A summons (below) was served and the case first came before a bench of three lay Magistrates who were removed and District Judge Morgan parachuted in. Steve was subsequently convicted and the Judge issued a statement which included the line that 'in signing the 1972 European Communities Act we voluntarily surrendered our sovereignty to the European Union.'
The question must be asked is what procedural advice did the Court Clerk provide to the bench in the first hearing to force them to stand down and what involvement did the court clerk have with the Department of Constitutional Affairs and Sunderland City Council?
THE SUMMONS
This was delivered to Mr Thoburn's solicitors on 6.10.00
INFORMATION has this day been laid by Colin G Langley, Director of Administration and duly authorised Officer of the Council of the City of Sunderland of Civic Centre, Sunderland, being the local weights and measures authority for the said City THAT on the fourth day of July, 2000 at The Market, Southwick, Sunderland in the County of Tyne and Wear, you did have in your possession for use for trade a non-automatic weighing machine, namely a System 30 weighing machine, serial number 190073, which did not bear a stamp indicating that it had been passed by an Inspector or approved verifier as fit for such use, which was not defaced otherwise than by reason of fair wear and tear.
CONTRARY to Section 11 (2) of the Weights and Measures Act, 1985.
YOU are hereby summoned to appear before the Magistrates' Court sitting at Gillbridge Avenue, Sunderland on Tuesday the 7th day of November 2000 at the hour of 2:00 p.m. to answer the said Information.
Clerk to the Justices for the Petty Sessional Division of Sunderland
In what appears now to be something approaching surreality of Alice in Wonderland proportions, the Clerk to the Justices, along with two other senior officials, have been suspended following allegations of fraud.
The late David Jude (the lead Magistrate on the first bench) was so incensed that he had been removed and prevented from hearing the case that he agreed to become a Trustee of the Metric Martyrs Defence Fund. Tragically he died of cancer some months later but his principled stand and sense of justice made me proud to know him.
I am sure that there will be more startling revelations to come.
Police called in to investigate allegations of fraud
Sunderland Echo
Wednesday, March 22, 2006
by Lisa Hodge
A third member of staff has been suspended from duty at Sunderland Magistrates' Court as part of a fraud investigation.
Two of the city's most senior court officials were suspended a
fter police were called in.It is understood that Sunderland Magistrates' Court chief clerk Peter Rowbottom and his deputy, Ed Cleery, are at the centre of the probe and have both been suspended pending the results of an inquiry.
It is not known yet who the third person is or what their position is in the court.
The circumstances surrounding the allegations have not been revealed, but the Department for Constitutional Affairs, which governs magistrates, has confirmed an investigation is under way.
A spokesman for the department said: "There are now three members of court staff who have been suspended from Sunderland Magistrates' Court. Police are conducting an investigation into a possible fraud at the court.
"Officers at Her Majesty's Court service are assisting police with their inquiries."
Mr Rowbottom took over as Chief Clerk to the Justices when predecessor David Yorke left more than five years ago, and Mr Cleery has advised Sunderland magistrates since the early 1990s.
The clerk is usually a barrister or solicitor appointed to assist magistrates in court.
Usually with more than five years experience, the court clerk provides advice about legal practice and procedure. The clerk does not assist the magistrate in deciding a verdict.
A Northumbria Police spokeswoman said: "Police are aware of the suspension of two people but this is not as a result of any criminal investigation by the police."
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