News Release

Friday, 21 March 2025

Pastor instructs former Attorney General and may seek High Court intervention in ‘buffer zone’ prosecution

Lawyers representing the pastor accused of breaching abortion buffer zone regulations have today raised significant new issues which may delay his trial.

Clive and his lawyers attended Coleraine Magistrates’ Court this morning and indicated that he was contesting the charges. Case management was discussed. There is also a devolution issue that may require to be ventilated in another court.

Leading defence barrister Aaron Thompson and solicitor Colin Dougan represented the pastor in court today as he pleaded not guilty. But Mr Thompson also indicated to the court that the case potentially raises significant new human rights and devolution issues which may require satellite litigation to resolve.

Mr Thompson said 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.”

There was a discussion in court between District Judge Peter King and Mr Thompson over the nature of the prosecution process. Defence statements and legal arguments will be lodged in the coming weeks.

The criminal prosecution will remain at the Magistrates Court before District Judge Peter King who adjourned the case until 2 May when there will be a further brief case management hearing. Clive Johnston will not be attending on that date.

Mr Thompson also told the court that Pastor Clive Johnston, 76, has instructed prominent legal figure John Larkin KC, Northern Ireland’s former Attorney General.

Details emerged today (Friday, 21 March) when Pastor Johnston appeared in court for preaching the Bible in the vicinity of a general hospital.

The retired pastor, former President of the Association of Baptist Churches in Ireland, pleaded not guilty to two charges under the Abortion Services (Safe Access Zones) Act for holding an open-air Sunday service on the fringes of a buffer zone opposite the Causeway Hospital, Coleraine on 7 July 2024 last year.

The issue of abortion was never mentioned. Nevertheless, he received a summons to appear at Coleraine Magistrates’ Court accused of seeking to “influence” people accessing the hospital’s abortion services and for not immediately leaving the area when asked to do so by police.

But during the hearing today his lawyer, criminal barrister Aaron Thompson, told the court that the case involved crucially important devolution and constitutional matters.

He advised the court that Pastor Johnston had enlisted the services of Mr Larkin to advise on whether the buffer zones laws really do outlaw acts of worship that have nothing to do with abortion and, if so, whether that complies with human rights law.

Mr Thompson stated that in the circumstances Pastor Johnson’s case may involve consideration by a higher court in addition to the Coleraine Magistrates Court.

Pastor Johnston is being supported 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’.

If convicted, the grandfather of seven – who has never been in trouble with the police – faces a criminal record and fines potentially totalling thousands of pounds.

Under 2022 legislation eight 100-150m buffer zones were created around hospitals and abortion clinics. Supporters claimed the zones were necessary to protect patients and staff from protests.

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

Pastor Johnston is accused of “influencing”, not impeding or harassing.

Crucially, it is not alleged that he even 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?

“We have amazing gospel freedom in this country and we encourage Christians to use those freedoms so that more people will hear about the love of God. That’s why we’ve taken on this case. Prosecuting Pastor Johnston for preaching John 3:16 near a hospital on a quiet Sunday is an outrageous restriction on freedom of religion and freedom of speech.

“It’s just not reasonable or rational to suggest preaching the Gospel, with no reference to abortion, is a protest against abortion.

“Clive has campaigned in the past on abortion. But abortion was not mentioned once.

“This was an open-air service with about a dozen people in attendance, on a patch of grass, separated from Causeway Hospital by a dual carriageway with Clive leading the singing of well-known hymns on a ukelele.

“Yet the police summons says he ‘conducted a protest’ to try to ‘influence’ patients or staff attending the abortion clinic. This is religiously illiterate.

“There is a vital principle at stake. If the Gospel can be banned in this public place, where else can it be banned?”

ENDS

Notes for editors

Retired pastor Clive Johnston is being prosecuted under abortion buffer zones laws for an open-air sermon on John 3:16, even though abortion was never mentioned.
A brief preliminary hearing took place in Coleraine on Friday 21 March.
The Christian Institute, which is supporting the pastor, asks: “Should a law designed to stop abortion protests be used to criminalise gospel preaching?”
Mr Johnston was never arrested. He was simply cautioned on 7 July 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.

Other successful cases supported by The Christian Institute:

www.christian.org.uk/case/ashers-baking-company/

www.christian.org.uk/case/cornerstone/

www.christian.org.uk/case/kenneth-ferguson-and-stirling-free-church/