Abortion buffer zones: Retired pastor faces trial hearing on Wednesday December 17 in first prosecution for holding open-air Sunday service near hospital

Pastor Clive Johnston, 76, will be in court this week accused of breaching controversial abortion buffer-zone laws by preaching John 3:16 (“For God so loved the world…”) in the vicinity of a general hospital.

He is expected to give evidence when the case is called before Coleraine Magistrates’ Court on Wednesday December 17.

The retired pastor, former President of the Association of Baptist Churches in Ireland, faces two charges under the Abortion Services (Safe Access Zones) Act for holding an open-air service on the fringes of a buffer zone opposite the Causeway Hospital, Coleraine on 7 July 2024. The open-air service took place on a Sunday, the traditional day for church services.

Mr Johnston, from Strabane, appeared at a preliminary hearing in March after being accused of seeking to “influence” people accessing the hospital’s abortion services and for not immediately leaving the area when asked to do so by police. The Causeway is a large hospital with a wide range of services.

If convicted, the grandfather of seven – who has never been in trouble with the police – faces a criminal record and potential fines totalling thousands of pounds.

Mr Johnston is expected to be a key witness in the 17 December proceedings which will be held before District Judge Peter King who has also presided over preliminary hearings in the case.

The judge has three options at his disposal.

He could acquit or convict Mr Johnston, or he could refer the case to a higher court for a ruling on the constitutional validity and human rights compatibility of using the legislation against Mr Johnston in this way.

Mr Johnston said:

“I am grateful for the kind messages of support I have received from members of the public both here and abroad, and for the prayers being offered up to God about this case by many Christians.”

“My legal representatives have made clear that the allegations against me will be contested and I look forward to defending myself in court.”

Mr Johnston is being supported by The Christian Institute, which successfully assisted Ashers Baking Co. in its landmark Supreme Court win against the Equality Commission for Northern Ireland in the ‘Gay Cake Case’.

Mr Johnston’s case has been brought under 2023 legislation which created eight 100-150m buffer zones around hospitals and other centres which provide abortions, in order to prevent protests.

It is a criminal offence to act within these areas with the intent of (or being reckless about) causing people to be “impeded, recorded, influenced or to be caused harassment, alarm or distress” in connection with their attendance at protected premises.

In the court papers, Mr Johnston is accused of “influencing”. He is not accused of impeding or harassing anyone.

Crucially, it is not alleged that he ever mentioned abortion. Nor were there any abortion placards or banners present.

Simon Calvert, Deputy Director of The Christian Institute, said:

“Should a law designed to stop abortion protests be used to criminalise gospel preaching? John 3:16 is a wonderful, famous verse and everyone knows it says nothing about abortion.

“We have amazing freedom in this country to share the Christian message. That’s why we’ve taken on this case. Prosecuting Pastor Johnston for preaching ‘God so loved the world’ near a hospital on a quiet Sunday is a shocking new attempt to restrict freedom of religion and freedom of speech in a part of the world where open air gospel services are a part of the culture.

“Christians are pro-life. But preaching the good news about Christ is not the same thing as protesting against abortion. The Police and the Public Prosecution Service are overstepping the mark.

“Yes, Clive has campaigned in the past on abortion. But at this service abortion was not mentioned in any way.

“This was an open-air service for about a dozen people, near a hedge, separated from the entrance road to Causeway Hospital by a dual carriageway with Clive leading well-known hymns on a ukelele.

“Yet the police summons says he ‘conducted a protest’ to try to influence patients or staff attending the abortion centre. This is religiously illiterate.

“The circumstances of the case bring to mind an evangelistic verse from chapter 14 of the Gospel of Luke where it says ‘Go out into the country lanes and behind the hedges and urge anyone you find to come, so that the house will be full’.

“There is a vital principle at stake. If the Gospel can be banned in this public place, where else can it be banned?”

Leading defence barrister Aaron Thompson and solicitor Colin Dougan represented the pastor at the preliminary hearings. In March Mr Thompson indicated to the court that the case raises significant new human rights and devolution issues which may require satellite litigation to resolve.

Mr Thompson told the court in March that there is,

“a tension between the buffer zone legislation and Mr Johnston’s freedom of conscience and religious expression as enshrined in Article 9 of the European Convention on Human Rights.”

Mr Thompson also told the court that Mr Johnston has instructed prominent legal figure John Larkin, KC, Northern Ireland’s former Attorney General. Mr Johnston enlisted the services of Mr Larkin to advise on whether the buffer zones laws really do outlaw such acts of worship and, if so, whether that complies with human rights law.

Mr Thompson stated that in the circumstances Pastor Johnson’s case may involve consideration by a higher court in addition to the Coleraine Magistrates’ Court.

ENDS

Notes for editors:

• Mr Johnston was never arrested. He was simply cautioned on 7 July 2024 and later notified of prosecution by way of a summons.

• The penalty for breaking the law is a fine, not jail.

• He is not accused of harassment or impeding access to a clinic but of intentionally influencing a protected person, or being reckless as to whether his actions had that effect.