By The Canadian Press

OTTAWA - The Federal Court says the refugee board must reconsider the case of a lesbian who deserted from the U.S. army and fled to Canada.

Judge Yves de Montigny says the board erred last February when it rejected Bethany Smith's bid for refugee status.

Smith says she fled the army because she was harassed and threatened by fellow soldiers over her sexual orientation.

She says she couldn't seek help from her superiors because she feared they might have been part of the harassment.

The judge said the board must reconsider her case because it unfairly dismissed evidence suggesting that gays face harsher treatment in the American military justice system.

Smith says she would fear for her life if she were deported and returned to the army.