By LAMECH JOHNSON

Tribune Staff Reporter

ljohnson@tribunemedia.net

A FORMER Defence Force officer, who converted to Islam nearly two decades ago, won his civil suit against the Royal Bahamas Defence Force for breaching his freedom of religion when he was disciplined for stepping out of a parade during a prayer.

The judgment was handed down yesterday morning by Chief Justice Sir Michael Barnett who awarded Gregory Laramore of Flamingo Gardens $10,000 for damages for infringement upon his constitutional right.


“The plaintiff was required to suffer indignity and costs of disciplinary proceedings for standing up for his constitutional rights” the chief justice said in his ruling.


“He is, in my judgment, entitled to an award of damages to compensate him for that infringement. I award him the sum of $10,000 as damages for the breach of his constitutional rights.”


When contacted for comment about the outcome, Mr Laramore said he would speak with his attorneys Wayne Munroe and Tonique Lewis before giving his thoughts about the ordeal and the outcome.
Laramore was a Petty Officer at the time of the breach, April 25, 2007, when he was punished for not participating in a morning and evening parade of “Judeo-Christian” practices.


Laramore, in the substantive hearing on July 30, 2012, said he was released from the force in October of that year after receiving an official document.


However, Crown attorneys Kayla Green-Smith, Ingrid Cooper-Brooks and Charlton Smith argued that the release was not until three years later.


They also noted that the Defence Force issued a temporary memorandum in 1993 allowing those of faiths other than Christianity to fall out of line during ceremonial prayers.


They also submitted that the memorandum was no longer in effect as of 2006 when the new Commodore of the agency issued a new memorandum revoking that clause and ordering that all persons be required to stand in line.


The incident that was being disputed took place in 2007, a year after the change.
The Crown said that the plaintiff was not required to recite the prayers during the parade, only to remain there as the parade was a formation exercise.


“He was given a lawful command to remain on the parade. The plaintiff dismissed himself, he remained in the area but left the formation,” Mrs Smith said at the substantive hearing.
She added that Mr Laramore left the force three years after the incident took place.


In yesterday’s ruling, Chief Justice Sir Michael spoke about the change of the memorandum in 2006.
“In my judgment, the 2006 Memorandum by requiring the plaintiff, a non Christian, to remain on parade with his cap off whilst a Christian minister said a prayer, was a violation of the plaintiff’s freedom of religion.”


“I am also satisfied that this violation cannot be justified under the provision of Article 22(5). As the First Defendant himself conceded there was no clear military purpose for the prayer, which was only conducted during the colours ceremony three days of the week.”


The chief justice supported this with an authority case from a Canadian Marshall Appeal Court before going on to say that Laramore was perfectly justified in challenging the order.


“Whilst I have no doubt that the first defendant had an honest belief in the propriety of revoking the 1993 Memorandum and implementing the new 2006 policy, his belief though honest was in my judgment simply wrong,” the chief justice said.