Fife Activist Challenges Faslane Court on Disabled Access

TRIDENT PLOUGHSHARES press release

13th December 2004
There were dramatic courtroom scenes yesterday as Trident Ploughshares pledger and Scottish Socialist Party activist Morag Balfour (31), from Glenrothes, added to the growing challenge to the failure of the District Court in Helensburgh to make its hearings accessible to people with disabilities.

Morag, a wheelchair user, was due to plead yesterday on a charge of breaching the peace at the blockade of Faslane naval base. She was able to negotiate a ramp at the entrance of the building but the first floor which houses the courtroom was inaccessible. Morag remained at the foot of the stairs.

When her case was called, a friend in the courtroom told the officials that Morag was downstairs and was willing to enter a plea if someone from the court would go to her. The response of Procurator Fiscal Gordon Boyd was to decide that he was not calling the case after all. When Morag was told of this response she left her wheelchair, crawled up the stairs into the courtroom and demanded that the court recognise her. When there was no response she called out to the PF: "Do you recognise that I exist? Look at me, will you?"

The court then briefly adjourned. When it was again in session the clerk went on to the next case on the list. Morag again interrupted the proceedings, pointing out that she had crawled up the stairs to give her plea. Justice of the Peace Nicholson said that the matter was out of his hands. If the PF decided not to call a case then there was nothing he could do about it. At this point several people on the public benches called out that the case had been called. Addressing the JP directly Morag said: "If you find I am in contempt of this court, then fine, because I have nothing but contempt for it. You are breaking the law and I am disgusted with you all." The JP said that he had no intention of taking action on contempt of court but he could not debate the matter. "Can’t debate it or won’t debate it?" said Morag. " I won’t" said the JP. "At least you are being honest." said Morag.

The same issued was raised earlier in the day by Jane Smith and David Mackenzie who were due to appear for a deferred sentencing. Before the hearing could begin they made a submission, arguing that the court was invalid and asking for the hearing to moved to a fully accessible building. The European Convention on Human Rights and the Scotland Act of 1998 made it mandatory for court hearings to be held in public. The Disability Discrimination Act now made it unlawful for buildings offering public access to be inaccessible. As a result a hearing in this court was invalid. When the JP rejected the submission, Jane and David said they could not take part in the hearing, left the dock and returned to the public benches. After a long adjournment to consider his response the JP admonished them as if they were absent.

Afterwards Morag said: "It is several years now since we began to urge the court here to get its house in order and at least show some willingness to comply with the legislation. At the moment the Council wants to pretend the problem does not exist. We want to resolve this issue in a rational and amicable way but we are not about to be palmed off with pathetic excuses. This is a court that lectures peace activists about the need to obey the law whatever their consciences say but it is quite prepared to flout the law when it suits."