I originally published this article on 23 June 2020; it had to be re-published due to an Internet problem with the old post.
In May 2015, amid a rise of negative emotions against EU citizens that were triggered in some British people by Brexit already becoming a part of the UK's political agenda, I got pulled over by two officers of Police Scotland who ''patriotically'' denounced my EU driving licence so that they could ''seize'' it, along with my MOTed and insured van I was driving in my work.
Though bias of those officers was obvious, Police Scotland refused to investigate my complaint against them (possibly because I said they acted like racist vigilantes on the roadside), and neither it helped me when an MSP in our constituency kindly joined in, complaining about the police on my behalf. The Scottish public prosecutor, without checking the validity of my driving licence with the DVLA or with the driving agency of the EU member state that had issued it, continued with my prosecution regardless, in an effort to create a cover-up by mounting a false prosecution on me that would make the unlawful actions of seizing a valid driving licence and lawfully operated commercial vehicle by the police look legal.
To cut a very long story short, over 5 years I have been battling the Scottish Government's institutions in courts and through numerous complaints to receive a reply from the SCCRC (the Scottish Criminal Case Review Commission) that it is ''not in the interests of Scottish justice'' to allow me for a fair trial and that punishing me has been the state's priority over the application of any due processes.
I used to be a supporter of Scottish independence and of the SNP leadership in Scotland but the excessive slowness, arrogance and incompetence of many of the state institutions have been devolved to the Scottish Government have really put me off.
A month ago, following the complaints protocol given to me by the SCCRC, I wrote to the Scottish Government asking them to enable me for a fair trial at the end but no response has come. Here is my letter copied below:
23 May 2020
The Scottish Government
St Andrew's House
To the attention of Ms Anna Donald, Acting Deputy Director of the Directorate for Justice
Dear Ms Donald
Complaint about the SCCRC
I am writing you with the hope you could help me resolve a dispute with the Scottish Criminal Case Review Commission that I have as a miscarriage of justice over their mishandling of my application and to direct my case to an appropriate court of criminal justice in Scotland for a (fair) trial or, at least, to such a court that would hear and consider the special circumstances in it and would potentially mitigate my excessive sentence.
I am a self-employed pest controller, a proprietor of my own Scotland-based business Czechmate Pest Control and a local employer, besides, I care for 2 children (my 7-year-old daughter and 8-year-old son) who suffer from disabilities (recognized and protected under Equality Act 2010).
Background of the case:
On 20 May 2015, I was stopped by police when I was driving my van to attend a job for a client of my business. To understand the events that followed from there, I consider equally important for anyone to know the relevant history: I had had a prior disqualification from driving (against which I appealed but the appeal was not allowed) that lasted 2 years and ended in March 2015. I did not break the ban during its entirety; however, I was residing in the Czech Republic (country of my birth) for several months during 2014 and to help my late father who was then of ill health with his transport to and from the hospital, I legally obtained my (Czech Republic) driving licence to do so. Even though I later had to move back to the UK to follow my partner with whom I had two children, I did not resume driving in Scotland until after the end of the UK driving disqualification. I did not have any financial difficulties to purchase a newish van and motor insurance to drive it for my business. The validity of my Czech Republic-issued driving licence (that was seized by police Scotland on 20 May 2015) has been confirmed by the Czech Republic driving agency issuing me with its duplicate on 31 July 2015 (which was over a month after I was falsely accused and charged with 'driving with no licence'). Apart from this, the prosecution and the JP court were made aware by a letter from the DVLA (I supplied to them) that my Czech Republic-issued driving licence was valid for driving in Scotland on expiry of my UK ban (including on 20 May 2015 which was the day of my alleged offence of 'driving with no licence'). The PF's complaint at the time of my pleading diet in June 2015 and at the time of the intermediate diet in August was that I was supposed to drive without a licence, therefore, my motor insurance would not be valid either. It has been undeniably evidenced throughout my prosecution that the PF knew my EU driving licence was valid all the time during this prosecution. Despite it, the PF kept falsely prosecuting me for driving with a valid EU driving licence for another 9 months throughout the trial up until the appeal in February 2016 when the Crown counsel admitted my Czech Republic-issued EU driving licence was indeed valid all the time during the prosecution. The Sheriff Appeal Court then quashed a wrongful sentence for 'driving with no licence' but by not allowing me to appeal against the 'no insurance' charge, it left in place a 5-year driving ban I was imposed by a JP court despite there cannot be a doubt that my insurance policy was also valid as it has been proven by a successful claim made on the insurance policy in April 2015. There's written evidence by letters from my former motor insurers that the policy in question was cancelled in June 2015 because of an alleged lack of my driving licence following a Police Scotland officer misinformed them into the extent it was deemed invalid by the police.
I cannot agree with the SCCRC's decision not to refer my case to the High Court of Scotland for reconsideration, despite they know I had a valid driving licence as well as insurance (on 20 May 2015) and neither I agree that the Justice has not erred by punishing me under wrong legislation s143 of the Road Traffic Act.
In its turn-down response, the SCCRC ''reasons'' that, in my case, it does not matter that I did not break the law (s143) for breaking of which I was punished by the Scottish justice and that punishing me is more important than was the due process!! Moreover, I find it insulting in the face of Article 6 of the ECHR (right to a fair trial) that the SCCRC has tried to make me guilty of a different crime under 174(5) without any foundation for it that could stand legal scrutiny in a public court of justice.
My complaint about the SCCRC:
I would like to assure you that I would certainly complain about not being referred by the SCCRC as a miscarriage of justice to the High Court of Scotland on 27 March 2020, based on Article 6 ECHR; however, I had already raised a communication issue with the SCCRC in my earlier letter to them on 24 March 2020 that has escalated in a complaint to you which overlapped with the SCCRC's issuing its Supplementary Statement of Reasons to reject my application on 27 March 2020. In the complaints process with the SCCRC about mishandling my application regarding the communication issue, same as in most of my other communications with the SCCRC since November last year, I reiterated and kept reminding to them that due to my wrongful driving disqualification, my business kept incurring significant losses (estimated to have increased from the initial £100,000 to a total of at least £200,000 over the length of the wrongful punishment) and how it adversely affected the wellbeing of my family and of our two children who suffer from distinct disabilities through an artificially created problem with our (and our children's) transport and that this has been particularly difficult for us to manage during Cov-19 pandemic. The SCCRC has never properly addressed the above. It made me sad to have seen a governmental body despising of my private business in Scotland but I was not surprised having watched scapegoating and discriminating of EU citizens across the UK in the last few years for Brexit; however, I refused to believe that a public body that is fully devolved and regulated by the Scottish Government is entitled to display the same ignorant attitude to children with disabilities (I afford to assume it would be contrary to the Equality Act 2010) in the same matter and it is the main reason for which I have complained about the SCCRC in the first place. Nevermind the organisation's bias against my business Czechmate Pest Control, I am still willing to give the SCCRC the benefit of a doubt that legal officer Mr Fitzpatrick who was in charge of my application had not relayed to the Commission properly the fact how badly my wrongful conviction was affecting my family and the wellbeing of our two disabled children and that that may have been the reason that caused the Chief Executive of the SCCRC Mr Sinclair did not pick up on his staff failings.
I enclose a letter from our social worker Mr Paul Giuntini that underlines the seriousness of my complaint concerning the impact of my wrongful conviction on my family and our two children. This letter was not available until a week after Mr Gerard Sinclair had closed my complaint about the SCCRC and referred me to the Scottish Government's Directorate for Justice.
Please, do not hesitate to contact me back (my email and phone number are below for your convenience) if you have any questions or need to clarify anything in my complaint about the SCCRC or/and my ''criminal'' case. I look forward to your reply.
Mobile: 07407 217880
I am usually here helping other people by advising them on pest control issues but this time I would myself appreciate a bit of advice from anyone who is knowledgeable on the subject of dealing with the Scottish Government and some of its institutions in the above matter. Thank you.
For anyone who might get tempted to telling me ''Go home'', please let me suggest, it wouldn't count as a valid piece of advice because it would be racist, besides, I have already been told this by Police Scotland some time ago.
Update 26/06/2020 at 19:42
I had posted this letter to the Scottish Government by 1st class Royal Mail recorded delivery a month ago but there has been no communication back from Acting Deputy Director of the Directorate for Justice of the Scottish Government or anyone else who is supposed to work there... .
Update 11/08/2020 at 21:14
Having been referred by the SCCRC, I followed up this institution's complaint protocol and wrote to the Directorate for Justice of the Scottish Government in a very urgent matter for my business and my family on 23 May 2020. 11 weeks on from (recorded delivery) posting, I have got no reply, except for more harassment from certain SNP-devolved Scottish institutions, Believe it or nor, the 8-year old has not committed any crime so the police Scotland does not need to harass his parents!
Here's my reminder letter to the Directorate for Justice of the Scottish Government,, CC to Scottish Criminal Case Review Commission (the SCCRC) copied below:
9 August 2020
Directorate for Justice
of the Scottish Government
St Andrew's House
Dear Sir or Madam
Ref: Miscarriage of justice - reminder
I wrote to you on 23 May 2020, following the correct complaints procedure as instructed by the Chief Executive of the SCCRC Mr Sinclair. Despite the letter was very important for my family and business and it was posted by 1st class recorded delivery, I have not received any reply to it from the authority (Directorate for Justice of the Scottish Government) in 11 weeks. I hope you can agree with me this is not an acceptable length of time to wait for a reply from a statutory government institution, especially in a situation like this: I enclose a copy of the letter for you to read now in case you no longer have the original.
With all due respect, I am still waiting for your reply.
My letter of 23 May 2020 to the Directorate for Justice of the Scottish Government
Letter from our social worker Mr Paul Giuntini dated 19 May 2020
Scottish Criminal Cases Review Commission 5th Floor 17 Renfield Street Glasgow G2 5AH