaign group had argued but lost their case on grounds including gender discrimination, since men are forced to serve but women are not. The three members of B. A. D had all completed some time in the Regiment before their legal action.
They were temporarily deferred from military service while they pursued the case through the courts. However, they were told in a registered letter dated May 27 that they were required to resume service.
The other members of the 14-strong campaign group are due to begin service in October.
A letter sent by the Regiment to BAD's lawyer Kyle Masters yesterday said that Lamont Marshall and Jamel Hardtman must attend an exemption tribunal hearing at 9 a.m. on Friday.
The tribunal is an independent body which does not fall under the authority of the Bermuda Regiment.
While the Regiment often refers requests from individuals for the tribunal to consider, tribunal members can also make their own appointments.
The pair plan to argue that they should not have to serve on the basis that they are conscientious objectors. Lamont Marshall will cite religious and political grounds, and Mr. Hardtman political grounds.
The letter, from Adjutant Captain Christopher Gauntlett warns: "The tribunal will determine their answer at the conclusion of that meeting. Your clients remain subject to arrest up to the time of that meeting, and may remain subject to arrest after the meeting, depending on the decision reached by the tribunal."
Mr. Marshall Sr. declined to comment yesterday on whether the pair plan to show up or whether Mr. Adderley will be contesting his service as a conscientious objector.
However, he said that, as previously reported, Lamont plans to go on hunger strike if forced to serve in the Regiment.
Meanwhile, the group continues to plan fresh legal action either in Bermuda, on constitutional grounds, or in the European Court.
And it is unclear whether Friday's tribunal will be open to the public and press.