An email that I posted on SSP’s internal debate list relating to the malicious prosecution I referred to on Twitter yesterday.

August 17, 2011


—– Forwarded Message —-
From: Tom Delargy <>
To: mhairi mcalpine <>
Sent: Wednesday, 29 September, 2004 14:47:33
Subject: Re: [SSP Debate] APPEAL TO ALL SSP MSPs

Hi Mhairi,
You are the first comrade to contact me. I appreciate your concern. I will contact you tomorrow to answer some of your questions. I literally have to go home now, and do not have an internet connection there.
Tommhairi mcalpine <> wrote:

Hi Tom,
Sorry to hear about all this – sounds like a nightmare.   What are you being accused of? Is it on record that you were badly hurt when the police turned up?
Do we not have lawyers in the party that could help you?  I know that Ahmed Anwar is very good, but I guess this really isn;t his area. 
Anyway, best wishes and I hope that you get the support that you need.

tomdelargy <> wrote:

Dear Tommy, Frances, Rosie, Carolyn, Colin and RosemaryYesterday morning a judge at Paisley Sheriff Court threatened to
throw me in jail until I told him I agreed with some statements read
out by him. In the circumstances, I stopped protesting my ignorance.
That judge refused to answer any of my questions about the refusal of
the court to allow me access to pertinent facts relating to the
prosecution case. Specifically, he refused to explain why he had
refused to allow my lawyers at Ross Harper (recommended by Allan
Green, but absolutely useless, from my point of view: I will be
submitting a complaint to the Law Society about their behavior)
access to the addresses of the prosecution witnesses, in order to
allow the defense team to “precognose” these witnesses. I insisted on
my right to have these witnesses precognosed in order to expose them
as non-credible, but two senior partners of Ross Harper, Richard
Freeman and a Mr Diamond refused to insist on exercising this
important right of mine.

Secondly, the judge threatened to have me thrown in irons for asking
for the contemporaneous notes of the two arresting officers. Thirdly,
he threatened to have me locked up for asking why he had refused to
allow me access to the charges against me in written form, given my
diagnosed autistic spectrum disorder, and suspected (but, as yet,
undiagnosed attention deficit disorder), which the judge is aware
makes it impossible for me to take in auditory factual information
the way most people can. I handed Richard Freeman, in the presence of
my support worker at the National Autistic Society, Ruth Langford, a
statement to be handed to the judge complaining about the refusal of
the prosecution to make reasonable arrangements due to my diagnosed
disability. Richard Freeman told me that he handed this statement to
a third lawyer at Ross Harper (who denies ever being given this
statement), and Richard Freeman and Mr Diamond refused to explain to
me why the judge refused to allow Ross Harper to permit me reasonable
access to the witness statements or the contemporaneous notes of the
arresting officers, or the crime report written by these arresting
officers. Richard Freeman (in the presence of Ruth Langford) told me
that he did not know when the lying statements read to me were
written, which I knew must be a lie. I subsequently found out (no
thanks to Richard Freeman) that the police statements were not not
written a few hours after I was arrested (on 16th March 2003), as he
told me he assumed, but eleven months later, both statements dictated
within a couple of minutes of each other.

Since the judge has threatened to throw me in jail for attempting to
ask for special arrangements to be put in place, as a consequence of
my ‘autistic spectrum disorder’, and since he has threatened to throw
me in jail for asking him why he has denied me and my previous
defense team access to the prosecution witnesses, and to have police
statements that were produced on the day of the alleged crime,
instead of eleven months after it is supposed to have taken place, I
no longer want to represent myself in court. I need legal
representation, and only have a fortnight to find such representation.

The Prosecutor Fiscal is aware that the two prosecution witnesses are
close friends of a third party who was sent to jail for sending me a
death threat. And the Procurator Fiscal is also aware that the only
reason the two arresting officers turned up to the scene of the
alleged crime was because I dialed 999 to explain that my home had
been attacked and that I had been violently assaulted: I was subject
to a thirty minute assault in my living room, by the fists of a
muscle bound thug, and his mate relied on his boots, a razor and an
iron bar: I was covered from head to foot in blood, my front teeth
were knocked out. My face was slashed. And I was kicked repeatedly in
the head and testicles. The two prosecution witnesses saw the two
thugs who assaulted me, but refused to cooperate with bringing them
to justice. The Procurator Fiscal knows that I am alleging that these
prosecution witnesses had advanced warning about that assault and
that this assault was revenge for my sending their friend to jail for
sending me a death threat.

There is a lot more to this case than what I have said so far. I
promised Eddie and Catriona that I would not dwell on most of the
details. And I will keep that promise. I do not want to focus on this
list on these events, and comrades should note that I have been
subject to repeated threats where I live for the last six years. I am
not asking for pity. And I demand that I am not dismissed as a Walter
Mittey fantacist for raising the points that I have today. But I am
asking for the party’s MSPs to help protect me from these thugs, and
against police harrasement and threats by judges simply for demanding
my constitutional rights. Frances Curran has my mobile phone number,
and I left a message on her mobile answering service last night.
Please could Frances liase with other MSPs to help me protect myself.
In my defence I will attempt to prove that these continued death
threats and the assault on 16th March 2003 and this criminal case are
all politically motivated. I have already written to the Procurator
Fiscal and told him I believe that he is conducting a malicious
prosecution. However, after yesterday’s court appearance, I know the
judge will throw me in the cells for attempting to make my case. If I
am imprisoned for any matter relating to this malicious prosecution,
I will go on hunger strike until I am proven 100% innocent.

P.S.: I do *not* want this list to focus on this thread. Any comrade
interested in my legal defense (or any other part of this post) can
email me off-list, and I will send you selected correspondance with
my lawyers, the Procurator, and others. Any expressions of solidarity
with me will be much appreciated, but preferably sent to me off-list.
On this list I would like to return to debating (in a comradely
manner) all sorts of political, organisational, strategic and
tactical questions, as I have over the years. I have only raised this
matter on this list today because time is rapidly running out before
I am thrown in jail for what I know to be a malicious prosecution,
and because I feel those party comrades who have been aware of the
substance of these events have not, thus far, offered me the support
that I think I am entitled to. I am confident that I will get that
support now.

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