Northern Ireland abortion protest buffer zones: Coleraine Magistrates Court convicts woman of unlawful protest despite freedom of religion defence under ECHR
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Claire Brennan told Coleraine Magistrates Court that her intention had been to "stand in the gap" for unborn children and to "prick the conscience" of women attending the abortion clinic at the hospital.
Brennan, from the Doneysheil Road in Rasharkin, was convicted of protesting in the protest buffer zone at the Causeway Hospital on 3 October last year and refusing to leave under police direction.
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Hide AdShe had pleaded not guilty to both charges and submitted that under the European Convention of Human Rights (ECHR), she was entitled to protest due to her right to Freedom of Religion.
However District Judge Peter King found that the 2022 Supreme Court ruling which upheld the legality of Northern Ireland’s new abortion protest buffer zones correctly balanced the rights of protestors with those of women seeking privacy and dignity at abortion clinics – and that her defence was therefore not valid.
Before giving evidence in court, Ms Brennan held the bible aloft with her eyes closed as she took her oath.
"I am a christian and a pro life activist so my moral duty is to stand in the gap for the least of these little ones," she said.
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Hide AdShe added that "no men have the right to take life and it is my moral duty to defend the rights of the bible" which she noted she had just sworn on.
The activist went on to quote the book of Proverbs: "It is my duty to rescue those being led to death, to hold back those staggering towards slaughter."
"These children are being blotted out. God had a plan for these children and it is my duty to stand in the gap and protect these children. So yes I was there. I was doing my duty just like a policeman or fireman who protects life.
"The government in their pride thought they were above God and they made a law that is against the sacred scripture to take life; and they have brought a great condemnation upon themselves and a chastisement will come for this.
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Hide Ad"They have made a law that prohibits my right to worship, to speak the gospel to these women, to speak truth to them that their baby is a precious gift from God."
Ms Brennan said she had been "praying quietly but not silently" in the zone.
"I intended to be the last prick of their conscience to help them to choose life."
The court heard that she had two pro-life signs with her, one of them eight feet long.
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Hide AdHer defence KC Mark O'Hara said that initially he did not believe the magistrates court was bound by the Supreme Court judgment but said he had since concluded that it was.
However he said that while his client does not concede the Supreme Court judgment is right "these are different arguments for a different court".
Judge King said that if he decided he was not bound by the Supreme Court judgment, “I think the number of eyebrows raised heavenwards by a number of my colleagues would be significant".
He said of the assembly legislation on which the buffer zones were erected: "I am satisfied that it does not infringe anyone's convention rights".
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Hide AdMs Brennan was fined £300 for her unlawful protest and £450 for refusing to leave the buffer zone.
Last May her former co-accused David Hall (39), from Kingsbury Gardens in Coleraine, pleaded guilty to the same charges and was fined £250 along with a £15 offender levy.