Press Releases & Updates 2001

Leesa French, from Edinburgh, was facing a breach of the peace charge before Sheriff Mhairi Stephen, for her part in the demonstration which caused a ten-minute suspension of First Minister’s Questions. Leesa was one of 12 people who hung banners, sang peace songs and demanded that the Parliament address the question of Trident.

The Crown case consisted of the evidence of gallery attendants at the Parliament and a police officer, along with the official parliamentary video which covered the demonstration. One of the gallery attendants said she got a bit of a fright when the demonstration took place, but only because it was her first day in that job and she did not know what to expect. At the conclusion of the Crown case defence solicitor Joanna McDonald submitted that there was "no case to answer". She argued that there was no evidence of a breach of the peace. The witnesses had all agreed that the demonstration was peaceful and the video confirmed this. Joanna referred to the High Court’s clarification of the criteria for the breach of the peace charge in the Smith v Donnelly appeal. The prosecution had to show that real alarm or distress had been caused, or were likely.

Sheriff Stephen agreed. It was clear that there had been a breach of the "decorum" in the rules of the Scottish parliament but it was also clear that there had been no breach of the peace.

Of the four demonstrators who have so far been tried only one, Jane Tallents, has been found guilty and she has appealed the verdict, while Elinor Mackenzie was found not guilty and the charge against Ulla Roder was Not Proven.

David Mackenzie said: "By this time it should be obvious to the Procurator Fiscal that Edinburgh Sheriffs are less and less likely to treat this demonstration as a criminal matter, especially after the Smith v Donnelly appeal. The Crown has now a clear responsibility to put an end to this waste of public money and drop the remaining seven cases."

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