A huge legal victory for Bernadette Smyth and the unborn child

In a double victory for pro-life counselling, for justice and for the unborn child, pro-life leader Bernadette Smyth has won her appeal in the Belfast County Court against a wrongful conviction and a restraining order.   On 19th November 2014, Deputy District Judge Chris Holmes wrongfully convicted Bernadette Smyth of harassing Dawn Purvis, the former programme director of Marie Stopes International. He later sentenced her to pay Dawn Purvis £2000 compensation and to 100 hours community service. He also imposed a five year restraining order to stay away from Dawn Purvis or anyone seeking to enter the Marie Stopes centre and had excluded her from going within twenty yards of Marie Stopes.

  This week, in two consecutive court hearings, Justice Kerr ruled that there was insufficient evidence of harassment and then that no restraining order should apply. In fact, the judge dismissed the application for the restraining order without having to hear legal argument from counsel.   

Outside the court Bernadette Smyth said:  ‘I thank God for my vindication and for helping my family and me through this nightmare. Our prayers have been answered. I would like to thank the wonderful work of my legal team: Aiden Carlin Solicitors, and barristers Mark Mulholland QC and Seamus Lannon. Precious Life and I will continue with the work we have been doing over the last 18 years, which is to advocate for unborn children.’   

Since 2012, Bernadette and others prayed, handed out leaflets, and reached out to women in crisis outside the Marie Stopes abortion facility in Belfast, who are acting outside the law according to the Attorney General, in offering medical abortions. The claims of harassment by Dawn Purvis were widely seen as farcical given that amongst the only evidence offered to support the claim was that Bernadette had laughed during a conversation initiated by Ms Purvis. . During the appeal Bernadette’s lawyer challenged Purvis' claim that two conversations with Bernadette had left her in fear, pointing out in court that Purvis has been a politician with Progressive Unionist Party – the political wing of one of the most vicious loyalist gangs in the north of Ireland, the UVF, who carried out many sectarian murders of Catholics. 

“Are you not a person with a bit more fortitude than that?" he asked Ms Purvis in the court when she claimed that Bernadette had harassed her. When Bernadette’s lawyer asked to have the case thrown out, the judge agreed, ruling that the evidence at hand was insufficient for a successful prosecution. “We’re delighted that justice has been served and that the court has thrown out these ridiculous charges against Bernadette Smyth,” said Niamh Uí Bhriain of the Life Institute. Uí Bhriain praised Smyth for giving her life to “supporting women in crisis and providing real assistance to mothers and babies.” “This attempt to shut down her pro-life work was reprehensible and she should never have been dragged through the courts to face these baseless accusations.” 

“Bernadette Smyth can hold her head high as the court has vindicated her good name and the important work she does to protect mothers and babies,” said Uí Bhriain. “We are delighted with that the miscarriage of justice which saw Bernadette accused of harassment has been overturned.”