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Press Releases & Updates 1998

10th November 1998

International Law Applies in Scotland, Claims Law Lecturer

In the first of a series of trials held today in Argyll and Bute District Court in Helensburgh, Hanna Jarvinen from Finland and Hans Lammerant from Belgium were found guilty and fined, in spite of cogent arguments from expert witnesses. The charges related to their direct disarmament actions in August as Trident Ploughshares activists.

They mounted a brilliant defence based on the illegality of Britains nuclear weapons and the duty of all citizens to prevent the war crime involved. They had three expert witnesses to back up their case. Fred Starkey of Pax Legalis, an organisation committed to exposing the illegality of nuclear weapons, explained that after years and years of effort it had proved impossible to take the British Government to court on the issue. Direct action was therefore the reasonable option. John Ainslie of Scottish CND gave evidence of the imminent danger that nuclear weapons presented. Catriona Drew, a lecturer in the School of Law at Glasgow University, testified that the Nuremberg principles have universal application and that international humanitarian law was relevant to the matter in hand and applicable in Scotland.

Procurator Fiscal Donnelly had the gall to ask Hans whether the only reason he had come to the UK was "to wreck our defences". Helensburgh mother of two Jane Tallents said :"The PF only speaks for himself. We need all the help we can get from our international colleagues to rid this country of its shame. Nuclear weapons, wherever they are, are a dire problem for the whole world to deal with."

Although Justice of the Peace McGuigan said that she "believed" Hans, she did not have the courage to grasp the challenge of argument and found them both guilty. Hanna, who has no income, is to pay a fine of 20 pounds. Hans was fined 40 pounds and given a compensation order of 250 pounds for damage to the fence.

All the other cases scheduled for today have been adjourned until January.


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