Press Releases & Updates 2000

Marilyn Croser (24), a student from Glasgow, and Helen Harris (27), an adult education tutor from Bristol, had been charged with three offences relating to their participation in a Trident Ploughshares disarmament action at Faslane naval base in August last year. There were two charges of criminal damage (cutting the base’s perimeter fence) and one of breaching the military bye-laws. In regard to the criminal damage charges the police witnesses were unable to show any clarity about which fences were being referred to. In the case of the bye-law charge the witnesses were unable to show that the women were on MOD land without proper authority. There was also confusion about identity.

Although JP Stirling did not permit the accused to develop issues of international law in cross examining the Crown witnesses there was one interesting exchange with a Strathclyde PC from the Gorbals Division. He had come to the scene after being informed by a member of the public that someone was cutting the base’s fence. In cross- examination Helen Harris asked him whether he would similarly investigate if told by a protester that international law was being breached by the activities behind the fence. He readily acknowledged that he would.

The accused did not take the witness stand but just gave a statement in summing up, on the grounds that they were weary of the continued refusal of the District Court to consider arguments based on international law. The Crown evidence had been patchy and sloppy but the real issue was not what fence had been cut where but the criminal activity going on inside the base. It was shameful that in spite of the judgment of Margaret Gimblett in acquitting the Trident Three at Greenock the District Court did not take account of the illegality of Trident.

In delivering his verdict JP Stirling said that his court did not have the discretion to argue the rights and wrongs of international law. The "appeal" of the Trident Three case had not yet been heard by the High Court and the relevant ruling was still that of the High Court in rejecting the appeal of activist Helen John. Yet the prosecution had not provided sufficient evidence to substantiate the charges and he therefore found the accused not guilty.

At this point Helen Harris interjected: " I wish you had a better reason than that for finding us not guilty." Stirling replied: " Be thankful for small mercies."

Later Helen Harris said:

"The JP’s position is illogical. If the District Court is not competent to deal with international law he should refuse to try our case. The whole episode was a hollow farce. One ray of light was the Gorbals PC who promised to investigate international crime. He will have a big mail bag soon!"

A Trident Ploughshares spokesperson said:

"JP Stirling is all over the place in legal terms. International law applies at any level of justice, even the most parochial. He also has no right to block the cross-questioning of Crown witnesses on matters of international law without giving the accused the chance to show the relevance. Had Helen and Marilyn been convicted this case would have ample grounds for appeal."

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