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Press Releases & Updates 2001

14th June 2001

Scottish Court Turns Down Appeal by Activist

Campaigners Say Legal Argument Will Go On

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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