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

• Jurisdiction: Bermuda
• Judgment Date: 25 August 1994
• Date: 25 August 1994
• Docket Number: Civil Jurisdiction 1992: No. 5'7.7
• Court: Supreme Court (Bermuda)

In the Supreme Court of Bermuda

Ward, CJ

Civil Jurisdiction 1992: No. 5'7.7

Rod S. Attride-Stirling

Applicant

and

The Minister of Delegated and Legislative Affairs

and

The Attorney-General

Respondents

Mr. Ian Kawaley for the Applicant

Mr. Peter De Julio for the Respondent

Arrowsmith v the United KingdomHRC [1981] 3 EHRR 218

Newell v Gillingham Corp.UNK [1941] 1 All ER 552

Attorney General of Antigua and Barbuda v HectorUNK (1987) 40 WIR 135

Re Eric Darien, A JurorUNK (1974) 22 WIR 323

Bermuda Constitution Order, s. 15

Defence Act 1965, s. 27

Military service — Deferment — Fundamental rights — Conscientious objector

JUDGMENT

The Applicant was born on the 12th July, 1965. Pursuant to section 16 of the Defence Act 1965 he was first selected by ballot for military service in the Bermuda Regiment in 1985. Because he was a student primarily residing abroad for many years, he was able to obtain a deferment of military training under section 25(1)(b) of the Act. Eventually on his return to Bermuda where he practices as a barrister and attorney, he was required to present himself for medical examination and enlistment on the 6th October, 1992 pursuant to section 17 of the said Act for the purpose of having him commence boot camp in January, 1993.

On the 5th October, 1992 he applied to the Exemption Tribunal, purportedly under section 27 of the Defence Act 1965 to be excused from military service on the ground of being a conscientious objector.

The section reads—

27 (1) 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.

(2) The Exemption Tribunal, if satisfied upon an application duly made to them under this section that the ground on which the application was made is established, shall inform the Governor accordingly; and the Governor shall cause the name of the conscientious objector to be entered in a register of conscientious objectors to be kept by the Governor.

(3) If the Exemption Tribunal are not satisfied as aforesaid, they shall inform the Governor accordingly.

(4) The Governor shall make arrangements for securing that where a person registered in the register of conscientious objectors is called up for military service under this Act, he shall, during the period for which he serves by virtue of being so called up, be employed only in non-combatant duties.

The Applicant set out his case in letters dated 5th and 19th October, 1992, which read as follows—

Rod S. Attride-Stirling

‘Lukout’

38 Jubilee Road

Devonshire DV Ot

5th October, 1992

The Secretary of the Exemption Tribunal

Defence Department

Warwick Camp

1 South Road

Warwick WK 01

FAX NO: 238–8433

Dear Sirs:

This letter is to inform you that I am not in a position to present myself at Warwick Camp at 6:00 p.m. on Tuesday 6th October, 1992 for medical examination and the consequent deemed enlistment into the Bermuda Regiment.

This letter also serves to notify you of my intention to appeal to the Defence Exemption Tribunal to be excused from the Bermuda Regiment and military training and to request a date at which I may put forward my case to them.

I am a newly called member of the Bermuda Bar and demands put on my time by attempts to establish a new practice are already stretched by free legal work. which I undertake as a form of community service and cannot be stretched any further. In addition, as a conscientious objector, I would sincerely request to be excused from any involvement in the Bermuda Regiment.

I look forward to hearing from the Defence Exemption Tribunal, with the view to expanding upon my submissions.

Yours faithfully,

Rod S. Attride-Stirling

‘Rod S. Attride-Stirling

‘Lukout’

Jubilee Road

Devonshire DV06

19th October, 1992

Tel. Home—236–1224

Work—295–1422

Stephen Kendell

Chairman of the Exemption Tribunal

The Defence Department

Fax 297–8472

Dear Sir,

I have been called upon to do military service in the Bermuda Regiment and write to you with reference to this.

I enclose a Copy of a letter which I have forwarded to the Secretary of the Exemption Tribunal. Whereas I am prepared to go before the Exemption Tribunal. I take this opportunity to write to you personally, as is provided for in the Defence Act (Fisrt Schedule, Part 1, s.2(1)), for you to consider, whether on the facts of my case, I may be excused at this stage.

My position is that I am unable to serve in the Bermuda Regiment, or any other military institution, as to do so would be in contradiction of everything in which I believe, and every principle which I hold dear. To me, to be a part of the Regiment would be to be a part of a system, and a philosophy, with which I cannot be associated. I could never share in the philosophy of indoctrinating people, to kill people, whether in the support, or defence of any political philosophy or objective. Quite frankly, in all my reading and travels, I cannot find an example of a case where I can support the existence of an Army.

These views I have held for some time, and I hold such views after years of deliberation. This is shown through my close association with peaceful organizations such as Amnesty International and other non-violent groups, as well as associating myself with philosophies that actively promote non-violence.

As a lawyer I am well aware of the consequences of the position I have taken. However I hope that the view will be taken that in a civilized and democratic society, it is possible for an individual to have strong opinions, which differ from the...