Lord Advocate’s Reference

To:- Acting Deputy Principal Clerk of the Justiciary, Mr. Thomas Higgins, Supreme Courts, Lawnmarket, Edinburgh. EH1 2NS

Dear Mr. Higgins, Acting Deputy Principal Clerk of the Justiciary, Ref: Lord Advocates Referrence No 1 2000

Thank-you for your reply (dated 20^th June) to my letter of 12^th May. Thank you also for informing me that the Judge chairing the LAR will be Lord Prosser, rather than Lord Rodger and that the LAR will begin on October 9^th. Please inform me as soon as possible of the names of the other Judges who will be assisting Lord Prosser.

In our telephone conversation today, which was based upon your letter of 20^th June, I learnt from you that the amicus curiae was appointed by Lord Rodger on 4^th April. If this was the case why has it taken so long (2 1/2 months) for you to inform me, and then only after two letters?

I am also deeply disturbed that it was Lord Rodger that made this appointment on the back of my decision to represent myself and therefore not having legal counsel - see the Interlocutor Sheet Petition Ref No Misc 11/2000, where it says ’in respect there has been no intimation from the first respondent in terms of Section 123(2)(b) of the Criminal Procedure (Scotland) Act appointed GJBMoynihan Q.C. to act as amicus curiae’. Furthermore, it became apparent in the course of our conversation that no-one knows the role of this amicus curiae. You said that he decides this for himself! The letter says that ’his involvement will be determined by the Court’! Who (what person) is the Court? When does this person decide and how will I be informed? As he was appointed because I have no legal representation will he advise me and do work for me? As I was denied the use of a solicitor (who would have acted free of charge and would have allowed me still to represent myself in the proceedings) will he act free of charge for me? Will he advise me of how I can petition the court to annul his appointment as an amicus curiae, on the grounds of his partiality and links with Lord Rodger? If he is now a party to the proceedings and the Court decided, on April 4^th, that all parties are to provide ’skeletal arguments’ a week before the proceedings, surely he will have to do the same? Surely, he should not be allowed to decide his role for himself and surely he must have been given some kind of brief by Lord Rodger or some other person hiding behind the name of ’the Court’? I request, in the interests of justice, to see all communication between him and ’the Court’ and between him and Lord Rodger, in connection with the LAR and his appointment as an amicus curiae. Please inform me immediately of when these will be sent to me. For your information I have sent you a copy of the letter I have sent Mr. Moynihan.

I must also point out to you that I have still not received Sheriff Gimblett’s Report of the Greenock Trial nor the transcripts of the evidence. I would like an immediate reply as to when this report and the transcripts will be posted to me.

I also discussed with you over the phone my need for a short-hand note-taker to be present at the table with me in order to be able to hear and take notes of all the proceedings, whether said in a loud voice or in a quiet voice. There is every indication that it will be necessary to appeal to various European Courts and such notes will be vital. As you cannot assure me that there will be an adequate p.a. system in the court and from my experience at the procedural hearing on April 4^th, when my note-taker was not able to hear well enough to take adequate notes, I think it is necessary to get arrangements sorted out now. It is not satisfactory to say that ’If, during the course of the hearing relating to the Lord Advocate’s Reference you experience difficulties then you should bring this to the attention of the Court’. It was my experience in the Court that the Court’s attention was very hard to get! and then not very amenable to my requests. While the Court’s attention is being sought no doubt vital notes will be unable to be taken. This would be a travesty of justice and to forestall this likely event I would like you to assure me now, in writing, that my note-taker will be seated in a position where she/he will be able to hear everything and be able to take complete notes.

In peace and love, Angie Zelter.

Encl. Letter to Mr. Moynihan

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