Press Releases & Updates 2003

Gillian Sloan (40), from Edinburgh, and Dave Rolstone (55), from Wales were arrested last August after spray-painting the word "Vile" and the CND symbol on HMS Vigilant in its high security berth at Faslane naval base. They were charged with breaching the military by-laws and with malicious mischief.

The case was adjourned until yesterday after two full days of trial in March, which ended with both accused making submissions of No Case To Answer, Gillian in respect of the charge of malicious mischief and Dave in respect of all three charges against him. As well as the two charges associated with the submarine incident he was also on trial for an alleged breach of the peace during a blockade of Faslane’s north gate when campaigners lay in the gateway to symbolise the ongoing suffering of the people of Iraq and the new threat of war.

Although he repelled the other submissions Sheriff Pettigrew upheld Dave’s submission in regard to the breach of the peace charge, agreeing that the Crown had not led any evidence that would satisfy the criteria outlined in the Smith v Donnelly judgment.

Presenting legal arguments on the remaining charges Dave argued that his actions had been justified because of the reality and scale of the Trident threat and the fact that UK Defence Minister Geoff Hoon had three times threatened its use in the context of Iraq. Dave backed his case with reference to the UN Charter, the International Court of Justice’s Advisory Opinion of 1996 and the Lord Advocate’s Reference (LAR) relating to the Trident Three acquittal. Even allowing for the dubious claim made in LAR that international rules regarding weapons only applied during "armed conflict" their disarmament action had been justified because the UK had been, since 1998, engaged in intensive bombing of Iraq. He ended by saying: "On this issue silence is not mere consent, it is complicity." Gillian adopted Dave’s summing up and added that she had had no option but to attempt a disarmament action. Sheriff Pettigrew said he would study all the submissions and documents with care before announcing his verdict.

A Trident Ploughshares spokesperson said: "This is probably the first time after the Lord Advocate’s Reference in 2001 that the accused have been permitted in a Scottish court to present a thorough case against Trident. It was thrilling to be there as Gillian and Dave took full advantage of the opportunity."

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