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Press Releases & Updates 2002

29th October 2002

Protester Accuses Court of Making a Mockery of the Law

Dr Margaret Jones today blasted the Helensburgh District Court for yet again misinterpreting the latest ruling from the High Court on Breach of the Peace. Having already sat through two other similar trials for blockades of the Faslane Trident base which resulted in convictions she expressed her concern that the Smith v Donnelly opinion and the upholding of Tommy Sheridans acquittal were not being followed.

Giving evidence about her part in the blockade of the South gate on 12 February this year Dr Jones (53), from Bristol, said that the issue was not whether she locked herself to someone’s wheelchair, lay in the road and obstructed traffic but whether that behaviour caused anyone to be in fear or alarm or was genuinely disturbing to the community. The Fiscal, Mr Boyd, said that her behaviour would have been extremely annoying to base workers who couldn’t get to work. Dr Jones replied that this was an absurd and illogical argument as the High Court made it quite clear that annoyance was not enough to be a Breach of the Peace and that if she was convicted on this basis then it would be a distortion of the law. Justice of the Peace Grace McLeod found her guilty and fined her £120 at which Dr Jones said that given the mockery of the court she would under no circumstances pay.

Earlier CND Chairperson Carol Naughton (48) from Birmingham was found guilty of Breach of the Peace for blockading Faslane on February 11th this year. In evidence she said that her actions were entirely peaceful and posed no threat whatsoever in contrast to those of Minister for Defence Geoff Hoon who alarmed everyone greatly with his threats to use Trident on Iraq. She added that base workers may be annoyed at being unable to get to work but as Chair of CND and as a responsible citizen her job was to try and disrupt Trident. She was found guilty and fined £75

David Turner (78) from Edinburgh charged with Breach of the Peace for his part in the Faslane blockade on 22 October last year submitted that there was no case to answer as there was not a shred of evidence that he had done anything which matched the criteria required in the Smith v Donnelly opinion. The Procurator Fiscal countered that the blockade was calculated to cause extreme annoyance and the Justice accepted that there was a case to answer. Even when in evidence David pointed out that the person to whom he had been attached was acquitted by the Sheriff Court the Justice went on to convict him. In mitigation David said that the last time he had appeared in court was 60 years ago as a Conscientious Objector and it was his conscience which had motivated him to work for Peace and Justice ever since. As a former probation officer he respected the law but had a moral compulsion to follow in the honourable tradition of direct action against nuclear weapons. He was fined £100, which he told the court he wouldn’t pay.


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