TP Defences in Court
Written and kept updated by Angie Zelter
1. 13th and 20th August 1998.
I did two Trident Ploughshares disarmament actions at Faslane and was charged. 2. 22 Sept 98. [View full defence]
Case heard at Helensburgh District Court before Anthony Stirling JP and with C.C.Donnelly as the PF. I was admonished having already spent 33 days on remand at Cornton Vale. 3. 24 Sept 98.
Letter from me to Clerk of Helensburgh District Court asking for the written statement that the JP had said he would give. 4. 29 Sept 98.
Application for Stated Case by Angie. 5. 2 Oct 98.
Letter in reply from Clerk to letter of 24 Sept 98 saying that the JP was preparing a stated case. 6. 13 Oct 98.
Draft stated case by Stirling. 7. 29 Oct 98. [View full stated case]
Adjusted draft stated case by me. 8. 3 Nov 98.
Note of proposed adjustments from Donnelly the PF. 9. 4 Nov 98.
Letter to the Clerk from me asking for an extension of time. 10. 5 Nov 98.
Notification of Adjustments Hearing from the Clerk saying it would be the next day. 11. 6 Nov 98.
Adjustments Hearing at 4.15 p.m. Stirling, Donnelly and Mark Lovie (representing me) being present. 12. 12 Nov 98.
Signed stated case arrived saying I should lodge it within one week. 13. 20 Nov 98.
Papers lodged by recorded delivery to Clerk of Justiciary, High Court of Justiciary, Parliament Square, Edinburgh, EH1 1RQ. 14. 27 Nov 98.
Letter from A.Philip, High Court of Justiciary, Lawnmarket, Edinburgh, EH1 2NS stating he had refused leave to appeal and that I could appeal this decision within 14 days from the date of the letter to his office. Grounds for refusal were ‘The reasoning set out by the justice in support of his rejection of the defences put forward is sound and there is no arguable ground of appeal.’ 15. 30 Nov 98.
Letter to Clerk at Lawnmarket address appealing the refusal and asking that the appeal be allowed to go forward. 16. 10 Dec 98.
Letter from Depute Clerk of Justiciary, Supreme Courts, Edinburgh saying the appeal against the refusal to appeal was considered by the court on 8 Dec 98 and was refused. Reasons for refusal given by Lord Rodger of Earlsferry was ‘We agree with Lord Philip.’ 17. 28 Jan 99.
Letter to Secretary of State for Scotland, Donald Dewar, asking him to remedy the injustice by refering the matter back to the court. 18. 2 Feb 99.
Letter from Deputy Principal Clerk of Justiciary, Tom Fyffe, of Supreme Court, Edinburgh saying letter to Sec. of State, which was copied to the Lord Justice general, had been passed to him, confirmed no right of appeal against refusal to grant leave to appeal at the second sift. Informed me that the Lord Justice General cannot enter into correspondence in relation to the matter. 19. 28 Apr 99.
Letter from Ewan Maclean, Scottish Office, Home Dept, Parole and Miscarriages review Division. Referring to my letter of 28th January 1999 to Sec. of State, regretted delay, the Sec of State’s role in reviewing miscarriages of justice ceased on March 31st and was transferred to the new Scottish Criminal cases Review Commission to which my letter had been passed and who would contact me. Provided me with address and nos of the SCCRC. 20. 29 Apr 99.
Letter from Robert Eadie, Chief Exec. of SCCRC said my petition claiming a miscarriage of justice had been transferred to SCCRC, who will examine the case and keep me informed of progress. 21. 24 June 99.
Letter from Robin Johnston, caseworker of SCCRC asking me to complete an application form. 22. End of June, 1999.
Application sent off sometime soon after receipt of above – have a copy of it but not of the covering letter. 23. 28 Apr 00.
Letter from Robin Johnston, caseworker of SCCRC thanking me for sending copies of letters to Min. of Justice, LA, Principal Clerk and also asking me to inform him of the relevant dates of the LAR in the autumn. 24. 4 July 00.
Letter to Robin Johnston, caseworker of SCCRC informing him of the LAR dates. 25. 13 July 00.
Letter from Ms Jackie Bergen, Dir. of Admin. SCCRC saying my letter would be placed before Robin when he returned from his leave. 26. 14 May 01.
Letter from Robin Johnston, legal officer of SCCRC stating he had indicated that the Commission decided to delay consideration of my case until the outcome of the LAR following my acquittal for charges at Greenock Sheriff Court. As the Appeal Court has now issued its opinion on the reference, the Commission will now resume consideration of my case and I will be advised of its decision in the near future. 27. 19 June 01. [View full text]
Letter from Prof. Sheila McLean, Chairperson of SCCRC setting out the Commission’s provisional view on my application but saying I am invited to make further representations to the Commission as I see fit in the light of the contents of letter. The Comm. Had fully examined the matters I raised and remains to be persuaded that there are any grounds which justify referring the case to the High Court. Then follows discussion of Background, Crown Case, Defence case (necessity, self defence, statutory defence, int.law defence), LAR, The Commission’s Review (A. Are nuclear weapons illegal under international law? And B Were the actions which led to my conviction justified in an attempt to prevent a breach of int.law?), Conclusion. I was invited to make any further representations if I felt it appropriate within 21 days of the date of letter. 28. 5 July 01. [View full text]
Letter to Prof. Sheila McLean, Chairperson of SCCRC with further representations as to why a miscarriage of justice had occurred and why the High Court should review my convictions. Appended full copy of Charles Moxley’s critique of the LAR Opinion.