Regiment aims to give soldiers option of Magistrates’ Court hearings
Soldiers may soon be able to elect to be tried in Magistrates’ Court if they get into trouble at the Bermuda Regiment.Currently military officers mete out discipline, but under legislative changes to be tabled in the House of Assembly during its next session soldiers will have a choice.Fines will also be revisited under the changes with the new regime adopting the practice in the UK of prescribing a number of days pay instead of specific amountsThe changes, will “modernise and reform the Bermuda Regiment, positioning the organisation for a new and enhanced role in modern Bermuda,” said National Security Minister Wayne Perinchief at a press conference yesterday.But they have also stoked the ire of anti-conscription campaigners.Larry Marshall, founder of Bermudians Against the Draft, whose son Lamont is to be tried next week for disobeying an order after refusing to pay a fine meted out by the Commanding Officer, dismissed the development as “nauseating hypocrisy”.The Minister said that the changes will bring Bermuda’s defence laws in line with current British military law and the European Convention on Human Rights.“Soldiers will now have the right to elect for their disciplinary trials to be heard outside of the normal chain of command and in Magistrates’ Court rather than the internal discipline process.”He added that the option would remove allegations of bias and ensure that soldiers get a fair and impartial trial.Magistrates’s sentencing powers will remain unchanged.“With this Amendment Act, there will be more options for disciplining officers and senior non-commissioned officers.“Options for discipline must be fair, equal and constant across all ranks of the Bermuda Regiment. These amendments will ensure that the most senior members of the Regiment are held accountable and subject to disciplinary procedures comparable to those imposed on soldiers of a lower rank.”He said: “These amendments address some of the issues raised in those quarters opposed to certain Regiment practices,” Mr Perinchief continued.“Careful attention has been given to ensuring that the legislation is gender neutral as far as possible.“There has also been clarification on which organisations are considered ‘exempted services’.”Regiment Commanding Officer Brian Gonsalves said that internal disciplinary procedures had also been revamped and that officers could use their discretion in dismissing chargeable offences.Asked what was in place to prevent intimidation of soldiers who opted to have their case heard by a Magistrate, CO Gonsalves said that the soldier could appeal upwards in the chain of command.“But it’s up to the soldier to raise his hand,” he said. “After all, we are all adults.”Mr Marshall, founder of the group Bermudians Against the Draft, was unimpressed.“You cannot reform a corrupt system,” he said. “This is comparable to enacting legislation during slavery making conditions better for the slaves.”He said he was incredulous at the Minister’s statement that the changes were in line with British military law when Britain abolished conscription 50 years ago.“In 1965, freedom for young men in this country was replaced by conscription. The only remedy is to replace conscription with freedom.”Conscripts get paid $6 an hour, Mr Marshall said. “Why don’t they deal with the ridiculously low wages that these conscripts are paid? Reform that.”Lamont Marshall goes to court next week for disobeying Regiment orders.His father, Mr Marshall, said that he had spoken to the media in violation of Bermuda Regiment’s standing orders and the CO had fined him $500 which he refused to pay.Some BAD members are of the view that the Minister’s announcement yesterday is a “pre-emptive strike,” said Mr Marshall.“They know we are going to court next week and we are going to be asking for records of the fine system because that is unconstitutional.”He said: “You cannot reform a system that is fundamentally flawed from a human rights perspective.“Because of their intransigence on this issue and their refusal to abolish conscription we will be continuing with our anti-vote campaign.”Last year BAD called for an extra box labelled “none of the above” to be added to the general election ballot paper.Mr Marshall’s view is that since neither of Bermuda’s main political parties backs the campaign to end military conscription, young black men feel marginalised by the political process.The group hopes an extra box would allow those backing the campaign to participate in the democratic process, while at the same time signalling a lack of confidence in the available candidates.