Rose Docherty, 75, was the first person to be charged under a new law that created buffer zones outside Scottish abortion clinics, but that law has been rendered inadequate and unhelpful to the Crown to pursue proceedings in court against an accused person.
Ms Docherty had been handcuffed and huckled off to a p;olice station by three police officers – two men and a woman – while she had been taking part in a demonstration close to the Queen Elizabeth University Hospital (QEUH) in February.
She had previously rejected a formal warning from the Crown Office, telling BBC Scotland News that it was “unjust”.
The Abortion Services (Safe Access Zones) Act, which came into force last year, aims to stop the harassment of patients. Those who break the law could be fined up to £10,000 or an unlimited amount in more serious cases.
But it has only served to make politicians, police and prosecutors look foolish.
The Crown Office and Procurator Fiscal Service (COPFS) said it had carefully considered Ms Docherty’s case and decided to take no further action.
She said she was “delighted” with the news, adding: “I feel it’s a victory for common sense.”
Rose Docherty was arrested under the new law in February.
Doctors at the QEUH previously said that the protests, which have been held outside the hospital for nearly 10 years, were upsetting and intimidating for patients and staff.
At the February protest, Ms Docherty held up a sign that said “coercion is a crime, here to talk, only if you want”.
Following her arrest, the Crown Office sent her a formal warning.
It said the procurator fiscal had decided against bringing Ms Docherty before a court and if she accepted the warning she would not be prosecuted.
But she refused to accept the warning as she believed it was “unjust”.
“I just did what I thought was right,” she told BBC Scotland News on Thursday.
“To be warned for having stood on the streets of Glasgow offering to have a conversation if anyone wants to come and speak to you – it just seems preposterous.”
She said there was “no need for the legislation in the first place” as police already have powers for dealing with intimidation and harassment.
Ms Docherty added: “The procurator fiscal has withdrawn that warning so that seems to indicate that I was not breaking the law.
“This buffer zone law is all about intimidation, harassment and influencing. There is nothing intimidatory or harassing about an elderly woman standing by the roadside offering to lend a listening ear.”
When asked if she would return to hold a sign outside the hospital, she said: “Life moves on for people and I’ll make decisions as and when I feel like I want to do something but I don’t feel that I’m constrained by being afraid.”
She previously told the BBC’s Scotcast that she would have been prepared to go to prison over the incident.
A Crown Office spokesperson said: “Professional prosecutors from COPFS considered the report. All Scotland’s prosecutors operate independently of political influence.
“After careful consideration of the facts and circumstances of the case, including the available admissible evidence, it was decided that there should be no further action taken at this time.
“The Crown reserves the right to take proceedings in relation to this incident in the future.”
533 people arrested and detained following their quietly protesting with placards about the Gaza Genocide.
Average age of protestor was 54 years of age. 112 of the protestors were over the age of 70.
All were arrested by the police under terrorism law.
Well done Sir Keir Starmer and Yvette Cooper deeming these people terrorists. Some would say their action was fascist suppression of free speech. Of course one has to say how could anyone think that.
And the women arrested outside the QE Hospital. Some would say more of the same.
Get used to it folks. The state knows well how to suppress by force peaceful political comment.
They sure do, Billie. The gauleiters at West Dunbartonshire Council are all for crushing free speech. They have banned The Democrat from even talking to them, treating us as pariahas. They refused to comment today on why their Press Officer earns as much as the US President’s PRO, and they have not responded to a request for a quote about Chief Education Officer Laura Mason having left Church Street. It seems she had a fall out with the Labour administration. Come on WDC. Honesty and transparency? You wouldn’t know it if it came up and bit you on the throat. This is supposed to be a free, democratic country. Why aren’t Jackie Baillie MSP and Douglas McAllister MP challenging these strange decisions? And remember there’s lots of flak coming down the line in relation to the victimisation and bullying of a disabled employee. It’s time to put this derisory Council into special measures. Are there no concerned citizens out there? Or are they all terrified of this cabal of small minded people who are passing themselves off as politicians?