
Press Releases & Updates 2001
26th November 2001
Green MEP Ready To Risk Jail In Faslane Case
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Green Party Member of the European Parliament Dr. Caroline Lucas said she
would appeal the verdict and would not pay the fine after being found
guilty today in Helensburgh District Court of a breach of the peace charge
arising from the Big Blockade of Faslane in February.
On 12th February this year she sat down with others in the roadway leading
to the north gate of the naval base. Conducting her own defence before
Justice of the Peace John Macphail, Dr. Lucas elicited from Crown witnesses
and from witnesses for the defence that her actions and those of her fellow
protesters had been completely peaceful and non-violent.
In a lengthy legal
submission she told the court that a breach of the peace had to involve
behaviour that was genuinely alarming and disturbing and there was no
evidence of this. Under the European Convention on Human Rights she had a
right to freedom of expression and freedom of assembly - and peaceful
assembly on a highway was not necessarily unlawful. Her action was
justified under international law and the Scottish High Court had erred in
its judgment on the Lord Advocate’s Reference when it said that the
strictures of the International Court of Justice against nuclear weapons
only applied in time of war.
Procurator Fiscal McRae based the Crown case on the fact that she sat in
the roadway, did not stop doing so when asked and intended to prevent
traffic entering the base. JP Macphail fined her £150 with 28 days to pay.
Earlier Kreb Dragonrider (44) was given his freedom after spending five
weeks in Greenock Prison. Today Kreb was found guilty of a breach of the
peace at the October 22nd blockade of Faslane and pled guilty to failing to
appear at court. Due to the time he had served in prison on remand he was
simply admonished on both charges.
David Mackenzie said: "There was not one shred of evidence that Caroline
had breached the peace at the Big Blockade and she demolished the charge
brilliantly line by line as well as giving an extremely thorough legal
analysis. None of this, of course, had any effect on the automatic response
of the JP."
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