AFTER the jailing of Manny Singh for 72 days for his role in organising an All Under One Banner (AUOB) march in Glasgow which did not comply with council timings, another Yes activist is facing court action over a similar issue in Aberdeen.
Gary Kelly was the named organiser for the AUOB march in Aberdeen in August last year.
Aberdeen Council and Police Scotland demanded that he change the route of the march and Kelly complied, but was later charged with failing to take out public liability insurance and to properly complete a temporary traffic regulation order.
Both charges were made under Section 651C of the Civic Government (Scotland) Act 1982 which relates to “a person who holds a procession in public otherwise than in accordance with a condition imposed by an order.”
Kelly, who has left AUOB and is now a leading figure in the Yes2indy group, said: “I’ve been advised I don’t need to attend court in person on November 23 and my legal team will attend on my behalf, but it looks like I will have to attend the December 21 date.
“Pay to protest is what’s at stake here. Aberdeen Council basically treat political events the same as commercial events placing a financial barrier on the right to protest.
“Funnily enough the Metropolitan Police tried this in London a few years back, but civil liberties won that case.”
Kelly has vowed to fight on human rights grounds as the right to protest is guaranteed in the European Convention on Human Rights.
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