The Bermuda Regiment came under heavy fire from a Magistrate after a ground-breaking decision to award costs to a conscientious objector hauled before the courts for failing to do his army duty.

In his written judgment awarding costs to reluctant soldier JuVaugn Sampson, Magistrate Arthur Hodgson accused the Island's part-time army of "total irresponsibility and a disregard for the rights of the citizen.'' And Mr. Hodgson added: "The Bermuda Regiment is the ultimate source of power in the community.

"If it is willing to use its power to flout the law as opposed to enforcing the law, it is positively frightening.'' The Royal Gazette reported on Saturday that Mr. Hodgson had awarded costs to Mr. Sampson, put on trial for five alleged Regiment offences -- months after the Defence Department's Exemptions Tribunal ruled he was a genuine conscientious objector.

All the charges were withdrawn by the Crown, which said there was insufficient evidence to proceed.

And lawyer Rod Attride-Stirling asked Mr. Hodgson to order costs paid to his client, insisting the only reason the charges had been brought was "vindictiveness'' on the part of the Regiment.

Mr. Hodgson's judgment said: "The power of the state is awesome. An individual who finds himself in confrontation with the state is placed in a precarious position in any circumstance.

"But he should not be penalised in a situation where the state is being vindictive and certainly not from that branch of the state apparatus which is entrusted with the ultimate power to uphold the law.'' Mr. Hodgson also revealed that then-Regiment CO Lt. Col. David Burch failed to comply with a Supreme Court order issued last January to allow access to Mr.

Sampson, who was then in jail at Warwick Camp.

After a further notice -- threatening Lt. Col. Burch with imprisonment if he failed to comply -- Mr. Attride-Stirling got to see his client.

Later that month, Sampson, a Rastafarian, was exempted, along with Bryan Harvey, also a Rastafarian. The two argued their religious beliefs forbade service in the Regiment.

Mr. Hodgson noted that in April Lt. Col. Burch criticised the Defence Tribunal and Mr. Attride-Stirling in a speech to Hamilton Rotary Club.

And he said: "All of this constitutes a pattern of behaviour which in my view is designed to nullify the right of an individual to seek exemption from service in the Regiment as provided by law.''