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Burch's criticism of tribunal provokes angry backlash

A private war of words broke out yesterday after Bermuda Regiment C.O. Lt.Col. David Burch launched a frontal assault on a tribunal set up to decide on exemptions from military service.

A private war of words broke out yesterday after Bermuda Regiment C.O. Lt.

Col. David Burch launched a frontal assault on a tribunal set up to decide on exemptions from military service.

Members of the independent Exemptions Tribunal are understood to be furious at public criticism of recent decisions to exempt or defer service for four Rastafarians.

But Exemptions Tribunal chairman Stephen Kendell yesterday refused to open hostilities with the soon-to-retire Regiment boss.

And he declined to comment on Lt. Col Burch's speech to Rotarians on Monday.

But Mr. Kendell added: "The tribunal does try to strike a balance between the needs of the Regiment and the rights of the individual.'' The Royal Gazette , however, understands that tribunal members were privately upset by Lt. Col. Burch's remarks.

Environment Minister Irving Pearman, a member of the tribunal, said: "From the human rights perspective there is another issue there. I don't expect Lt.

Col. Burch to see that clearly because he has his mandate.

"I have to be concerned that the tribunal has a role external to the Bermuda Regiment.

"I am not one who is going to say everybody who is aged 18, irrespective of their position and their beliefs, have to serve in the Regiment.

"There seems to be a limit in the thinking from my point of view in the Regiment's concern for that.'' Mr. Pearman added that he understood Lt. Col. Burch's worries, especially against a background of falling numbers of young people available for call-up.

And he said: "I can understand some members of the tribunal being upset -- but it doesn't upset me.'' The Colonel told a meeting of Hamilton Rotary Club that the tribunal slipped up by exempting two Rasta soldiers and deferring service for a year in the case of two others.

Lt. Col. Burch said: "The reality in my opinion is that the Exemption Tribunal got it wrong. Their recent decision regarding Rastafarians/conscientious objectors has opened a Pandora's box.'' He warned that the Regiment would now face a flood of copycat applications for exemption.

Lt. Col. Burch added that it could not be right for people to escape any form of service to their Country.

But he said that alternatives to army service could damage the future of the Regiment.

And Lt. Col. Burch added that Government needed to introduce legislation to ensure service to the Country -- but that "alarm bells are not being heard where they need to be.'' Lt. Col. Burch is under the direct command of Governor Lord Waddington, not Government. Lord Waddington last night declined to comment on the controversy.

Labour and Home Affairs Minister Quinton Edness, who handles Regiment matters in the House of Assembly, was yesterday off the Island.

But acting Minister, Youth and Sport Minister David Dyer, said he had "a degree of sympathy'' for Lt. Col. Burch's position.

Dr. Dyer said: "He has some very real concerns about people's willingness to serve their Country. There are certainly things he raised which are of great public concern and of concern to Lt. Col. Burch as he must have an appropriate number of people in the Regiment.'' He added: "If you have a country where you consider it necessary to have a military body in place and you find yourself in a situation where people refuse to serve and find reasons why they can't serve, you should do a review of the laws, changing and amending to what you consider necessary.'' But he denied Government was ignoring the problems thrown up by the tribunal's decisions on Rastafarians.

Dr. Dyer said: "This only happened recently -- you can't suddenly change laws and change terms and conditions until such time as you have properly investigated and considered all the options.

"The Government has always taken the Regiment seriously and stood up and defended it.'' Pacifist lawyer Rod Attride-Stirling won exemption from the Regiment on the grounds of conscientious objection and has represented Rastafarians at meetings of the Exemption Tribunal.