Coleraine: Retired pastor convicted of conducting illegal abortion protest at Causeway hospital ‘safe access zone’

In convicting Clive Johnston on both charges against him, District Judge Peter King said the 77-year-old admitted himself that as well as delivering a sermon outside Causeway Hospital, his intention was to test the law.

“Mr Johnston tested the law, to the point where he broke the law,” the judge ruled.

During his 45-minute judgement, DJ King told Coleraine Magistrates Court: “He was within any safe access so he was doing an act, in this case preaching the gospel, intending that any person hearing it would be influenced whether directly or indirectly.”

He added that he was satisfied that in those actions, the defendant was reckless “as to whether a protected person” attending the clinic would be influenced whether directly or indirectly.

Emphasising that the retired pastor is “a man of good character,” the judge said that he had deliberately chosen not to obey the lawful command of Inspector O’Brien to move out of the Safe Access Zone. Accordingly, he entered convictions on both charges.

Mr Johnston, from the Melmount Road in Sion Mills and who is a former President of the Association of Baptist Churches in Ireland, was convicted on two offences under the Abortion Services (Safe Access Zones) Act (Northern Ireland) 2023.

The 77-year-old retired pastor was charged with 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 7 last year.

The pensioner was further convicted that on the same date, he “failed to comply with a direction – to leave a safe access zone.”

Royal Assent

Under The Abortion Services (Safe Access Zones) Act (Northern Ireland) 2023, which received Royal Assent on 6 February 2023, anti-abortion protests and other behaviours are prohibited within any SAZ once it has been established, and this may be enforced by the PSNI.

It had been the prosecution case that the defendant either intended to influence, or was reckless as to whether any “protected person” attending the Causeway Hospital abortion services, would be influenced.

The court heard evidence, and was able to watch footage from police body worn cameras, that the retired pastor, standing close to a large crucifix, was using a microphone as he quoted passages from the Bible.

“We are giving the word of God,” Mr Johnston is heard telling Insp. O’Brien, “I want the Government to know that there is a higher law.”

Giving evidence on his own behalf, the 77-year-old maintained that although he had objections to the laws which extended abortion services to Northern Ireland, he was not protesting outside the hospital on 7 July last year but rather, he was giving a sermon and spreading the Gospel.

He lamented that if it has come to a stage where spreading the “light of Jesus” is not allowed and is now illegal, “then in our country we have come to a very sad position”.

In court on Thursday, Judge King outlined that in an email chain between the defendant and the inspector, the pastor would have been fully aware that that “his proposed actions may constitute an offence”.

He said it was clear from the video evidence at the scene, that the inspector had “exhibited almost endless patience” in explaining the legislation and trying to encourage Mr Johnston and those with him to leave.

Formal Caution

While the others left fairly quickly, the pensioner refused to leave until he was given a formal caution and warning. The defence had contested the case on the basis that the prosecution had not proved that any protected person had attended the clinic that day, something they submitted was an essential element.

Judge King said that in giving his evidence, Mr Johnston said “he was there to bring a message of hope and grace”.

“When asked why he chose to be within the SAZ, the defendant agreed that he was deliberately in the SAZ because he was concerned about freedom of speech and religious expression,” said the judge.

In a skeleton argument and submissions lodged with the court, the defence had also sought to argue that essentially, the law was wrong and was “outside the legislative competence of the Assembly”.

That question had been considered and refused by the Supreme Court, said the judge, adding that in the hierarchy of the court system, the magistrates court is on the bottom rung and he was, therefore, bound by the decision of the higher court.

Judge King imposed a fine amounting to £450, along with a £15 offender levy.

"Given the way this case has developed, I am minded to fix bail for appeal in the amount of £500, but that is a matter entirely for Mr. Johnston, whether he wants to exercise it,” the judge added.

Speaking after the hearing, Pastor Johnston said: “This is a dark day for Christian freedom. We held a small, open air Sunday service near a hospital. We made no reference whatsoever to the issue of abortion. And yet the buffer zones law is so broad that holding a Sunday service has been found to be a criminal offence.

“I know it was an unusual place to hold an open-air service but that was the point: There shouldn’t be any public spaces in Northern Ireland where you can be prosecuted and convicted simply for preaching the gospel."

Adding he would be discussing with his legal team options for appeal, he thanked supporters including the Christian Institute.

Ciarán Kelly, director of the Christian Institute, commented: “If the ruling stands it will represent a shocking new restriction on freedom of religion and freedom of speech so we will be helping Clive to consider the options for appeal.”