A retired church pastor on Friday denied conducting an illegal protest at an abortion safe access zone in a Coleraine hospital.
Appearing on behalf of Clive Johnston at Coleraine Magistrates Court, defence counsel Aaron Thompson entered pleas of not guilty to the two charges on behalf of the 76-year-old retired pastor, revealing that the defendant disputes the charges on a devolution point and under article 9 of the European Convention on Human Rights.
Mr Thompson further revealed that Mr Johnston has instructed the former attorney general John Larkin to take the lead on his case.
Mr Johnston, from Belmont Road in Sion Mills, who is a former president of the Association of Baptist Churches in Ireland, faces two offences under the Abortion Services (Safe Access Zones) Act (Northern Ireland) 2003.
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The 76-year-old retired pastor is accused of doing an act in a safe access zone at the Causeway Hospital in Coleraine, “namely conducted a protest with the intent of, or being reckless as to whether, it had the effect of influencing a protected person whether directly or indirectly in connection with the protected person attending the premises” on July 7th last year.
The pensioner is further charged that on the same date he “failed to comply with a direction ... to leave a safe access zone”.
Under the act, which received Royal Assent on February 6th, 2023, anti-abortion protests and other behaviours are prohibited within any safe access zone once it has been established, and this may be enforced by the PSNI.
Article nine of the ECHR “provides a right to freedom of thought, conscience and religion”, and Mr Thompson said although Mr Johnston would be fighting the charges on a devolution point, the actual evidence of what happened at the hospital will largely be agreed given the fact there is “real evidence” by way of body worn and CCTV footage.
He agreed there was an “element of irony” in the fact that Mr Larkin, in his previous role as attorney general, had previously argued those points before the supreme court and Mr Thompson added that he was clearly “across the issues”.
The barrister suggested that the case could be adjourned and that would allow time for the defence to set out their argument and submissions in writing and to send that to the court and the PPS.
“It is our concern that there may be a devolution issue and that may be an issue that can be challenged in one venue running concurrently to this,” Mr Thompson told the court.
District Judge Peter King said there was a “clear pathway” as to how the case would proceed and although “I have no difficulty” with Mr Thompson’s suggested way forward, “it is not going to be a swift process”.
Adjourning the case to May 2nd, the judge told Mr Johnston that while he was “more than welcome” to attend court, he was not obliged to do so.
