Complaint Against Sheriff Alastair Macfayden(October 08, 2011)
Subj: Complaint against Sheriff Alasdair MacFadyen
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
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
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
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
- 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
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
of a judge - I would refer to Statement of Principles of Ethics for
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
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.
Mid Balchraggan Cottage