Abortion buffer zones: Retired pastor trial set to conclude in first prosecution for Sunday service near hospital.

Pastor Clive Johnston, 77, will be in court next week (Tuesday 31 March) for his final scheduled hearing.

He is 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.

The former President of the Association of Baptist Churches in Ireland, faces two charges under the Abortion Services (Safe Access Zones) Act after 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.

Importantly, the service was not a protest about abortion, did not mention abortion, nor did it include any placards or banners.

Mr Johnston, from Strabane, gave evidence before District Judge Peter King in Coleraine Magistrates Court in December last year, with former Attorney General John Larkin KC representing him.

More than a year after being charged for seeking to “influence” people accessing the hospital’s abortion services and for not immediately leaving the area when asked to do so by police, Mr Johnston was shown police bodycam footage and asked to give his account.

The judge agreed there was little dispute regarding the facts of the case, but said that written submissions should be made to help consider whether what took place amounted to a criminal act under the law.

The judge noted that there was significant public and press interest in the case.

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.

The judge has four options at his disposal: He could acquit or convict Mr Johnston. He could also defer a decision until later.

Or he could refer the case to a higher court – a signal there are issues around the human rights compatibility of using the legislation against Mr Johnston in this way.

Watch police bodycam footage from the incident.

Ahead of the hearing on Tuesday morning (March 31), Pastor 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 strongly contested the allegations against me and I pray the wider public will understand the implications of this case.”

The pastor is being supported in the action 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 NI 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.”

Former Attorney General John Larkin KC, defence barrister Aaron Thompson and solicitor Colin Dougan represented the pastor in court in December.

Mr Johnston’s legal team have 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 last year 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”.

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.
• Police bodycam footage from the incident is available here, which can be used in your own coverage (footage available in other formats on request).