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by Andrew Whitaker
02 September 2016
Date set for independence camp appeal againt eviction

Date set for independence camp appeal againt eviction

credit - Independence graffiti

Appeals against a legal ruling to evict a group of independence campaigners from outside the Holyrood Parliament will be heard at Scotland’s highest civil court next month.

Lord Turnbull ruled that the 'IndyCamp' group should be evicted from their camp after a lengthy case.

Four different groups have lodged appeals against the ruling, making a range of arguments against eviction.


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Judges at the Court of Session’s inner house will consider the case on 19 and 20 October after Lord Malcolm accepted calls to fast-track it.

The court ruled against the campers in July after a seven-month legal battle, when Lord Turnbull concluded that evicting the 'IndyCamp' would not breach their human rights.

He criticised the campaigners, who want to remain outside Holyrood until Scotland is independent, as "rather selfish or even arrogant" for seeking long-term occupation of the site, saying they had shown "open disregard" for others.

The campers maintain they have a right to protest and freedom of assembly at Holyrood, and appealed against Lord Turnbull's judgement.

Scottish Parliament chief executive Sir Paul Grice pushed for an accelerated appeal process, but warned MSPs that the "intransigence" of those occupying the camp could see the stand-off continue for some time.

The campers, who originally styled themselves as the "sovereign and indigenous peoples of Scotland", have split into a number of different groups for the appeal.

Four different arguments will be heard at the October sitting.

Arthur Gemmell, who was a second respondent in the original case, said that his arguments had "affected Lord Turnbull's decision on the vigil" negatively, and said he wanted his case heard separately.

Some of the campers earlier issued a written letter distancing themselves from the views of another respondent, Richard McFarlane, who had claimed in court that Christ had returned to earth and had given permission to the camp to use the parliamentary estate.

He will also make a separate case on behalf of himself and another respondent.

Two of the campers continue to style themselves as the "sovereign and indigenous peoples". One of them, who asked to be referred to in court only as "David", demanded that a jury sit on the case, as he claimed that "a trial by the state is illegal" and that the court "might be inept or corrupt".

The remaining four respondents will make a fourth case.

Lord Malcolm, who declined a call from David to recuse himself from the case as well as rejecting bringing in a jury, said the court would consider all four arguments at a two-day hearing in October.

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