Press Releases & Updates 2002

Felicity Garvie,(47), who is the MSP’s office manager, was found guilty by Justice of the Peace Viv Dance of breaching the peace at a blockade of Faslane. As is standard, the police witnesses testified that the protest had been friendly and peaceful. Indeed one police officer said she was the most pleasant person he had ever had to deal with. Like Tommy, Felicity accepted that she had sat down in the roadway at the base but argued that the Crown had not brought any evidence of the alarm or serious disturbance necessary to prove the charge. Felicity, who was fined £150, will appeal the verdict. She said: "This is an utter travesty. Today’s nonsense just makes me more than ever determined to continue the struggle against Trident."

However, JP Dance then found the Rev. John Webster (68), from Kings Cross in Arran not guilty, giving as justification that each case had its individual nuances. She said that in the Sheridan case there was no evidence of a warning having been given by police or that traffic had been held up and she was not convinced that these elements were present in John Webster’s case.

Jane Tallents said: "JP Dance has misunderstood what happened at the High Court two weeks ago. That Court upheld JP Tony Stirling’s acquittal of Tommy Sheridan on the grounds that the Justice had applied the law as it stood, i.e., the clarification of the breach of the peace charge as given in Smith v Donnelly which makes it clear that evidence of or the likelihood of alarm or serious disturbance is required. It is nothing to do with traffic being held up whether or police warnings were given. These Faslane blockades are so amiable and gentle that no one there is within a million miles of breaching the peace. The continuing mess does raise questions about the quality of information and advice being given to these lay magistrates and their own readiness to take the trouble to find out the legal facts for themselves."

In the same court Martha Andrews, who is a student of religion and anthropology, was found guilty of malicious mischief for cutting the perimeter fence at the Coulport nuclear armaments depot and was fined £80. No compensation order was made. Martha argued that there had been no malice in what she had done. She had acted out of compassion whereas Trident was an act of ultimate malice.

Printer friendly version

Home | Top