Abortion Buffer Zones: Continued trial of retired Pastor Clive Johnston postponed at 11th hour

The planned hearing at Coleraine Magistrates Court involving the continued trial of Pastor Clive Johnston on Tuesday March 31 has been postponed.

The case had been expected to proceed at 10.30am but has now been put off.

The proceedings were postponed on Monday March 30 due to the unexpected unavailability of a legal representative involved in the trial.

It is expected that a new trial date may be fixed during a brief hearing on Tuesday March 31.

Pastor Johnston, 77, from Strabane 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.

Under 2023 NI legislation eight 100-150m buffer zones were created around hospitals and abortion clinics to protect patients and staff from protests.

It is a criminal offence for people to be “impeded, recorded, influenced or to be caused harassment, alarm or distress” within the areas.

Mr Johnston is accused of “influencing”, not impeding or harassing. It is not alleged in court papers that he even mentioned abortion. Nor were there any abortion placards or banners present.

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

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 after the rearranged hearing.

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.

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’.

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.”

• 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 can be seen here: