Press Releases & Updates 2000

There was a hearing today to look again at some of the decisions made at the preliminary hearing for the Lord Advocates Reference by Lord Rodger. The new Judge, Lord Prosser was much more receptive and the whole tone was friendlier.

The role of the ’amicus curiae’, Gerry Moynihan, appointed last time was questioned. He was there and himself asked the court for clarification. The possibility of recording the proceedings was also raised.

Angie Zelter made a motion that another question be added about the legality of Trident. There were queries about the competence of question 2 which refers to the ’possession of nuclear weapons’. Sheriff Gimblett’s report makes clear that the defence in Greenock was about the threat and use of Trident NOT possession. The judge suggested that the Advocate Depute let the Lord Advocate know that he should look at his question again after reading the transcript of the last three days of the Greenock trial and the Sheriffs report. The judge seemed to agree that the ’critical question’ wasn’t there! Gerry Moynihan also questioned whether the Lord Advocate (as a member of the Scottish parliament) can make a Reference about something which is not devolved to the Scottish parliament ie. defence.

Most of the issues raised have been deferred to yet another hearing to be held sometime before October 9th. The judge did decide that the appointment of Gerry Moyniham was appropriate. Mr Moyniham has agreed that if his role is to look after Angies legal interests, then he has to actually talk to her!

Generally everyone seemed happier than last time.

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