Attride-Stirling v Minister of Delegated and Legislative Affairs and Attorney General 1992 Civil Jur. No. 577

• Jurisdiction: Bermuda
• Judgment Date: 30 March 1995
• Date: 30 March 1995
• Docket Number: Civil Appeal No. 19 of 1994
• Court: Court of Appeal (Bermuda)

In the Court of Appeal for Bermuda

Astwood, P.

da Costa, J.A.

Huggins, J.A.

Civil Appeal No. 19 of 1994

Rod S. Attride-Stirling

Appellant

and

The Attorney-General

Respondent

Mr. Ian Kawaley for the Appellant.

Mr. Peter DeJulio for the Respondent.

Minister of Home Affairs v FisherUNK [1979] 3 All ER 21

Attorney General of St. Christopher, Nevis and Anguilla v ReynoldsUNK [1979] 3 All ER 129

The Defence Act 1965 s. 13A, 15, 17, 27

Bermuda Constitution Order, s. 8

European Convention for the Protection of Human Rights and Fundamental Freedoms

Conscientious objector — Military service — Whether registration as conscientious objector can relieve persons from performing any military duty, or be restricted to non-combatant's role

JUDGMENT

Huggins, J.A.

The Appellant duly reported under section 13 A of The Defence Act 1965 for selection for military service. He obtained deferment under section 15(2)(a), but on returning to Bermuda he was served with notice under section 17(2) requiring him to present himself for medical examination and for enlistment. By this time he had formed the view that he could not in conscience serve in a military organization, and accordingly declined to comply with the notice. Instead he lodged an application under section 27(1) to be registered as a conscientious objector. That sub-section reads:

‘Notwithstanding anything in the foregoing provisions of this Part, a person may, at any time after reporting under section 13A(2), apply to the Exemption Tribunal to be registered as a conscientious objector on the ground that he conscientiously objects to performing combatant duties.’

It will be seen at once that the sub-section as enacted is in terms concerned only with objection ‘to performing combatant duties’. The Appellant's objection went further than that.

In due course his application was heard by the Exemption Tribunal. At the outset there seems to have been some confusion in the mind of the Chairman, for he observed that the Appellant was asking to have his service deferred. The Appellant's letter of the 19th October, 1992 instituting his appeal had made it clear that what he sought was exemption from service altogether. On the face of the statute that was not within the power of the Tribunal or of the Governor to grant under section 27. Nevertheless the hearing proceeded, and in the course of it the Chairman recited the roles of The Bermuda Regiment as follows:

‘The primary role of the Regiment is to assist the police in the case of civil disorder. The secondary role is to assist in times of national emergency such as hurricanes, disasters, etc., etc. The third role and they are being given to you in order or sequence, the third role is to provide ceremonial duties and its fourth role, the most minor role is to assist in external defence.’

The notes of proceedings record the following...