To:- Minister for Justice,
Mr. Jim Wallace, Q.C. MSP,
The Scottish Parliament,
Edinburgh, EH99 1SP.
18/4/00
Dear Minister, Jim Wallace, Q.C. MSP, Ref: Lord Advocates Reference No 1 2000
The Lord Advocate’s Reference No 1 2000 arises from the trial of three Trident Ploughshares Pledgers at Greenock Sheriff Court last October. The issues raised in this trial and in the Lord Advocate’s Reference concern the legal status of weapons of mass destruction in Scotland and the right of global citizens to prevent nuclear crime and are thus of grave public importance and interest not only in the UK but in the international community as well.
I have enclosed copies of two letters addressed to the Clerk of the Justiciary and to the new Lord Advocate on issues arising out of the procedural hearing of the Lord Advocate’s Reference of the 4th April 2000 where I appeared personally as the first respondent, as is my right under Section 123 2(a) Criminal Procedure (Scotland) Act 1995.
As you will see I have grave concerns regarding the fairness and impartiality of the proceedings and feel that my rights to a fair legal hearing have been severely curtailed. I also feel that the central legal question that needs the attention of the High Court and which should have been included has been left out of the original Petition.
As the Minister for Justice in the new Scottish Parliament I therefore formally ask you to enquire into these matters and see if you can help ensure that justice is done and seen to be done.
In peace and love,
Angie Zelter. Encls:-
Letter to Lord Advocate and letter to Clerk of Justiciary from Angie Zelter and both dated 19/4/00 Cc:-
Clerk of Justiciary, High Court of Justiciary and thus to Lord Justice General Rodger, Lord Weir and Lord Reed.
Lord Advocate, Mr. Colin Boyd, Q.C.
Crown Office, Edinburgh.
Solicitor General for Scotland – Neil Davidson, Q.C.
Deputy Minister for Justice – Angus Mackay.
The Secretary of State for Scotland – Dr. John Reid.
Scottish Criminal Cases Review Commission.
Scottish Human Rights Centre.
All Members of the Scottish Parliament.
Selected MPs at Westminster, Euro MEPs and Press.
From:- Angie Zelter.
To:- Mr. Colin Boyd Q.C.,
Lord Advocate,
Lord Advocate’s Department,
25 Chamber Street,
Edinburgh, EH1 1LA
18/4/00
Dear Mr. Colin Boyd Q.C. Lord Advocate, Ref: Lord Advocates Referrence No 1 2000
On the 4th April 2000 I appeared personally at the Lord Advocate’s Reference Procedural hearing as is my right under Section 123 2(a) Criminal Procedure (Scotland) Act 1995. I was heard by Lord Justice General Rodger, Lord Weir and Lord Reed. The major question of law arising from Greenock. I there submitted a statement to the effect that the Greenock case from which this Reference had come was essentially about the right of ordinary citizens to try to prevent one of the greatest crimes imaginable – that of the use of indiscriminate weapons of mass destruction that would lead to the mass slaughter of innocent people and of long-term and severe damage to the environment. I expressed my regret that the major issue that arose from this case was not actually being addressed directly by the Lord Advocate’s Questions in his Petition and suggested that in all fairness the question of the criminality of the present deployment of Trident nuclear missiles should be addressed by this Reference.
I therefore submitted that the Court should also answer the following question: ’Is the UK actually in breach of international law in its deployment of the Trident system, given HM Government’s present ’nuclear deterrence’ policy?’
Lord Rodgers said that the Court could only answer the 4 questions that had been put before it.
I am therefore formally asking that you, as the new Lord Advocate, add this further question in order that this major public interest issue is at last addressed by the courts. In any just and democratic system it is essential that there be mechanisms for the public to question the legality of official policies. As you know it has been over a decade now that citizens groups have been asking that the question of the legal status of British nuclear weapons and nuclear deterrence policies be the subject of an independent judicial inquiry. This fact formed the basis of my defence submission in the Greenock case – that I had tried all possible means of getting the authorities, including the courts, to address the issue of the criminality of Trident and to have it disarmed so that I would not need to do this essential crime prevention work myself. The present Lord Advocate’s Reference, arising as it does out of a citizen’s initiative to prevent nuclear crime, and in the knowledge that many other Trident Ploughshares cases are now being adjourned to await the outcome of this Reference, should be seen to be impartially looking at the most important legal questions arising from the Greenock case.
In various meetings, with representatives of the Ministry of Defence, NGOs have been informed in private conversations that many of the participants and implementers of the UK nuclear defence policy are worried about the legal status of Trident and their own personal responsibility as workers in the system and that this includes the Commanders of the Trident nuclear submarines. NGOs have further been informed that ’ unless the British Courts were to find otherwise’ the Government considers itself bound by a presumption that it is acting legally in its deployment of Trident.[Letter of 10/9/99 from Stephen Willmer to George Farebrother].
Within this overall context it would make a nonsense of these Lord Advocate’s Reference proceedings not to consider the question at the heart of the Greenock case. I therefore ask that as the new Lord Advocate, you take on the responsibility of including this central question into the LAR proceedings in any way fit. You will see that I have re-phrased the question below to make it clearer. I would appreciate a response as soon as possible as to whether you will petition the Court to add the following question to the LAR : –
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?
Thank-you.
In peace and love,
Angie Zelter. Cc:-
Clerk of Justiciary, High Court of Justiciary and thus to Lord Justice General Rodger,
Lord Weir and Lord Reed.
Crown Office, Edinburgh.
Solicitor General for Scotland – Neil Davidson, Q.C.
Minister for Justice – Mr. Jim Wallace, Q.C.
Deputy Minister for Justice – Angus Mackay.
The Secretary of State for Scotland – Dr. John Reid.
Scottish Criminal Cases Review Commission.
Scottish Human Rights Centre.
All Members of the Scottish Parliament.
Selected MPs at Westminster, Euro MEPs and Press.
From:- Angie Zelter.
To:- Principal Clerk of the Justiciary,
Mr. John Anderson,
Supreme Courts, Lawnmarket,
Edinburgh, EH1 2NS.
18/4/00
Dear Clerk of the Justiciary, Ref: Lord Advocates Referrence No 1 2000 On the 4th April 2000 I appeared personally at the Lord Advocate’s Reference Procedural hearing as is my right under Section 123 2(a) Criminal Procedure (Scotland) Act 1995. I was heard by Lord Justice General Rodger, Lord Weir and Lord Reed. Several serious matters have arisen as a result of that hearing and I have thus written this letter to you and also one to the new Lord Advocate and one to the Minister for Justice. I have enclosed all three letters and would be grateful if you would ensure that copies of them are sent to all three Lords who sat on the bench. This is because the matters concern them and I wish them to be fully informed of my concerns and because I understand that I should not write to them directly.
Right to a fair legal hearing.
It was clear from the process at the Procedural Hearing on 4th April that my right to speak for myself and to defend my own interests as well as to make sure that the public interest issues are fully addressed in the LAR are being taken away.
For instance:-
I was told to stop making a speech after having spoken for less than a minute and was not able to raise several important issues;
None of the parties are to be provided with a full transcript of the Greenock trial:
The LAR proceedings themselves are not to be recorded or transcribed;
The factual base and knowledge necessary to come to a fair and objective answer to the questions raised in the Lord Advocate’s Petition will not be made available to the Court;
No-one could hear adequately from the public gallery;
The Lord Justice General Rodger, who presided on the bench, has on several previous occasions expressed clear views on issues central to this case (for instance on 14th May 1992 and on 4th August 1992 in letters he signed to Dr.Chapman) and could not therefore meet the test of objective impartiality. I therefore consider there may well be a conflict of interest and that Lord Rodger should disqualify himself from the bench. I therefore ask that you inform me as soon as possible if you will arrange for the LAR hearing to be conducted in a fair and impartial manner by ensuring the following:-
i) that I am not stopped from my right of free speech but am given equal access to time and respect as all other parties;
ii) a full transcript of the Greenock trial is provided to all parties;
iii) that all LAR proceedings are recorded and transcribed and transcripts provided to all parties or that parties are entitled to make their own personal tape-recordings of the hearings;
iv) that adequate arrangements are made so that the public can hear what everyone says;
v) adequate arrangements are made for the inquiry into the factual base and knowledge necessary for the judges to answer the questions on an informed and impartial basis and that this information is then adequately presented to all parties;
vi) that Lord Rodger be asked to step down from the bench and a Judge with no conflict of interests replace him ? I would appreciate an answer to all of my questions as soon as possible. Thank-you.
In peace and love,
Angie Zelter.
Cc:-
Lord Advocate, Mr. Colin Boyd Q.C. Crown Office, Edinburgh.
Solicitor General for Scotland – Neil Davidson, Q.C.
Minister for Justice – Mr. Jim Wallace, Q.C.
Deputy Minister for Justice – Angus Mackay.
The Secretary of State for Scotland – Dr. John Reid.
Scottish Criminal Cases Review Commission.
Scottish Human Rights Centre.
All Members of the Scottish Parliament.
Selected MPs at Westminster, Euro MEPs and Press.