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Complaint Against Sheriff Alastair Macfayden

(October 08, 2011)
Subj: Complaint against Sheriff Alasdair MacFadyen

Angela Hacket

I refer to previous related complaints. Please consider the present
complaint in the following terms :

1 That when granting an Interim Antisocial Behaviour
Order on 15 May 2007 he did not " satisfy himself the antisocial
behaviour complained of would be established when a full hearing
takes

place".







2 That when granting said order on 15 May 2007 he did not "set a date

for the next hearing which is normally 6 weeks ahead".







3 Thereafter, having granted said order, he allowed the Pursuers (

Highland Council ) 4 years, 4 months and 19 days to 4 October 2011 to

lead evidence for what was in effect an emergency court order. It is

noted that in that time the Pursuers have made no attempt to lead

evidence regarding this matter at Inverness Sheriff Court.







4 That he has knowingly and flagrantly conducted himself unlawfully
by

breaching the European Convention on Human Rights in particular the

convention right to a fair hearing within a reasonable time.







5 That, unduly influenced by the above, he refused a defence motion
at

Inverness Sheriff Court on 4 October 2011 for further time to seek

legal representation in a case alleging a breach of said Interim ASBO

to ensure ;







- the accused would be denied a fair hearing at the trial diet on 13

October 2011.







- evidence of serious wrong doing associated with his own misconduct,

the Interim ASBO and the Crown witnesses would not be scrutinised in

the course of the proceedings. In the first instance I refer to

documentary evidence already provided to Lord Eassie which infers a

criminal trial was predetermined by the Pursuers at the District
Court

in Inverness on 26 August 2005 to facilitate the Interim ASBO in

question. Additionally, further evidence that the Interim ASBO was in

fact being kept in force under false pretences at the time of the

incident to be considered at the trial diet on 13 October 2011.







Sheriff MacFadyen's conduct relating to these matters is highly

questionable and has clearly fallen below that which would be
expected

of a judge - I would refer to Statement of Principles of Ethics for
the

Scottish Judiciary in that regard.







The above should be put in the context of a documented catalogue of

further serious wrong doing in other police investigations and court

cases involving the Crown witnesses in the present case which raises

significant concern regarding impartiality of the present
proceedings,

the motive behind the prosecution and the possibility of a fair trial

at Inverness Sheriff Court on 13 October 2011.







I look forward to your response.







Stuart Hunt



Mid Balchraggan Cottage



Drumnadrochit



IV63 6UX

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