Procurator Fiscal Decides Not to Proceed with Case Against JAH Muad’Dib and Stephen Crielly
On September 4, 2017, the Procurator Fiscal decided not to proceed with the case against JAH/Muad’Dib and Stephen Crielly in Edinburgh, Scotland. This decision came just after each had submitted their “Minute of Notice” to the Procurator Fiscal and Sheriff Court, notifying them that JAH and Crielly intended discussing preparations for their challenge to the jurisdiction and sovereignty of the Crown/Regina at their upcoming hearing set for September 7, 2017.
This hearing would have been the second in the case against them, where each was charged with “making threats”. Their first hearing, or first diet, was held on August 15, 2017. Pleas are taken at first diets; however, JAH and Crielly did not plea as they were challenging the jurisdiction and sovereignty of the Crown and its Court. They were also handed documents about evidence against them moments before walking into the courtroom.
The Sheriff informed JAH and Crielly that they could not discuss the challenge without having first filed a “Minute of Notice”, two full days prior to the hearing. He set another hearing on Sept. 7, so that they could see the evidence against them held by the Procurator Fiscal. When Crielly asked how to contact them to do so, the Procurator Fiscal said she would contact him to make arrangements; which she failed to do.
Setting this second hearing meant that JAH and Crielly would be able to file a “Minute of Notice”, as long as they did so two full days prior to it. Their notices can be read at the King of Scotland on .
Those familiar with their arrests will know they stem from Affidavits of Truth submitted in the IndyCamp court case as Amicus Curiae Briefs. They can also be read at the King of Scotland webpage. Details about Crielly’s arrest on Oct. 19, 2016, and JAH’s arrest on Jan. 29, 2017 are featured in articles on Time To Think.
Crielly’s arrest dealt with him sending the second Affidavit of Truth – a document that went missing at the IndyCamp appeal hearing on Oct. 19th. “Missing” documents in court seem to be “common practice” when the court doesn’t want to address what’s in them. They either go missing or the court refuses to acknowledge them.
Knowing this, when JAH and Crielly submitted documents for their August 15th hearing, they sent them registered mail; saved the receipts and took extra copies to court. It was a good thing they did because the Sheriff and Procurator Fiscal said they had not received any of these documents.
When given JAH’s refutation in court, the Sheriff said he would hang on to it; and the Procurator Fiscal admitted she actually received it. She immediately also lost credibility about not receiving Crielly’s “Uncontroversial Evidence”. The Sheriff said she must respond to the document; thus, the Procurator Fiscal challenged it within seven days from Aug. 15th: however, when registered mail is sent, the burden of proof that the recipient did not receive the mail falls on the recipient; and Crielly has the September 1st registration receipt.
Before the Aug. 15th hearing adjourned, the Sheriff lifted JAH’s bail condition of signing in weekly.
For more details about these recent activities, please refer to the King of Scotland webpage, including reading the documents they submitted.
Synchronously, about the same time JAH and Crielly were submitting their Minute of Notices at the Edinburgh Sheriff Court on Chambers Street, Elizabeth 2 was opening the new Queensferry Bridge in front of a minor procured crowd, just across town. One of her Privy Council members, First Minister Nicola Sturgeon accompanied her during the festivities.
JAH and Crielly read about the opening in the newspaper as they arrived in Edinburgh.
The shortlink for this article is http://wp.me/p2TF2i-KC