Press Releases & Updates 2004

A five-strong panel of judges (Lord Cullen, Lady Cosgrove, Lord McLean, Lord McFadyen and Lord Sutherland) heard the appeals last month, along with two others unconnected to anti-Trident protest. Jane Tallents (45), from Helensburgh, appealed against a conviction for protesting against Trident in the Scottish Parliament in April 2001; Margaret Jones (55), from Bristol, against a conviction for a blockade at Faslane in February 2002; Gaynor Barrett (25) from Exeter, against a conviction for a blockade of the warhead depot at Coulport in 1999.

The judges have issued a 26-page judgment backing the decision of the magistrates and sheriff who handed down the convictions. Though the judgment has still to be scrutinised in detail, it appears to support the status quo as represented in the Smith v Donnelly opinion. Campaigners say this means that across the country people will be acquitted by unbiased magistrates who find that the actions of the accused were unlikely to cause fear and alarm, while the politically biased justices at Helensburgh District Court will continue to convict peaceful protesters.

A Trident Ploughshares spokesperson said: "The High Court judges say that the circumstances are crucial for assessing a charge of breach of the peace that behaviour which is a breach of the peace in one context may not be in another. What they have lamentably failed to do is to show any appreciation of the context for anti-Trident protest. Our actions at Faslane and elsewhere are famed for their peaceful and non-violent nature and our protest is against illegal weapons of mass destruction. Like their colleagues who handed down the notorious Lord Advocate’s Reference judgment in 2001 they seem to have no understanding of what nuclear weapons actually are. In Jane Tallents’ case they have said that prosecuting her was valid since it provides a deterrent. We want to make it clear that this judgment will not deter us from our campaign of direct action against Trident."

The full judgement can be found http://www.scotcourts.gov.uk/opinio...

Printer friendly version

Home | Top