Ex-Bermuda Regiment chief Lt. Col. David Burch yesterday launched a counter-attack after a Magistrate slammed the Island's part-time army over a row involving a Rastafarian conscientious objector.

Lt. Col. Burch -- just awarded an OBE in the Queen's Birthday Honours List -- said his conscience was clear, despite a dressing down by Magistrate Arthur Hodgson.

He was speaking after Mr Hodgson -- in a rare legal move -- gave costs to Rasta JuVaughn Sampson after the Crown dropped five Regiment-related charges following an aborted trial last autumn.

And, in his written judgment, Mr. Hodgson opened fire on the Regiment and Lt.

Col. Burch's role in the row, accusing senior soldiers of trying to deny Mr.

Sampson his legal rights.

He added that the Crown Counsel in the case had not been given all the facts and that the charges were "unfounded and derived from an improper motive.'' But Lt. Col. Burch said: "This leaves a bit of a bad taste in the mouth -- I've always prided myself on being fair and just.'' And he added: "You can ask anyone in the Regiment -- I always told them `if you operate outside the law, you're on your own. If you operate inside the law, the organisation will protect you'.'' Lt. Col. Burch added: "I'm sure the hundreds of soldiers who have appeared before me on disciplinary charges would say the same.

"I've sent soldiers to prison for marijuana possession and had complaints from them and their parents -- but they don't hold it against me because they recognise they were treated fairly. I take considerable exception to this.'' Mr. Hodgson accused the Regiment of "total irresponsibility and a disregard for the rights of the citizen.'' And he said the Regiment had acted wrongly in throwing Mr. Sampson into jail last January after he attended the Regiment instead of ensuring he had a hearing before the Exemptions Tribunal. He added that pressing disciplinary charges dating back to 1995 after Mr. Sampson was exempted weeks after his first taste of army life was "part of a pattern'' and "vindictive.'' But Lt. Col. Burch said Mr. Sampson had ignored letters from the Regiment for some time until he declared conscientious objection after turning up.

And he challenged Mr. Hodgson: "If he has these concerns, from someone sitting on the bench, about how the Regiment operates as a body, one of the things you might have expected is for him to go up to Government House and relay his concerns to the Commander-in-Chief and insist an investigation take place.'' Lt. Col. Burch denied that he and his subordinates had deliberately tried to prevent Mr. Sampson getting a hearing.

And he added that he and other officers had dealt with many cases of claimed conscientious objectors, who did not have legal representation, who had been assisted to have their day before the Exemptions Tribunal.

He said that Mr. Sampson's lawyer, Rod Attride-Stirling, had at first claimed the Regiment had undue influence with the Exemptions Tribunal.

But he added: "He then turned around and used a document -- of which we have not seen a transcript -- from the Exemptions Tribunal and made all these accusations.'' Lt. Col. Burch said: "These allegations are completely contrary to the principles that the Regiment has been founded on and operated under.

"It's a slight not only to me but to everyone who has served in the Regiment and had to judge disciplinary matters.'' Lt. Col. Burch -- set to make a bid for a seat in the House of Assembly for the Opposition Progressive Labour Party -- was awarded the OBE last week for his service to the community.

He said: "It does rather beg the question -- it's supposed to be for outstanding service and commitment. Maybe Mr. Hodgson would like to appeal to have it rescinded, I don't know.''