A Rasta rookie soldier who refused to have his hair clipped could be heading for a short cut out of the Bermuda Regiment.

For a Defence Department Exemptions Tribunal has ruled Private Brian Harvey -- who made front page news in a bid to hang on to his hair -- is a conscientious objector and may not have to serve as a soldier.

But now Governor Lord Waddington is to decide whether Private Harvey should be exempted from all service in the Regiment or made to serve in a non-combatant role.

Last night Mr. Harvey's lawyer, Rod Attride-Stirling, a pacifist who was exempted from Regiment duty on conscientious grounds in 1995, said: "Mr.

Harvey appeared before the Exemption Tribunal and they have made a recommendation that he not be required to serve in the Regiment in any capacity.

"He is essentially out of the Regiment.'' Private Harvey made front page news in The Royal Gazette on the first day of Boot Camp earlier this month.

The reluctant squaddie was handcuffed and forced into a chair in the centre of the Warwick Camp parade ground after a struggle broke out over his refusal to join the early morning queue for a regulation haircut.

Afterwards, the raw recruit was frog-marched to a Regiment cell and put under lock and key. He was not released until evening.

Training Company commander Capt. Eddie Lamb said at the time that Private Harvey had insisted he was a Rastafarian and would not voluntarily submit to a crewcut.

The first-time soldier did not have dreadlocks, although his hair exceeded the regulation length.

Private Harvey ended up in detention again during the first week of Boot Camp for insubordination.

But Capt. Lamb later insisted that Private Harvey had settled down and accepted military discipline.

He added that the Regiment respected his religious beliefs and would do nothing to infringe on them.

Last night Stephen Kendell, chairman of the tribunal, which met on Monday to rule in Mr. Harvey's case, said the matter was not as clear cut as Mr.

Attride-Stirling appeared to think.

He explained: "What has happened is that Mr. Harvey appealed to the Exemptions Tribunal to be excused from military service.

"We heard what he had to say and what his legal advisor had to say -- we came to the conclusion he was a conscientious objector.'' But Mr. Kendell said that the case still had to be taken to Lord Waddington, who will rule whether Mr. Harvey should be discharged or transferred to a non-active role like the Quartermaster's Section, which handles administrative and catering duties.

He added that in the meantime, Mr. Harvey's service had been deferred, which means he is exempted from Regiment duties although he is still classed as a serving soldier.

It is not known whether Mr. Harvey will continue with a Supreme Court case asking judges to rule whether his detention was legal.

Regiment C.O. Lt-Col. David Burch was last night maintaining a stiff upper lip over the hair affair.

He snapped: "I have had no official notification from the Exemptions Tribunal so I wouldn't be able to comment.''