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Former Magistrate Fined For Faslane Blockade Among those fined on 14 May by a Scottish court for taking part in the blockade of Faslane last October was a former magistrate from Birmingham who drew to the court’s attention the radical criticism by a noted international lawyer of the Scottish High Court Opinion on the Trident Three trial. All five on trial today submitted that there was no case to answer on the charge of breach of the peace partly on the grounds of inconsistencies in police evidence but mainly because there was no evidence of the alarm, distress or disruption that is in law required to prove the charge. Justice of the Peace Nicholson rejected all these submissions. Former Magistrate Paul Milling, 58, was jointly charged with his wife Rachael Milling, 55, a volunteer co-ordinator, (both from Birmingham) for blocking one of the entrances to the fuel depot to the north of the base. As well as questioning the police evidence and showing that there was no evidence of a breach of the peace, Paul argued that their actions were justified on the grounds of necessity, in the light of the increased level of the threat of the use of Trident as illustrated in the recent statements of Defence Secretary Geoff Hoon. The Scottish High Court, in reviewing the acquittal of the Trident Three, had said that the defence of necessity was invalid, but that Opinion had been subject to considerable legal criticism, notably by US International law expert Charles Moxley.* JP Nicholson’s guilty verdict surprised the ex-magistrate who was convinced that his defence was well founded in law. He and Rachel were fined £100 and £120, the difference being due to the lack of evidence that Paul was joined to other blockaders by a lock-on tube. Myra Garrett 68, a community worker from London, Debbie Mace, 41, voluntary sector finance worker from London and Aneta Bradley, 27, a youth worker from Stocktonon-Tees, were all fined £100. Aneta gave an inspired account of the human case against Trident and in finishing said “ The only fear and distress that I saw at Faslane last October was that caused by Trident. The only breach of the peace is that threatened by Trident.” *See the current edition of the Scottish Juridical Review
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