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Press Releases & Updates 2002

12th November 2002

Aamer Anwar Criticises Crown for Prosecuting Peaceful Protester

Glasgow lawyer, Aamer Anwar, appearing for the defence in Helensburgh District Court today, said that it was ironic that at a time when International Law was being used to propagate war his client should be prosecuted for a Breach of the Peace for protesting against war.

Mark Porciani, 26, from Dumbarton was arrested at a blockade of the Faslane Trident submarine base on Oct 22nd last year. The two police witnesses agreed that the demonstration had been peaceful and that Marks behaviour had been friendly and non-threatening and in fact the Tony Blair mask he was wearing at the time had lead to some good humoured banter. Mr Anwar lodged a copy of the Helensburgh Advertiser of last October which quoted the Strathclyde police spokesperson and the base spokesperson saying that there had been no disruption to the normal operation of the base. He argued that in line with the Smith v Donnelly judgement and the upholding of Tommy Sheridan’s acquittal there had been no evidence of any behaviour that amounted to a Breach of the Peace.

He concluded the defence by saying: ’In Scotland demonstrations take place on a daily basis. There is disruption to the traffic and the public, and my understanding is that in a democratic society that does not constitute a crime as yet! As this country prepares goes to go to war against another country for alleged possession of weapons of mass destruction it seems quite reasonable for Mark Porciani to have taken part in a peaceful protest against such weapons.’

JP Fraser Gillies found Mark guilty and fined him £120.

Earlier Charles Booth 30, from Edinburgh was found not guilty when the second police witness identified someone else in the court as the person he had arrested.


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