Press Releases & Updates 2002

Lloyd was arrested at the mass blockades of the nuclear weapons base in February and October last year. Appearing for Lloyd, solicitor advocate John Scott (chair of the Scottish Human Right Centre) argued that the High Court should be asked to give the lower court its advice on the applicability to the case of Sections 10 and 11 of the European Convention on Human Rights which deal with the right of expression and of peaceful assembly. In his view the core of the issue was defining where the boundaries of the right to protest lay in a democratic society and whether this prosecution was going too far.

This issue had not been dealt with by the High Court in the Smith v Donnelly appeal or in the Lord Advocate’s Reference on the Trident Three trial, although it had been referred to in both.

In John Scott’s view the High Court were practically inviting someone to raise the matter. His submission was neither trivial nor a ploy to avoid trial but was a genuine attempt to get the High Court’s advice on a crucial issue on which the law had not been defined. Furthermore, a Spanish case raised under the Convention had shown that an elected representative had an enhanced right of freedom of expression, as relevant to his or her public duty.

Procurator Fiscal Boyd referred to the clauses within Sections 10 and 11 of the EHCR which made it clear that the rights in question were not absolute. Citizens may exercise their rights must still stay within the criminal law and that would be a matter for the trial. John Scott countered by quoting Lord Hope to the effect that these matters were proper for the High Court to consider. Further, this was the only point in the process at which they could be raised.

Justice of the Peace John MacPhail rejected the submission after a short adjournment and then went on to refuse leave to appeal against his decision. Trial was set for 9th September. Lloyd Quinan said: "I was disappointed with the outcome. This should be dealt with by the High Court, not by one in which the magistrate has to borrow the relevant law book from the defence lawyer!"

Jane Tallents said: "Whether people are being found guilty of Breach of the Peace for protesting about Trident does not just depend on the facts of the case but also on the courts interpretation of the law. Breach of the Peace is being applied so inconsistently in the Helensburgh and Dumbarton courts that it really should be sent to the High Court for clarification before we all completely lose our faith in the justice system."

On trial today in the same court was Anna Coldham (22), from Faslane Peace Camp, who was charged with a breach of the peace at the Big Blockade of Faslane last February when she locked herself to an MOD cherry-picker which was on its way to remove protesters from a protesters’ tripod which was blocking the road to the base’s south gate. She was found guilty and fined £60.

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