Activist Challenges Court on Disabled Access
http://www.inclusionscotland.org/newsletter/IS_Newsletter_January_2005.doc
There were dramatic courtroom scenes recently as Scottish Socialist activist
Morag Balfour (31) added to the growing challenge to the failure of the
District Court in Helensburgh to make its hearings accessible to disabled
people.
Morag, a wheelchair user, was due to plead 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 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 Procurator Fiscal, “Do you recognise that I exist? Look at me ,
will you?”
The court then briefly adjourned. When it returned to 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 who was present said that the matter was out of
his hands. If the Procurator Fiscal 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 Justice of
the Peace (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 issue 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.
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