I am writing this post on my business blog as a last resort, having had no reply from the Scottish Government as a miscarriage of [devolved] justice yet for another month after 5 years of me patiently waiting for a fair trial.
from: Martin Kroupa <firstname.lastname@example.org>
date: 27 Sep 2020, 13:00
subject: Re: SCCRC Complaint - Reply from the Scottish Government - Request for information
27 Sep 2020, 13:00 (12 days ago)
Dear Mr Fraser
I hope that you are well because two weeks have now passed without an urgently anticipated reply from you
I appreciate you might be sheltering yourself from Coronavirus and working from home but that shouldn't be preventing you from communicating by email.
Please, if you are too ill or taking a long-term time off from work for any other reason, forward my case to another employee of the Scottish Government to deal with it.
With all due respect
Martin Kroupa, proprietor
Telephone: 01294 689903
Mobile: 07407 217880
It Started with a Racist Power Trip
In May 2015 two officers of Police Scotland, Gaffney and Gillard, pulled me over in Inverclyde when I was driving my work van to attend clients of my [UK registered] business in the area. Despite I had a valid driving licence and the commercial vehicle was insured and MOTed, I have been handed a false, 5-year long driving disqualification by a Justice of the Peace judge - Mr Alexander McIntosh in Greenock court. An unintentional cause of my ''cross'' with Scottish authorities was me using an EU driving licence that was properly issued to me by the driving authority of Czech Republic when I was visiting my late father in 2014 with a view to stay longer in the country of my birth. In 2015, after returning back to the UK, I was assured by the DVLA over the telephone and confirmed by the same UK institution in writing that my Czech Republic-issued driving licence was perfectly fine for driving in the UK, including in Scotland and that I wouldn't have to exchange it until I reach 70 years of age. However, that didn't stop Police Scotland from ''seizing'' a valid document [EU driving licence] and neither it helped to stop Scotland's PF from mounting a false prosecution on me to cover up for the police ''mistake'' - racist power trip. Yes, had the DVLA advised me to change my EU driving licence back to a UK licence, I would have done it without any hesitation to comply with the law. Unfortunately, I didn't yet know about the dangers involved when I complained about the police acted like racist vigilantes on the roadside which, indeed, worked like poking into a wasp nest with a blunt stick.
What a Busy Pond!
Bewildered by the institutions, I then resorted to look for advice and help from my local MSP, who, in 2015, was [since 2016 retired] Ms Margaret Burgess for SNP. She obtained information from SPICe (the Scottish Parliament Information Centre) which confirmed I was not breaking any Scottish or British law by driving a motor vehicle on a public road in Scotland at that time in respect of using my EU driving licence and my driving record. Justice of the Peace judge Mr McIntosh (note JP judges in Scotland are not required to be legally qualified lawyers), however, ''ruled'' that the MSP, the Scottish Parliament Information Centre, as well as the DVLA, were all wrong but Scotland's local PF was right in prosecuting me and he, therefore, had a right to punish me... . In his ''ruling'', JP judge said: ''Despite this is a grey area of law'' I decided to side with the PF''. Just a couple of weeks prior to that police stop, I had been involved in a split-fault accident and my EU driving licence has been accepted by the police (in North Ayrshire) and by the Kilmarnock PF (in East Ayrshire) as a valid document while Greenock PF (only 30 miles away in Inverclyde) decided on his own accord differently. Referred to this accident, my insurance company cleared my claim by arranging a courtesy van for me plus [it] uplifted and repaired my own van and there was no doubt for them also negotiated with the third party's insurance company. Without any reliable evidence that could stand legal scrutiny in a proper court of justice, this unqualified layman/JP judge [Mr Alexander McIntosh] condemned my business to undue losses have exceeded £200,000 as well as he caused my family undue stress and a serious problem with transporting our children who have disabilities (autism and ADHD). The Scottish Sheriff Appeal Court quashed my wrongful conviction for driving with no licence a year later on advice of the Crown who admitted they ''found'' the licence was valid all the time [during my prosecution] but it never allowed me a leave to appeal the insurance charge so I was to stay with the false punishment. I had a QC lawyer Mr Iain Paterson to represent me in the appeal but he screwed it during the sifts and withdrew from acting to avoid any professional responsibility. On advice of the Law Society of Scotland, I complained about the lawyer QC Paterson to the Scottish Legal Complaints Commission (SLCC). The SLCC after a couple of years decided my complaint about QC lawyer Mr Paterson was not vexatious, however, his works ethics were otherwise in line with the standard required for law practitioners in Scotland. Paradoxically, on my complaint, the Law Society of Scotland decided that it was also OK that despite my multiple requests, my lawyer Mr Paterson was avoiding any contact with me [his client] until the last weekend before the appeal on Tuesday while the court hearing had been scheduled several weeks ahead. At the beginning of last year , I was finally able to approach the SCCRC [the Scottish Criminal Case Review Commission] that was reviewing my case for a year to come up with its decision that, however, they know I had a valid driving licence and my motor insurance was likely valid (for the purposes of Section 143 of the Road Traffic Act) too, ''it was not in the interests of Scottish justice'' to refer my case to an appeal court and neither I deserved a fair trial. During that time and before the SCCRC reached it's final decision to not allow me a fair trial, I complained (by a mandatory procedure) to the Justice Directorate of the Scottish Government about a communication problem this institution [the SCCRC] has had when it became obvious that it didn't care about anything could be in my favour by ignoring information supplied to them by me. In the end, I have my doubts there even was any meeting of the Commission to discuss and conclude my case because it coincided with the start of Coronavirus lockdown earlier this year in March.
Between a Rock and a Hard Place
Now, I am stuck in a dead-end avenue of the Scottish justice system while being caught between the rock of a ''no deal'' Brexit as an EU citizen living & working in the UK and a hard place of the SNP-devolved Scottish institutions that regard themselves so independent that my right to a fair trial has become a nuisance and a redundant term to them. Any advice from lawyers, civil servants or simply from any sensible person who feels himself or herself to be ''in the know'' for how to overcome this hurdle would be much welcomed and appreciated. Racists do not need to comment.
UPDATE 28 November 2020 at 13:55
While the UK has approved my indefinite leave to stay in the UK, the Scottish government institutions continue with denial of my Human Rights such as the right to a fair trial and the right not to be punished for NOT breaking the law.