Press Releases & Updates 2004

Alan Wilkie (72), from Edinburgh, was all set to argue in his defence that he was the subject of discrimination when police at the April 2003 blockade arrested him, but did not arrest a group whose conduct was identical to his. The group who were not arrested included MSP Tommy Sheridan and other candidates for the Scottish Parliament elections which were held the following week. Among Alan’s witnesses for today were MSP Francis Curran and Chief Superintendent E.M. Roger. Campaigners strongly suspect that police were politically motivated in their decisions at the April 2003 blockade and did not want to grant publicity to the candidates by arresting them.

When Alan’s case was called Procurator Fiscal Boyd asked for an adjournment on the basis that he had received no intimation of the defence witnesses. Justice of the Peace Viv Dance granted an adjournment of the trial until 15th February. She felt it was only fair since in this case since the defence had been given witness statements by the Crown. Alan pointed out he had only got these statements after asking for them. It was up to the Procurator Fiscal to make a similar request if he wished.

There is no legal obligation on either side to provide such information and in this court it is frequently not supplied when requested by people who are defending themselves. Alan himself has been able to call witnesses in his defence in previous trials in this court without having to provide lists and statements.

At a preliminary hearing on the case Alan lodged a submission that the arrest breached his rights under the European Convention on Human Rights. When the magistrate rejected this submission Alan appealed to the High Court of Justiciary. Although that appeal was rejected on 5th August, Lord MacLean, presiding, said that the rejection was simply due to the lack of facts in the case and that the legal issues Alan raised were new and would deserve consideration, should the case return to the High Court. As a result Alan is keen to make sure that all the facts relevant to the claim of discrimination emerge at his trial - hence the nine witnesses.

A Trident Ploughshares spokesperson said: "This is another example of the criminal justice system here moving the goalposts to suit itself. For whatever reason, the Procurator Fiscal did not want this trial to go ahead and as a result there is further delay in dealing with the case and nine people have been put to considerable and unnecessary inconvenience. Alan still believes he has a good case and will persevere."

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