The Court of Appeal yesterday upheld a ruling by Chief Justice Sir Michael Barnett that Royal Bahamas Defence Force (RBDF) officials violated a Muslim marine's constitutional right to freedom of religion when they disciplined him for refusing to participate in prayers led by a Christian minister.
Justice Stanley John and Justice Abdulai Conteh agreed that Gregory Laramore's right to freedom of religion was violated when he was disciplined for leaving a parade of evening prayers (Colours) without permission.
However, Court of Appeal President Justice Anita Allen, in a dissenting view, said, "Contrary to the finding of the learned chief justice, I am of the view that the requirement to take off one's cap during prayer is an act of respect, not an act of Christian worship."
She said that for Laramore to have succeeded in his claim of unconstitutionality, he must have demonstrated that the request to stay in formation during the evening prayers and take off his cap "either took away his freedom of thought or religion", or interfered with the enjoyment of those freedoms.
"This he did not do," she said. "It seems to me that while standing in formation, the respondent had the opportunity to pray to his god, and manifest his religion..." But Justice John and Justice Conteh said that to demand non-Christians to take off their hats during which only Christian prayers are happening cannot be anything "short of coercing non-Christians or persons of no faith, to participate in a form of worship that is not in keeping with the tenets or form of worship of their own faith".
"...To the extent that it does not permit or allow persons to be excused from that part of the Colours parade at which only Christian prayers are to be said, is effectively requiring non-Christians...to show respect for what was being done and not mere passive tolerance," the justices said.
The court ordered the costs to be awarded to Laramore. Laramore converted to the Muslim faith in 1993. In his testimony before Sir Michael, he said that during the year after his conversion, a number of people made representation to the captain of the Coral Harbour Base that people who were of the Islamic faith wished not to be a part of a religious assembly other than that of which their belief was in.
He said it was on this basis that a 1993 memorandum was issued. That memorandum allowed members of religious beliefs other than Christianity an opportunity to excuse themselves during morning and evening prayers. During a military tradition, the defence force chaplain leads prayers.
In April 2007, Laramore was participating in Evening Colours when the command to stand for prayers was given. At that point he dismissed himself from the parade without permission. The 1993 memorandum that excused defence force members who for religious reasons did not wish to participate, was no longer in effect.
In 2006, when Clifford Scavella became the commodore, a new memorandum was issued which rescinded the 1993 memorandum. The new memorandum stated: "Effective immediately, all personnel are to remain present for the conduct of prayers during ceremonial parades and morning/evening colors."
Senior Lieutenant Derrick Ferguson testified that when Laramore, without authorization, dismissed himself from the parade, he was instructed to return to formation but refused.
The Master-At-Arms, Force Chief Petty Officer Brown, was then instructed to detain Laramore until further notice. Laramore, in his evidence, said he was threatened with being fired. He said Brown "informed me that he was instructed to keep me confined at the RBDF base while at the same time taking a cutlass out from the corner of his office and resting it on his desk as if to intimidate me".
Brown denied the cutlass claim.
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