Faslane Blockader Committed No Crime

Says Sheriff In a significant break with the regular response of the local courts to protests at the nuclear weapons bases in the Clyde estuary a Dumbarton sheriff today dismissed the case against a Faslane protester and said that the charge of “breach of the peace” had been completely re-shaped since the Smith versus Donnelly appeal.

On trial for a breach of the peace was 70 year-old retired company director Alan Wilkie from Edinburgh, who took part in the Big Blockade of Faslane on 12th February 2001. Alan represented himself and in his cross-examination of the police witnesses was able to show that the North gate of the base where the protest took place had been closed and that the police had diverted all vehicular traffic away from the base to avoid any risk to pedestrians taking part in the protest. The Crown witnesses also confirmed that Alan’s action had not been flagrant and had not caused the degree of alarm or disturbance necessary to prove the complaint, in the now famous clarification given by the High Court in Smith V Donnelly.

At the conclusion of the Crown case Alan submitted that there was no case to answer. He was accused of interrupting the free flow of traffic, but that in fact had been done by the police diversion and by the base closing its gate. His actions had not met any of the criteria for a breach of the peace.

Sheriff James Scott agreed that the accusation of halting the traffic could not stand. Noting that Alan had accurately structured his cross examination around the terms of the High Court Opinion in Smith v Donnelly he said that Procurator Fiscal Donnelly must rue the day he brought Pamela Smith to Helensburgh District Court since her appeal that re-shaped the structure of the breach of the peace offence, at least “in this part of the world where we have the demonstrations.” He accepted Alan’s submission and dismissed the case.

A delighted Alan Wilkie said: “That was a fair trial and the Sheriff showed good sense and understanding. What a pity we have to go to such lengths to show that we are not committing a crime when we protest against Trident.”