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Press Releases & Updates 2004

20th October 2004

"Strong, Independent and Courageous Judges Needed!"

Protester’s plea as Faslane appeals are refused

Today peace protester Pat Sanchez, during her appeal against a conviction for a breach of the peace at Faslane naval base, challenged the Scottish High Court in Edinburgh to play their part in confronting the British state over Trident.

Pat, who is from Littleborough, said: "When we have politicians who have so lost sight of morality and any sense of humanity that they are prepared to use nuclear weapons, we need strong, independent, courageous judges to remind them of their duty to honour the law. In other more dangerous days or countries, such judges risked their lives to be truthful to the spirit of the law. So it is even more disheartening that in our country, where all they risk is the opprobrium of ruthless, irresponsible politicians, or the chance of promotion, that they fail the people by choosing to serve their political masters rather than the cause of justice they have sworn to uphold."

Pat’s appeal was one of seven that Lord Gill, Lord Hamilton and Lady Cosgrove refused today. The three judges claimed that they were bound by the judgement of five law lords in the recent Gaynor Barret appeal. The implication of that judgement is that lying in the road, no matter how peacefully, and regardless of the presence or absence of traffic, will always amount to a breach of the peace. This stance was seen at its most absurd today in the appeal of Morag Balfour from Glenrothes, who was arrested at a sombre Hiroshima commemoration outside Faslane, when the atmosphere was so peaceful that she fell asleep as she lay in the gateway.

Appellant Inigo Ayarza, from Glasgow, told the court of his sense of grievance that peace protesters and environmentalists were treated as criminals. Marlene Yeo, from Loughborough, complained that the magistrate who had convicted her had not listened to her defence but had given a stock judgment based on previous cases. Three other protesters were represented by solicitors but fared no better, other than a small reduction in a fine.

A Trident Ploughshares spokesperson said:

"The notorious charge of breach of the peace is now in greater disarray than ever, as far as peaceful protest is concerned. The Scottish criminal justice system, from Helensburgh District to the High Court of Justiciary, is prepared to twist the law to prevent peaceful protest and defend Britain’s weapons of mass destruction. When a law is corrupted in this way to serve a political end the only just way to respond is to disobey it. Blockades at Faslane will continue."

Note: Lloyd Quinan’s appeal was not heard today and will be called at a later date.


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