Name: Sheriff Kinloch
Court: Livingston Sheriff Court
Defendant: David Paterson
Date: 28th March 2019
Before commencing the case in question, the Clerk of the Court asked the individual appearing if he would confirm that he was the named defendant (legal fiction), the individual confirmed that he was a living man and that he was not the legal fiction.
Sheriff Kinloch then intervened to try and establish that the individual appearing was the named legal fiction. Sheriff Kinloch was informed that the individual appearing before him was a living man and that he was there to deal with the issue at hand, the Sheriff refused to accept this.
Sheriff Kinloch then threatened the living man, stating that if he did not confirm that he was the named fiction, he would find him in contempt of court.
It was pointed out again that the individual was standing as a living man and that the fiction was a dead entity. At this point the procurator fiscal then asked for a warrant to be issued for the non-appearance of the defendant. Sheriff Kinloch then issued a warrant to arrest the living man for non-appearance and adjourned the court in the meantime while this matter was dealt with.
Note the following points:
1. The Procurator Fiscal and Sheriff Kinloch have failed to identify the defendant in the case.
2. As there had been no defendant identified, there was no case to answer.
3. The Sheriff had not established either authority or jurisdiction to deal with this issue.
4. In refusing to accept the living man before him, the Sheriff had tried to use criminal coercion to obtain the required result.
5. The behaviour used by the Sheriff was criminal and breached not only common law, but statutory law (rules) and the United Nations charter on human rights.
6. The living man who appeared, spoke to the Sheriff and answered questions, confirming that he was in attendance.
7. As ignorance of the law is not an excuse the sheriff has knowingly committed various criminal offences, against the living man and the people.
8. By issuing a warrant for the arrest of the living man, the Sheriff has confirmed that he is either incompetent and/or criminal.
9. Who pays the wages for the Procurator Fiscal and the Sheriff?
10. Do the Procurator Fiscal and Sheriff answer to the people?
- Is Sheriff Kinloch fit to sit as a Sheriff or should he be removed?
- If you appear before Sheriff Kinloch, would you allow him to hear your case? If not, you have the right to ask for another Sheriff.