
Press Releases & Updates 2001
14th June 2001
Scottish Court Turns Down Appeal by Activist
Campaigners Say Legal Argument Will Go On
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At a hearing in Edinburgh today the Scottish Appeal Court turned down an
appeal against conviction by a Trident Ploughshares activist. The decision
of the three judges followed from High Court Opinion on the Trident Three
Lord Advocate’s Reference in March this year.
Brian Quail (63), a retired teacher from Glasgow, was appealing against two
convictions for anti - Trident actions dating back to 1998. Representing
himself Brian said that he could not accept the High Court’s judgment on
the Lord Advocate’s Reference uncritically. He could only regard that
judgment as illogical, perverse and dishonest.
In a telling passage he poured scorn on the statement in the ruling that
the laws that apply to war do not apply in times of peace. On that basis it
would be legal for the state to build concentration camps and gas chambers
and to openly proclaim its willingness and determination to use them if the
"need" arose. Presumably one would have to wait till the black smoke was
pouring out of the chimneys before any legal challenge could be made.
He said: "The judgment reads throughout as if it were a leisurely
theoretical discourse concerning a somewhat unreal future hypothesis. There
was no awareness that we are dealing with the ever-present possibility of
immediate global destruction." He concluded with an account of the
suffering and death that had already happened as a result of the
preparation, testing and use of nuclear weapons.
The Crown made a simple reference to the High Court judgment. Lord
Coulsfield said that the bench respected sincerely held views but after the
High Court judgment there was nothing to be said and such appeals could not
be upheld. The other judges were Lord Osborne and Lord Caplan.
A Trident Ploughshares spokesperson said: "It was great to be in court
today hearing Brian talking such sense so powerfully. This was not a
surprising outcome but these judges should not imagine that the arguments
are over. The straightforward case against Trident and plans for mass
murder has to win sooner or later."
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