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Press Releases & Updates 2001
13th December 2001
Another Scottish Parliament Demonstrator Acquitted
Campaigners’ Mounting Impatience with Scottish Criminal Justice System
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Yesterday another of the eleven activists who demonstrated against Trident
in the Scottish parliament in April was found not guilty of a breach of the
peace amid growing concern among campaigners about the performance of the
Scottish Justice system in its response to civil resistance to the UK’s
nuclear weapon system.
Morag Balfour (28), from Glenrothes, was one of eleven charged with breach
of the peace after demonstrating during First Minister’s Questions on 5th
April. When the Crown completed its case in Edinburgh Sheriff Court,
Morag’s solicitor Andrew Brophy submitted that there was no case to answer,
claiming that there was no evidence of the actual or potential fear,
distress and alarm essential to establish the charge following the
clarification in the High Court Opinion in Smith v Donnelly.
After
consideration Sheriff McKinnon accepted the submission. Five of the
Scottish parliament demonstrators have now been tried leading to one guilty
verdict (which is being appealed), three acquittals (one of which is being
appealed by the Crown), and one Not Proven.
Today Brian Quail’s trial was adjourned due to the unavailability of a
Crown witness. Less understandable was the adjournment of Maire-Colette
Wilkie’s trial. She had made the court aware of her hearing difficulty but
on the day no courtroom with a loop hearing system was available. Joy
Mitchell traveled from Berwick for her trial today day only to discover
that the court did not have her on their schedule. They had clearly given
her today’s date at a previous hearing, as confirmed by friends and
supporters who were present. The court expects to try her on the 18th
December. Joy will formally complain.
Morag said: "This stupid prosecution has been a complete waste of
everybody’s time and the number of acquittals just confirms it. When you
take into account the savage jail sentence given to Jenny Gaiawyn last
month, the abuse that we got from Sheriff Ronald Smith when he called us
parasites, the bias and incompetence of Justice of the Peace Fraser Gillies
and the muddle in Edinburgh Sheriff Court over our cases, you have to admit
that the performance of the Scottish justice system is deplorable."
Yesterday the High Court upheld an appeal against sentence by Myra Garret,
from London, who was fined £250 in Helensburgh Court by Justice of the
Peace Fraser Gillies for a breach of the peace at the blockade of Faslane
in February this year, reducing it to £175. This is the fifth time in
Trident Ploughshares cases that such an appeal against sentence imposed by
JP Gillies has been upheld
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