Scottish High Court Finds Helensburgh Court All at Sea Again
Compensation order of £1495.13 Wiped Out

The Scottish Court overturned a hefty compensation order imposed by Helensburgh District Court on two peace campaigners who breached the perimeter fence at the Faslane Trident submarine base.

Jean Oliver (41), a youth worker with the YMCA from Biggar in Lanarkshire, and Douglas Shaw (51), a librarian, also from Biggar, were found guilty last in December of last year of breaching the bye-laws which apply to the base and with causing malicious damage. They cut their way into the oil-depot to the north of the base in November 2000.

Lords McLean and Macfadyen decided that the sentencing procedure had been flawed. At the original trial no evidence had been led about the cost of repairs to the fence and the issue of compensation was not even mentioned until after the verdict. When the Procurator Fiscal claimed that it would cost £1495.13 to repair the damage, Jean and Douglas attempted to challenge this but JP Dance, hearing that the estimate had been given by the MOD facilities manager, was satisfied that it was "robust" and ordered them each to pay half that sum. Their Lordships said that they thought the figure seemed excessive but as the accused had represented themselves and could not have been expected to be aware of the proper procedure they quashed the compensation order altogether.

Jean said: "We are delighted at the outcome. The order was totally unfair. It is bad enough that they prosecute us for protesting against nuclear weapons. Their incompetence and injustice just adds insult to injury."