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Judges retire to consider IndyCamp eviction appeal | |
(about 9 hours later) | |
Judges have retired to consider an appeal by independence campaigners who face being evicted from a camp outside the Scottish Parliament. | |
The IndyCamp group set up outside Holyrood in November 2015, but were ordered to quit the site by the parliament's corporate body. | |
The latest arguments in a lengthy legal battle over the camp were heard by the Inner House of the Court of Session. | |
The three judges will issue a written judgement in due course. | |
The campers want to remain in place outside Holyrood until Scotland is independent, and say eviction would infringe their human rights. | The campers want to remain in place outside Holyrood until Scotland is independent, and say eviction would infringe their human rights. |
The Scottish Parliamentary Corporate Body (SPCB) meanwhile argues that the group are camping without permission, taking up space others could be using and endangering the neutrality of the parliamentary estate. | |
Lord Turnbull ruled in favour of the SCPB's bid for an eviction order after a lengthy court case, but the group appealed to the Inner House. | |
At an eventful hearing chaired by Lady Dorrian, the Lord Justice Clerk, several different appeals were put forward by the campers. | |
Four of the group were represented by a lay representative, Martin Keatings, who argued that evicting the camp could set a "dangerous precedent" for future cases, warning of "real world consequences". | |
He said it was a "scary prospect" that parliament could be allowed to dictate how people interact with it and express themselves, by being able to evict a protest from its grounds. | |
He said the camp was a community, rather than a single entity or structure. He also said that as the camp served a multitude of purposes including recreation and education, the group should be allowed access rights under the Land Reform Act. | |
Mr Keatings also criticised the way the parliament's corporate body had interacted with the campers, saying they had made no effort to find a middle ground in negotiations, and hit out at "sensationalist" media coverage of the case. | |
Judges 'incompetent' | |
One camper, who asked to be known only as David, challenged the jurisdiction of the court, insisting judges were "incompetent" to hear the case. | |
He said only a jury could fairly judge the case, and said the judges may have committed a criminal act by refusing to recuse themselves. He withdrew himself from the case saying he would set up his own proceedings, which would include a jury. | |
Another appellant, Arthur Gemmell, agreed that the case was "not for one man, any man, to judge". | |
One of the other appellants in the case, Richard McFarlane, argued that the court was illegitimate due to the return of Christ, who he said was a supporter of Scottish independence and had given permission for the camp to use his land. | |
He said the Queen had been crowned on a "false" Stone of Destiny, meaning the judges appointed in her name had no jurisdiction. | |
During a break in proceedings, police had to remove a man dressed in robes who referred to himself as Jesus Christ after a disturbance in the courtroom. | |
All of those involved in the case underlined that they were not associated with the man in any way. |
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