Press Releases & Updates 2002

Justice of the Peace Fraser Gillies told Mark that he was not convinced beyond reasonable doubt that he had committed the offence. Since there was no dispute or contradictory evidence about the basic facts of the case this could only mean that the magistrate was not sure that lying in the roadway at Faslane was a breach of the peace, a decision that reflected the view of the High Court last week.

Mark’s defence was based on the peaceful and relaxed nature of the protest and the consequent lack of evidence of alarm or serious disturbance. His own testimony was backed up by that of his partner Roz Bullen, and when Mark asked her what he had been like at the blockade she said with a smile: "Very quiet". Procurator Fiscal Simpson argued that Mark’s conduct had been "flagrant" due to the scale of the protest and the fact that he had not left the roadway when asked to by the police. When discussing the question of scale PF Simpson said that one person lying in the roadway probably did not amount to a breach of the peace.

Mark said: "I am delighted! I appeared today expecting the usual automatic verdict. This is a significant change."

Earlier Morag Balfour (35), the prospective Scottish Socialist candidate for Central Fife in next year’s Scottish Parliament elections, had her not guilty plea accepted by the Crown after it was discovered that the police witnesses in her case had been sent away in error. The case against Pat Halcro (57), from Newcastle, for a breach of the peace at Faslane in February, also collapsed due to Crown confusion about whether the alleged offence took place at the North Gate of the base or at the South Gate.

David Mackenzie said: "It is disappointing that the Crown is still trying to make these cases stick in spite of the Sheridan judgment. This has left them clutching at straws and, frankly, lacking conviction in their arguments. It’s time for them to throw in the towel."

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