Scottish Court on the actions of Irish Peace Activist

national | miscellaneous | news report Saturday September 14, 2002 12:26 by Fiachra - Gluaiseacht

On September the 11th 2002, Wednesday last, a Scottish court found Irish defendant Fiachra O’Luain with an address in Ulster not guilty to the charges pressed against him by the crown. The charges arose from an organised peaceful protest against weapons of mass destruction.

Gluaiseacht Press Release 13-09-2002 Friday

Not Guilty

Verdict of Scottish Court on the actions of Irish Peace Activist Against Weapons of Mass Destruction

On September the 11th 2002, Wednesday last, a Scottish court found Irish defendant Fiachra O’Luain with an address in Ulster not guilty to the charges pressed against him by the crown.

The charges arose from an organised peaceful protest against weapons of mass destruction. 170 people were arrested from dawn until dusk. This protest included people in costume aged from their teens to their eighties, people who chained themselves through their wheelchairs, through pipes in a lock-down against nuclear terror. One M.E.P. ( Member of European Parliament), two MSP's (Members of Scottish Parliament) and many other well respected politicians were prepared to risk arrest in the battle against nuclear arms in the aftermath of the September the 11th attacks and the war in the Middle East.

On October 22nd 2001 up to 1000 people from the locality, Asia, Scotland, Ireland, Wales, England, Europe, the United States of America, Mexico and further afield gathered in a carnival type atmosphere at H.M.S. Faslane Naval Base, thirty five miles from Glasgow City centre.

The Trident nuclear submarine base at Faslane (five miles from the courthouse), contravenes international law as it is unnecessarily endangering human life as being indiscriminate weapons of mass destruction..

The day’s engagements with Justice of the Peace Viv Dance at the Helensburgh Courthouse began at 10am.

The unnecessary use of police force and inappropriate techniques of interrogation were an early theme in the courthouse. Helensburgh, where most cases against those who protest against Trident at Faslane and Coulport come to court, accused campaigners had a much better day than usual as Justice of the Peace Viv Dance found one not guilty, admonished another and issued only modest fines to two more.

Mr. O’Luain (21) had his case scheduled for 1.10pm but as earlier proceedings drew to a swift conclusion he stood to attention for his case much earlier.

The student who studies at Limerick defended himself against the Crown charges for over three hours. Two Strathclyde police officers verified the identity of the accused. Mr. O’Luain and the Crown’s representative then had the opportunity to cross-examine the police officers whom both gave concurrent evidence of the arrest. When asked for Mr. O’ Luain’s statement after arrest both officers quoted him as saying, ‘I am upholding international law.’

Mr. O’Luain then stood in the dock himself and gave evidence.

He told the court how he had returned from America in early September 2001 from a trip which had included visits to both New York, Washington D.C. and Pennsylvania. He talked of the trauma and fear that people suffer universally at the presence and threat of nuclear weapons. ‘It doesn’t matter what side of the fence we stand on we are if we are divided by fear.’ Mr. O’Luain stated that he was a member of the Irish Peace Society and had first hand experience of war zones in Ireland, Poland, Laos, Bosnia-Herzegovina, Croatia, Serbia, United States and Britain. Experience of listening to Non Governmental Organisations and United Nations officials in Sarajevo and Mostar obviously gave him the courage of his convictions. He added that he also has first hand experience of the Peace, Development, Equality, Justice, Democracy, Cultural and National Identity, Security and Hope that can flourish after a cease-fire followed by open dialogue, mutual respect and decommissioning of arm! s and explosive material. ‘An unprejudiced police force is essential to the authority of peace as set out by the Patton principles. The way forward may seem vertical and impassable sometimes but one can never truly fall below the safety net of a free press and a truly representative democracy.’

The defendant also told the court of his long family background in anti-nuclear and U.S. military campaigning. He also told the court that he was worried about the current course of World politics that was endangering the future of Human life.

After all the evidence was heard the court was adjourned for lunch and at 1.46pm Scottish time a minute’s silence was observed for all innocent victims of war and terror.

The Court reconvened at 2pm that afternoon.

Fiachra put forward further evidence to the court which included a full page advertisement taken out in the ‘Sunday Business Post’ by the Irish Government calling for an immediate closure of the Sellafield Nuclear Reprocessing Plant in Cumbria on the English border with Scotland.

This article also called for a stop to those authorities' deceit and threat to the Irish people.

A falsification of documents by England’s BNFL (British Nuclear Fuels Limited) led to Japan’s rejection of a lethal time-bomb of Weapons Grade Plutonium. On their return to England two ships carrying the apocalyptic cargoes, the ‘Pacific Pintail’ and ‘Pacific Teal’ passed through pirate waters and dangerous currents by the Cape of Good Hope (Near the Earth Summit). These MOX cargoes travelled very close to North Korea, a region of volatile conflict and also part of George Bush’s ‘Axis of Evil’. ‘The slightest of incidents, terrorism or no terrorism, would render any nearby continent inhabitable. Britain plan many more of these shipments, through Irish waters to boot!’

Fiachra challenged the crown’s authorities to take such risks with anybody’s life and let alone the life of Ireland.

Mr. O’Luain also submitted newspaper evidence of a 1000lb live bomb from Second World War found twenty yards from the jetty serving four Trident Nuclear Submarines in June of this year. This bomb was undetected at the time of the protest organised between Trident Ploughshares and the Strathclyde police on October 22nd 2001. Also submitted was a copy of an 19th/20th century Irish biography with a first chapter account of how the subject’s grandfather had been snatched from a fishing boat and forcibly pressed into the Royal Navy during their war against Napolean.

Mr.O’Luain then called his only witness. This woman flew twice on that day to get to and from Scotland. Eleanor Lamb gave evidence as a character witness.

The first question asked was, ‘Ms. Lamb could you please tell the court what your relationship to me is?’

‘I am his mother.’ Ms. Lamb replied.

Eleanor gave evidence of the accused being two weeks old at Fiachra’s his first Anti-Nuclear demonstration, the accused’s reasons for being in Scotland and his frame of mind before and after the arrest.

The crown’s representative was given a chance to change the motion. The Procurator Depute changed the charge to from lying down to sitting down on the road, along with hundreds of other members of the public. This was granted.

The Justice of the Peace retired to her chambers for a few minutes before returning a ‘Not Guilty’ Verdict. This was on the grounds of disatisfactort evidence to prove that O'Luain had refused to desist when asked.

Fiachra admitted to being very relieved at the verdict though still very anxious for the future if the threat of any war is listened to. 'We all have our grief and this should not be played upon.'

‘It’s because of the threat of war that we came here last October. Scots Law which is bound by the European Convention for Human Rights, that was never broken and that is what the Scottish Court system recognised today. More and more people are focusing, working hard and investing in endless generations of peaceful tomorrows. We need to concentrate on how future European and American foreign and economic policies are accountable to the time and space that they affect, ethical, equally just, local, pluralist, respectful, understanding and essentially democratic so that nuclear weapons will soon consigned to history. Real power needs to be vested in the United Nations as the most significant multilateral body in the world we all have to share. The United Nations must be fully independent and autonomous in its resolve and decision making processes. There are those who compromise resolutions, peace, freedom of expression, one another’s sovereignty and compromise democr! acy. Whether that occurs in Baghdad, Glasgow, Florida, Jenin, London, New York, Dublin, Washington D.C., Belfast, Jerusalem, Derry, Houston, Kabul, Latin America, New Zealand, Australia, Seattle, Zimbabwe or anywhere, the perpetrators need to be communicated with, stood up to, persuaded patiently and disarmed. It's high time to write instead of fight.'

A supporter in court said: "It was as if all the whole court just faded into the background as Fiachra and his mum carried on this personal dialogue about what had motivated him and how much she supported what he was doing. The Procurator Fiscal seemed completely bemused and did not object."

Mr. O’Luain looks forward to returning to his degree course of Spanish and English Literature along with Cultural Studies at University this month.

Mr. O’ Luain’s father who is a writer and family members live on Cape Cod.

NO MORE WAR.

Let's Write and Roll!

With Peace.

Contacts: David Mackenzie +44(0)870 458 3117 (07876593016)
Jane Tallents +44(0)8454588367
[email protected]
www.tridentploughshares.org
Newsline (recorded) +44(0)8454588365

Scottish C.N.D. +44 (0)7778 267 833

http://www.gluaiseacht.org/