Press Releases & Updates 2005

In the two-day trial Alan Wilkie (72), from Edinburgh, argued 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 the nine witnesses in Alan’s defence 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. The defence called nine witnesses but Justice of the Peace Viv Dance refused to admit evidence about police motivation for a policy of selective arrest.

Alan also argued that the criteria for a breach of the peace conviction, evidence of the fact or likelihood of serious alarm and disturbance, had not been met.

In a lengthy preamble to her guilty verdict JP Dance said there was no evidence of selective arrests and she was satisfied that his behaviour had been disorderly and flagrant. She fined Alan £150

Alan said: “The JP got so much wrong today. In particular there was obvious and indisputable evidence of selective arresting by the police. Still, the guilty verdict does give me the opportunity of taking the matter back to the High Court in an appeal against the verdict.”

At a preliminary hearing on the case Alan had lodged a submission that the arrest breached his rights under the European Convention on Human Rights. JP Dance was also presiding at this hearing and rejected the submission. Alan then appealed to the High Court of Justiciary. Although that appeal was rejected on 5th August last year, Lord MacLean, presiding, said that the rejection was simply due to the lack of evidence to support the 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. Alan had called a long list of witnesses so that the facts relevant to the claim of discrimination would emerge at his trial.

Anti-Trident campaigners are hoping that Strathclyde’s policy of mass and selective arrests at Faslane protests continues to be under legal and public scrutiny in the run-up to what is likely to be the biggest blockade ever at Faslane on 4th July, just before the G8 summit.

Printer friendly version

Home | Top