Paul Beckley v. Procurator Fiscal, Greenock [2008] HCJAC74

Appeal by Bill of Suspnsion:- On 2 May 2008 at Greenock Sheriff Court in a summary trial the Crown led two police officers in evidence and the case was part heard until 20 May 2008 when two defence witnesses were heard. The complainer represented himself at trial and the presiding sheriff found him guilty of the remaining charges on the complaint. In this Bill of Suspension the complainer sought to suspend the conviction which ensued at the conclusion of the summary trial on the ground that it was a miscarriage of justice for him to have been required to conduct the trial without the benefit of legal representation. Here the court considered the circumstances surrounding how the complainer came to represent himself at trial, however, there were several significant differences between the account of events set out in the Bill of Suspension and the account contained in the sheriff's report particularly where the complainer states that he made a motion to be allowed to instruct another solicitor, and advised the sheriff that he did not wish to conduct the trial without legal representation. The sheriff, however, made no mention of any motion having been made by the complainer, but did say that the complainer stated that he did not want the case adjourned. Here the court considered which version of events were to be relied upon and whether the sheriff's refusal to adjourn the trial amounted to a miscarriage of justice.