
Lord Advocate’s Reference
From Angie Zelter, 22nd July 2000
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To:- The Right Honourable Colin Boyd QC
Lord Advocate’s Chambers
25 Chambers Street, Edinburgh, EH1 1LA
22/7/00
Dear Colin Boyd,
I enclose a letter that you wrote to Austin Mitchell MP that includes information that is directly contrary to my own and I would like you to clarify it for me. As the ’third’ of the acquitted people you refer to in your letter, you mention that ’The third will be making her own submissions and the Court has appointed a highly experienced Senior Counsel as amicus curiae in respect of her position. 1 am, therefore, confident that all relevant issues will be explored fully before the High Court of Justiciary.’
I enclose for you the letter I have had from this amicus curiae (Mr. Moynihan) from which you will gather he in fact sees his role in a very different manner - as being independent and to provide assistance to the court. He has not asked me what my position is or what my interests are, nor has he offered help on the procedural aspects of the reference, nor has he been willing to answer my questions about what exactly his role is. For instance I would like to know whether he will be preparing a skeletal argument as all other parties have been ordered to do. I am therefore not sure how he could be said to be acting as an amicus curiae in respect of my position. Please explain how he will be able to fulfil this duty?
I would also be grateful to hear from you how you think ’that all relevant issues will be explored fully before the High Court of Justiciary’, if the question of the legal status of Trident is not explored fully? At present there is no procedural mechanism within the LAR for the major question of law that arose out of the Greenock case to be examined and resolved. I have already written to you about adding this question but have received no direct response from you. I ask again that you ask the Court to examine this question - ’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?’
I would be grateful to hear from you directly on these matters.
In peace and love,
Angie Zelter
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