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BAD is refused permission to take case to the Privy Council

Anti-conscription campaigners suffered a blow yesterday when they were refused permission to take their case to the Privy Council in London.Bermudians Against the Draft have lost court battles in the Supreme Court and Court of Appeal where they argued that Government acted unconstitutionally in conscripting Jamel Hardtman and brothers Larry and Lamont Marshall.The trio do not wish to serve in the Bermuda Regiment and have argued that they should not be forced to.Yesterday, their lawyer Eugene Johnston asked the Court of Appeal for permission to argue the case further at the Privy Council.However, he told The Royal Gazette after the case that the bid proved unsuccessful.He said the three-judge panel ruled that, because the campaigners had not argued their case before the Defence Exemption Tribunal, they could not go to the Privy Council arguing the tribunal process is unfair.Furthermore, said Mr Johnston, the Court of Appeal ruled that BAD’s claim that arresting and detaining Lamont Marshall and Jamel Hardtman fell foul of section 8 of the Constitution, was "unarguable".He added: “We now have two options either do nothing, or apply to the Privy Council itself for special leave to make their arguments before it.”He said the Marshall brothers appeared before the Defence Exemption Tribunal earlier this week to argue that they are conscientious objectors to military service. A decision is due to be given by the tribunal on December 5.“We will consider our options after that,” said the lawyer.