Petition for the Procurator Fiscal to Desert Forthwith, the Apprehension-Warrant-less, and therefore Baseless, Banff Sheriff Court Abuse-of-Process (resisting arrest) BA11000019 & BA11000106 'Cases' (against Mr Philip Mitchell). sign now

My (Philip Mitchell's) conflict with the criminal Grampian Police (GP), Crown Office & Procurator Fiscal Service (COPFS) and Scottish Judiciary (backed up by the Judicial Office for Scotland (JOS), all 8 constituency/regional (to Macduff) MSPs, Justice Secretary Kenny MacAskill and First Minister Alex Salmond) arises from my reliance on the (democratically fundamental) rule-of-law conflicting with these Authorities hypocritically flouting the law against me and my (legitimately supportive) brother John and so purportedly 'finding' my having committed legal offence where no offence exists on my part but only from their perverted, lawless-as-it-suits-them perspective driving their oppression and persecution of innocents through further contra-democratic unaccountability and lawlessness.

The COPFS is criminally continuing with abuse-of-process, persecution proceedings (PF Refs: BA11000019 & BA11000106) against me in (the corrupt) Banff Sheriff Court (BSC), purporting my having committed offences of resisting arrest (and associated Police assault) from the Authorities' purported Apprehension-Warrant (A-W) lawful authority for GP to arrest me from my home yet the COPFS is still resolutely refusing to disclose (as from 4.1.11/13.2.11 respective initial request of its GP agents) copy of GP's claimed Apprehension Warrants (AWs) referenced to Aberdeen Sheriff Court (ASC) on 2.12.10 (my not having been cited to appear so there was no lawful ground for PF Miss V White to petition for an AW on basis that I'd been cited to appear, hence unsurprisingly no AW) and 2.2.11, on which GP came to our home to purportedly arrest me on 4.1.11 and 13.2.11 respectively; but in law, actual kidnapping/abduction.

The conflict here arises from e.g. GP's non-compliance with Article 5 (automatic right to liberty and security of person (and for which right millions paid the ultimate sacrifice in two World Wars and which is particularly poignant in the run-up to the 13.11.11 Remembrance Sunday when the Queen (in whose name the COPFS and Sheriffs act) and politicians (backing up the 'Justice' system's criminality) will be laying wreaths, or having laid on their behalf, giving show of appreciation for these lost lives while hypocritically and unlawfully denying such fundamental right (of liberty and security of person) to such as myself and my brother John)) of the Human Rights Act 1998 (HRA) which clearly sets out the lawful requirement for the Authorities to have, and to show particularly upon request as appropriate, lawful authority to arrest someone (typically upon a Police Officer having reasonable suspicion of the arrestee having committed, committing, or about to commit, an offence; or for instance upon an AW (granted on a (relevant) charge)) and to comply with Article 5,2 "Everyone who is arrested shall be informed promptly, in a language which he understands, of the reasons for his arrest and of any charge against him.", whereas on neither 4.1.11 nor 13.2.11 would GP inform me of any such offence/charge for which they came to 'arrest' me and indeed claimed not to know! GP's standard repost to at-the-time verbal complaints of their breaching the law was "We do not need to ..." e.g. comply with Article 5 nor particularly 5,2 nor Article 6 (right to a fair hearing) in even refusing to question me ahead of being GP-charged with e.g. resisting arrest and without having established whether I was being (lawfully) arrested, and just because GP (the COPFS and Sheriffs) evidently interprets its Officers grabbing or attempting to grab some-one irrespective of lawfulness as counting for (lawful) arrest, does not make it lawful arrest upon which to base a resisting arrest charge, moreover I was prejudicially/unlawfully GP-charged (and by the same criminal Officers who did the 'arresting' and were additionally in unlawful conflict-of-interest from my complaint against them of their "kidnapping" me) by refusal to question me as the accused (which scenario is much worse than the Cadder scenario of the accused being questioned, albeit without safeguarding presence of a lawyer, and on 13.2.11 I was even GP-charged from GP refusing me my at-the-outset-at-Fraserburgh-Police-Station-requested legal assistance to authoritatively adjudicate on the lawfulness of GP's 13.2.11-held/used claimed-AW and which so GP held/used document (used as (copy of) AW) the COPFS is refusing to disclose to me (since blatantly not a valid AW as lawfully required), so the COPFS's position vis-a-vis the Court is that GP had nothing with them as nothing disclosed (not even to BSC!) and the 17.10.11-cited Area PF 17.8.11-wrote "There is nothing further to disclose in this respect.".

The COPFS has therefore yet to set out its purported case against me (and my brother John), implicitly being as purportedly GP's lawful authority to come to our home and to effect my arrest on 4.1.11/13.2.11 was by GP's-claimed 2.12.10/2.2.11-referenced, purportedly ASC-sanctioned-to-be-raised AWs however the COPFS has disclosed no (copies of) AWs and despite my numerous written requests for disclosure whereas these claimed AWs are fundamental to the COPFS having a (lawful) case against me in respect to both BA11000019 & BA11000106, yet Banff Sheriff Clerk Tracey Reid has confirmed that neither does BSC have copies of these claimed (prerequisital-to-the-charges) AWs, and absence drawn to the attention of the 4 Sheriffs and indeed Sheriff Philip Mann 25.7.11-purported to rule that what GP 4.1.11/13.2.11 held/used as A-W lawful authority to 'arrest' me were valid AWs yet had allowed the PF to not even disclose what GP had/used nevermind not state (nor argue) as being valid AWs; to which I (legitimately) maintained my preliminary plea of incompetence to GP's purported lawful authority to 'arrest' me but to which Sheriff Mann criminally imposed upon me against my maintained objection, a plea of "not guilty" in order to criminally proceed to Intermediate Diet (ID) and Trial stages, to which official (but unlawful) IDs, Sheriffs Hammond and Fife further unlawfully set straight Trial dates despite having been informed that the COPFS had not yet disclosed the fundamentally necessary, and PF-claimed-as-lodged copy of AW, for the COPFS to have a prima facie (lawful) case against my brother and I. For the 5.12.11 unlawfully-proceeded-to 'Trial', the COPFS is seemingly looking to be relying on the conspiratorial, criminal assistance of another corrupt Sheriff (following on from the unlawful stages established by Sheriffs Mann, Hammond and Fife against whom complaint of criminality has been made but not investigated by neither the conspiratorial GP nor COPFS nor JOS, nor unlawful progression suspended) and the COPFS is seemingly intending to immediately call prosecution witnesses without first setting out its 'case' (it has no lawful case!) against us, rather than in support of which 'case', witnesses would be called according to jurisprudence, yet I'm still legitimately maintaining my preliminary plea of incompetence to what GP had/used as A-W lawful authority to 'arrest' me on 4.1.11/13.2.11, still waiting for (relevant) competency hearing and indeed still waiting for the COPFS to disclose what GP (the COPFS's agents) so had/used on 4.1.11/13.2.11 and for the COPFS to state as being (required in the circumstances) valid AWs!

The foregoing is the basis for my raising this petition calling for "the Procurator Fiscal to Desert Forthwith, the Apprehension-Warrant-less, and therefore Baseless, Banff Sheriff Court Abuse-of-Process (resisting arrest) BA11000019 & BA11000106 'Cases'".

It's evident from the criminal failure of the COPFS to disclose what GP held/used on 4.1.11/13.2.11 as A-W lawful authority to 'arrest' me, and from the Area PF's 17.8.11 e-mailed letter that there are no AWs despite the HRA, Article 5 requirement for AWs in the circumstances, hence the COPFS has no lawful case against neither me nor my brother John, and indeed it is the GP Officers and others who ought to be prosecuted for e.g. Breach-of-the-Peace, Assault, Kidnapping and so as to criminally unlawfully put me before a corrupt ASC, unlawfully denying me (as with appearance before BSC) the HRA, Article 5 right to security of person because it's not as if ASC was going to pick up on GP's unlawful 'arrest' of me as I complained on 5.1.11 in ASC and freely release me under Article 5,4 of the HRA e.g. I was even further unlawfully put before ASC without being charged on 5.1.11 (further betraying there being no AW, from there being no charge on which granted) and against my objection and Sheriff Garden criminally refused to ask the mandatory-in-the-circumstances Criminal Procedure (Scotland) Act 1995, 135(2) question etc.; hence no basis for, nor existent, succeeding claimed-AW.

On the basis that the foregoing account is true and a relevant reference to the rule-of-law (unbefittingly flouted by the Authorities' contra-democratically unaccountable and continuing abuse of power), we, the undersigned, petition the Procurator Fiscal to Desert Forthwith, the Apprehension-Warrant-less, and therefore Baseless, Banff Sheriff Court Abuse-of-Process (resisting arrest) BA11000019 & BA11000106 'Cases' (against Mr Philip Mitchell and his brother John Mitchell who is co-accused under the 106 'case').

This petition is purposefully narrow in attempt to tackle the impending, thoroughly unlawful 5.12.11 'Trial', after which the wider issue of Sheriffs' illegitimate authority to flout the law and Pervert/Obstruct, rather than administer, Justice can be more generally addressed, as is more befitting of a petition to provide a general benefit.

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