Legal Matters

The hearing of 26th January 2011 in Stonehaven threw into focus a wide variety of questions regarding the implementation of Scottish Law in relation to European Human Rights, English Law and whether the Crown was indeed acting for the public in general, as it should, in bringing a Breach of the Peace charge or is it acting in the interests of a small minority of the public, who already have legal remedies in their own hands.

Then there is the matter of me being prevented again from exercising my right to campaign freely as a candidate in the forthcoming Scottish Elections on 5th May, having been barred from the constituency for which I seek to stand for the second year in succession, based on the judgement of the same Sheriff, Patrick Davies.

Sheriff Davies presided despite our formal request that justice would be better and more transparently served by appointing a Sheriff from beyond the small circle that officiate in the Aberdeen area.

Given the extreme nature of some of the comments made by the Crown,the like of which my solicitor Mr Gerry Sweeney had never before heard in his long career, I asked for a transcript of the proceedings. I was disturbed to learn that no such transcript exists particularly as a member of the public had told me that he had been asked to stop taking notes by a court official.

Although I do not pretend to be a legal expert, it appears to me to be fundamentally inequitable that a decision whether or not an accused person faces trial by jury is made by the Crown alone. I cannot understand the logic of the Crown downgrading the status of my case from "Solemn" to "Summary" while simultaneously demanding punitive bail conditions.

I intend appealing against my bail conditions as soon as possible.

Additionally, by dropping the original case and beginning again with a reduced summary charge, there exists the necessity of seeking legal aid to reconstitute my excellent team including  Mr Sweeney, junior counsel Mr John McLaughlin and senior counsel Mr Donald Findlay QC. Indeed it may not be unreasonable to suppose the Crown`s tactics may have been motivated in part by the entirely justifiable fear of facing Mr Findlay in court.

As things stand, I intend to comply with my bail conditions, unfair though I believe them to be and await the result of my appeal.

Again, I would like to take the opportunity of thanking everyone in Scotland and beyond for their wonderful support yet again, but without forgetting that the issue is really all about Hollie Greig and the other vulnerable members of society.