Letters / My last chance
On 7 September I will get what is probably my last chance to get the British justice system to redeem itself. The court is trying to keep me out, while at the same time admitting I am a party with a right to be heard in the Alistair Carmichael case.
I have no interest in the outcome of the case, only the fact that the court lacks the jurisdiction or authority to hear it. They cannot legally proceed without jurisdiction and have been notified of its lack in this case.
Previous experience shows they will want to simply ignore that inconvenient fact and proceed anyway, but I intend to make my voice heard and ensure that the rules are followed.
Although the basis of my claim that the court lacks jurisdiction is based on the fact that no court has been shown proof that Shetland is part of Scotland; that is not the key issue here.
What is at stake is the wider question of whether the judges will follow proper procedure and their own rules, or will they simply be content to accept presumption and hearsay as the basis for their decision?
If they take the latter course they will be acting outside their authority and taking a political stance – a dangerous path. To preserve their integrity and to maintain public faith in the judiciary, they must be impartial and follow proper procedure.
It is fundamental to any western justice system that when the jurisdiction of the court is challenged, the court must hear proof of its jurisdiction from whoever is bringing the case.
This should be a simple and straightforward matter – a short hearing before the main case. After hearing the evidence the judges can make a decision as to whether they have the necessary jurisdiction to hear the case.
Omitting this simple step takes us perilously close to a police state where the judges are controlled by political masters.
It has been my experience that judges at every level in the Scottish system will do everything they can, legal or otherwise, to avoid facing this question in open court. I am asking for your support in requiring that the judges act within the law and do not pervert the course of justice.
Lord Eassie and Lady Paton are the judges. Mine will be a lone voice on 7 September, but you can strengthen my hand by signing my petition.
It asks the judges to act impartially and hear proof of their jurisdiction before proceeding with the case – as is their duty.
Please sign the petition at: http://tinyurl.com/RestoreFaithInBritishJustice and pass this on.
There is a short time to act, so please sign the petition. Let the judges know you care about British justice!
Thank you.
Stuart Hill
Ocraquoy
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