Record of Communications between Crown, Lord Advocate and Angie Zelter

Date: 12 Jan 00

From: Angie Zelter

To: Lord Advocate (Lord Hardie), Lord Advocate’s Chambers

Contents: Asked for confirmation of the rumours that there is to be an LAR. Also raised the issue of the return of my personal property still being kept by the Crown in spite of my acquittal.
-   Date: 21 Jan 00

From: J Gibbons (Private Secretary), Lords Advocate’s Chambers

To: Angie Zelter

Contents: Confirmed that ’a reference to the High Court will be lodged in due course and notice will be given to you’. Also stated that the Procurator Fiscal ’is making arrangements for the return’ of my items.
-   Date: 23 Feb 00

From: Angie Zelter

To: Lord Advocate (Lord Hardie), Lord Advocate’s Chambers

Contents: Asked for a full and accurate copy of the Greenock Trial transcript
-   Date: 24 Feb 00

From: Angie Zelter

To: Lord Advocate (Lord Hardie), Lord Advocate’s Chambers

Contents: Gave formal notification of my electing to appear personally at the LAR Procedural hearing; asked for permission for a Mackenzie friend; for agreement to help me with my legal costs under the principal of equality of arms as specified in the ECHR; for a full transcript of the Greenock Trial.
-   Date: 26 Feb 00

From: Angie Zelter

To: Crown Office

Contents: Raised issue of my costs again in more depth including possible travel costs of any witnesses that I might bring to give oral testimony.
-   Date: 1 Mar 00

From: Dr. Alastair N Brown (Senior Procurator Fiscal Depute – Policy Group), Law Officer’s Secretariat, Crown Office

To: Angie Zelter

Contents: Thanks for letters of 23, 24 and 26 Feb; discussed costs issue and says that Art. 6 of the ECHR only applies in relation to determination of a charge and as that charge has now been determined ’the principal of equality of arms does not as such have any consequences in relation to your appearance personally’; raises the issue of an amicus curiae being appointed to assist the Court whilst admitting that he does not know how this will work in practice as it has not happened before; Crown has no problem with someone to help me with papers and notes but it would be for me to persuade the Court that I have cause; the issue of the transcript should be taken up with the Justiciary Office; he would ’not regard it as appropriate for the LA to settle the expenses of those whose evidence you wish to lead’ and in any event ’the Crown will be inviting the Court to hold that such evidence cannot be given’; advised me to get legal representation.
-   Date: 18 Apr 00

From: Angie Zelter

To: Lord Advocate (Colin Boyd), Lord Advocate’s Chambers

Contents: Asked him to add the following question to the LAR as it was the major legal issue that arose out of Greenock:- ’Is the UK in breach of international law in its deployment of the Trident System given the specific design and capacity of Trident and in particular when linked with HMG’s stated willingness to use Trident’s nuclear warheads?’
-   Date: 28 Apr 00

From: Angie Zelter

To: Lord Advocate (Colin Boyd), Lord Advocate’s Chambers

Contents: Asked him to withdraw the LAR because he had refused/neglected to answer my letter of 18 Apr 00 and because the procedures of the LAR are unjust and unfair.
-   Date: 3 May 00

From: Dr. Alastair N Brown (Senior Procurator Fiscal Depute – Policy Group), Law Officer’s Secretariat, Crown Office

To: Angie Zelter

Contents: Replying to 18 and 28 April letters; said ’It is not appropriate for the Crown to seek to alter those questions’ nor to ’invite the court to answer the question which you have sought to pose, not least because that question is technically deficient’; he said ’The Reference will proceed as it stands’.
-   Date: 18 May 00

From: Dr. Alastair N Brown (Senior Procurator Fiscal Depute – Policy Group), Law Officer’s Secretariat, Crown Office

To: Rt. Hon. Tony Benn, MP

Contents: Referring to letter Tony had written to the Lord Chancellor about the question I had posed, he states ’Since that question relates to international law and to defence, both of which are reserved matters , I have pointed out to the Lord Chancellor’s Office that it is not appropriate that the Lord Advocate, as a member of the Scottish Executive, should deal with your letter’.
-   Date: 22 Jul 00 [view full text]

From: Angie Zelter

To: Lord Advocate (Colin Boyd), Lord Advocate’s Chambers

Contents: Enclosed a letter he had written to Austin Mitchell and pointed out that in it he had said that the amicus curiae had been appointed in respect of my position and that all relevant issues would be explored. I also enclosed a copy of Moynihan’s letter to myself where he says he is independent of all parties and was appointed to serve the court. Asked for clarification on Moynihan’s role and again asked that the major relevant question be looked at in the High Court.
-   Date: 25 Sep 00 [view full text]

From: Dr. Alastair N Brown (Senior Procurator Fiscal Depute – Policy Group), Law Officer’s Secretariat, Crown Office

To: Angie Zelter

Contents: “At the last hearing, issues were raised about the Questions asked of the Court by the Lord Advocate. We have reviewed those Questions and are not minded to make any changes”. Letters also requests a meeting, and offers to pay expenses at the same rate as for court witnesses.