I have today emailed Aberdeen Sheriff Court asking that a document for my defence be lodged, as quoted below.
IN THE SHERIFF COURT OF GRAMPIAN, HIGHLAND AND ISLANDS
AT
ABERDEEN
MOTION FOR THE ACCUSED
in
Procurator Fiscal, ABERDEEN
against
ALASTAIR PETER DOW, B.Sc.(Hons)
SCS Ref: SCS/2025-003979
Local Ref: ABE/2025-000145
PF Ref: AB25000403-001
Police Ref: PSSECR53W1224
SCRO No: S129419/83N
Date lodged - 10th June 2025
Lodged by the accused representing himself
MOTION FOR THE ACCUSED
RECUSE LESLEY JOHNSTON
The Accused moves the court to recuse Sheriff Lesley Johnston from this case for the reason that she has demonstrated herself to the defence to be irreversibly prejudiced and incapable of judging this case fairly and professionally, violating her oath of office in the process, as detailed in this document.
DOCUMENT CONTENTS PAGE
TITLE PAGE 1
MOTION FOR THE ACCUSED 2
RECUSE LESLEY JOHNSTON 2
DOCUMENT CONTENTS 2
EMAIL OF 25th MARCH 2025 3
EMAIL OF 4th JUNE 2025 5
EXTRACT OF CRIMINAL MINUTE 6
ROLE OF A JUDGE 9
OATH 9
VIOLATION OF OATH 10
DID NOT WELL SERVE 10
NOT DONE RIGHT 10
LAWS DISREGARDED 11
USAGE DISREGARDED 11
FEAR 11
FAVOUR 12
ILL WILL 12
LESLEY JOHNSTON 14
EMAIL OF 25th MARCH 2025
Within hours of the hearing of 25th March 2025 at Aberdeen Sheriff Court, intended as a diet of debate on the document lodged by the defence - the “Minute for the Accused” - the Accused emailed the court’s Criminal Team, as quoted below, edited only to correct misspellings.
Dear Sir/Madam,
Copy of the case minutes for PF v Alastair Peter Dow - Sheriff Johnston's opinion for the record please
At today's (25th March 2025) diet of debate in Court 3 of Aberdeen Sheriff Court presided over by Sheriff Johnston, she stated her decision at the end of the hearing but she was speaking too quickly for me to note down what she was saying and I missed most of it, though I did note that she erroneously didn't sustain my objection.
Sheriff Johnston did explain that her decision would be noted in the minutes, the record of the case and that I could ask the sheriff clerk's office for a copy of those case minutes, which is what I am asking for in this email. Even if Sheriff Johnston's decision was completely wrong it is still of interest to me as to what actually she wrote into the case record.
I have to note that I was not impressed by Sheriff Johnston's handling of the debate diet, where she made some rather gross errors in my opinion.
Sheriff Johnston didn't want to hear me speak the word "Paki" whose use is at the heart of this case. She seemed to be prejudiced about my use of the word "Paki" in court, even when I made it clear I meant the word to refer to Pakistanis, the Pakistani diaspora or Pakistan as the case may be. The word "Paki" per se seemed to jar with her sensibilities regardless of what I meant by the word.
Sheriff Johnston insisted that facts referred to in my "Minute for the Accused" could not be considered at this stage of the proceedings which didn't seem to mesh with Sheriff Foulis's previous decision to invite me to submit an Application by Minute which, as far as I can see from the legislation, which I can quote even if I am not a lawyer, is supposed to be an application in a form which consists of a statement of facts as well as the other items.
See Act of ACT OF SEDERUNT (SHERIFF COURT ORDINARY CAUSE RULES) 1993 No.1956 (S.223)
SCHEDULE 1, Initiation and progress of causes,
https://www.legislation.gov.uk/uksi/1993/1956/madeCHAPTER 14 APPLICATIONS BY MINUTE
Form of minute
14.2. A minute to which this Chapter applies shall contain-
(a) a crave;
(b) where appropriate, a condescendence in the form of a
statement of facts supporting the crave; and
(c) where appropriate, pleas-in-law.
A prejudiced sheriff and a sheriff who is not interested in the relevant facts of a case is not a good sheriff, sorry, so I don't want Sheriff Johnston to have any more dealings with this case if that is possible?
Today's was a very unsatisfactory hearing which I don't think advanced the cause of justice one iota.
Please can the Sheriff Clerk's Office kindly email me a copy of Sheriff Johnston's decision for the record as requested.
Yours sincerely
(Alastair) Peter Dow
Etc.
EMAIL OF 4th JUNE 2025
Some 9 weeks later, after the Accused sent a reminder email to Aberdeen Sheriff Court, a reply was finally received -
Good Afternoon
Thank you for your email below. Firstly can I apologise for not responding timeously this was an oversight on my part, any I apologise for any inconvenience this has caused you. Normally the court does not provide copy of court minutes whilst a case is ongoing. However, on this occasion I have been advised that Sheriff Johnston consented to you being given a copy of the minute of proceedings for 25th March 2025. Accordingly I attach an extract copy of the minute
Regards, John Bywalec, Sheriff Clerk Depute, Aberdeen Sheriff Court
attaching a PDF file with the “Extract of Criminal Minute” as follows.
EXTRACT OF CRIMINAL MINUTE
It is the defence’s submission that the above reproduced “Extract of Criminal Minute” is mendaciously misleading as to the misconduct of the hearing of 25th March 2025 by Sheriff Johnston, as follows
With regard to -
“ready to proceed with the accused’s minute”
- the Accused made several points as regards readiness to proceed at the outset and received responses from Sheriff Johnston which negatively impacted on the defence’s readiness to proceed with Sheriff Johnston presiding in court
- The Accused intimated to Sheriff Johnston that it would take him about 45 minutes to read aloud through the 23 pages of the Accused’s print-out version of the “Minute for the Accused” which was the subject of the debate diet - to which Sheriff Johnston responded that she was not going to allow the Accused to do this.
- The Accused intimated to Sheriff Johnston that the original digital version of the “Minute for the Accused” contains links to supportive online content which the Accused would like to be able to display in court and whilst the court did have a large video monitor mounted on the court room wall, there was no provision in court that day for the Accused to use a device such as a laptop computer to cast or otherwise display the online content on the monitor, suggesting that a further debate diet or diets should be arranged to allow for this - to which Sheriff Johnston responded that she was not going to allow this.
- When the Accused first addressed the central issue of this case - uttering the word “Paki” used as a shortened form of the word “Pakistani” - Sheriff Johnston said that she was not going to allow the Accused to speak “that word” in her court and that she insisted that the Accused refer indirectly to that word as “the word”. The Accused intimated to Sheriff Johnston that she appeared to be prejudiced about the Accused’s use of the word “Paki” and so prejudiced against the defence’s arguments at the outset and therefore the Accused would be asking for Sheriff Johnston to be recused from this case. Regardless, Sheriff Johnston continued to brush the defence’s objections aside in the deluded belief and insistence that the defence was “ready to proceed” whereas in reality the defence cannot ever be ready to be railroaded by a prejudiced Sheriff such as Lesley Johnston hastily proceeding towards an unjust conclusion.
So the “Extract of Criminal Minute”, mendaciously misleads the reader by failing to note that although the Accused persevered by attempting to represent the defence arguments despite the disabling and unfair restrictions placed upon the defence by Sheriff Johnston, the defence will never be ready nor consent to Sheriff Johnston playing any further part in these proceedings.
With regard to -
“having heard from the accused in person”
- actually, that’s somewhat misleading too because the court was not allowed to hear the Accused narrating for 45 minutes or so to present the content of the “Minute for the Accused” for a more careful consideration than Sheriff Johnston’s private, in-chambers reading.
With regard to -
“there is nothing in the accused’s minute or submissions which goes to the question, in law, as to whether the charges are competent and/or relevant”
- this is misleading because the minute contains facts about the Accused’s usage of the word “Paki” and Sheriff Johnston insisted in court that “the facts could not be considered at this stage of the proceedings” so despite her protestations that she had already read the “Minute for the Accused” she had apparently not really considered the relevant facts contained therein nor would she allow the narration and concurrent consideration of the facts during the hearing.
This motion to recuse arises because the defence understands that Sheriff Johnston had at the outset, with extreme prejudice, decided that, regardless of the facts of this case, she was determined to reject the defence’s pleas and was simply railroading through the proceedings, unwilling or incapable of giving a fair hearing and/or exercising professional judgement of this case.
With regard to -
“The essence of the accused’s position is that the use of a particular term in his alleged X/twitter posts is not a racist term in the context in which it is used, and cannot amount in law to him having acted in a racially aggravated manner which caused or intended to cause alarm or distress to a person.”
- this obfuscates the essence of the Accused’s position by omitting to record the fact that the “particular term” is “Paki” and “the context in which it is used” is as a shortened form of the longer word “Pakistani”.
So the reader of the “Extract of Criminal Minute” is left none-the-wiser as to what the crux of this case actually is? Tip-toeing around the decisively important fact of the case to suit the snowflake sensibilities of Sheriff Johnston does not make for a clear and accurate record.
With regard to -
“The Sheriff having also intimated to the accused that this is not a matter relating to the competency or relevancy of the charges.”
- She is plain wrong about that because the complaints, the arrest, the charges, the prosecution and the proceedings are founded solely on the erroneous assumption or suspicion that the Accused’s use of the word “Paki” is “racist” or is prima facie evidence of “acting in a racially aggravated manner”, when in reality his use of the word “Paki” is demonstrably no such thing.
This assumption or suspicion is shown to be erroneous by the facts of this case, by the Accused’s non-racist usage of the word “Paki”. The Accused is a non-racist, indeed he is an anti-racist while simultaneously being a political critic of the Islamic Republic of Pakistan and Pakistanis, so he has cause in his political activism to use the word “Paki” as a shortened form of the word “Pakistani”.
The facts of the matter being as they are accurately stated in the “Minute for the Accused”, it is not competent nor relevant to proceed with any spurious complaint, false arrest, malicious prosecution or objectionable court proceedings founded solely on such an erroneous assumption or suspicion because his act complained about - tweeting with the word “Paki” - is not a crime.
The same objection in law would be made to a complaint about someone using the word “Aussie”, short for Australian, who was then arrested, prosecuted and appeared in court proceedings on the sole foundation that it was erroneously assumed or suspected by police, prosecutors, court officials and sheriffs that the use of the word “Aussie” is “racist” or is prima facie evidence of “acting in a racially aggravated manner”.
It is not a crime to use the word “Paki” as short for “Pakistani” for the same legal reason that it is not a crime to use the word “Aussie” as short for “Australian”. It is neither competent nor relevant to proceed with an objectionable prosecution of an act which is not a crime.
The legality of an act relates precisely to the competency and relevancy of proceedings to prosecute charges founded on the pretext of that legal act, in that it is always incompetent and irrelevant for criminal courts to prosecute a legal act.
ROLE OF A JUDGE
"The role of a judge is to interpret and apply the law without bias or prejudice." - Judiciary of Scotland, website.
OATH
Lesley Johnston's judicial oath -
“I, Lesley Johnston, do swear by Almighty God that I will well and truly serve our Sovereign King Charles the Third in the office of Sheriff, and I will do right to all manner of people after the laws and usages of this realm, without fear or favour, affection or ill will.”
VIOLATION OF OATH
Lesley Johnston has violated her oath of office, by not well and truly serving in the office of Sheriff, by doing wrong to Accused, by disregarding the laws and usages of Scotland, in fear of Pakistanis, showing favour to Pakistanis and revealing her ill will to the Accused and to the Scots and to the others whom the Accused’s political activism serves.
DID NOT WELL SERVE
Was anyone “well and truly served” by Lesley Johnston at that court hearing on 25th March 2025? The defence says that probably she did not serve anyone well but certainly she did a grave disservice to justice in the Scottish Courts, a disservice to the Scots, to the patronage of Saint Andrew and to our Lord Jesus Christ.
If such a disservice to the Scots was treacherously also a service to some other, then who might Lesley Johnston serve? The antiChrist or some other deceiver or false prophet? The Islamic prophet Mohammed, perhaps? Is she a closet Muslim or just one of Islam’s useful idiots - a dupe who does wrong to non-Muslims seeking to curry favour with Muslims?
NOT DONE RIGHT
Lesley Johnston has not done right to the Accused in Aberdeen Sheriff Court on 25th March 2025.
She did wrongfully not allow the Accused a fair hearing on that day and she demonstrated prejudice, bias and an unwillingness to hear the defence arguments at the outset of the so-called “hearing”, or rather non-hearing because she refused to hear the accused narrate for 45 minutes from the 23 pages of his print-out copy of his lodged document “Minute for the Accused” which was the subject of the debate diet.
She did wrongfully refuse to order that a further debate diet be scheduled with facilitation for the defence to display in court the supportive online content linked to from the original digital version of the “Minute for the Accused”.
With extreme prejudice, she did wrongfully repel the Accused's preliminary pleas and she did wrongfully refuse the Accused's crave to dismiss the prosecution's objectionable complaint against him and the proceedings thereon.
LAWS DISREGARDED
Lesley Johnston disregarded The Human Rights Act 1998
Lesley Johnston disregarded The Criminal Procedure (Scotland) Act 1995
USAGE DISREGARDED
Lesley Johnston disregarded the usage of the social media site X, formerly Twitter, where the customary practice is to entrust efficient moderation of the content of posts and the enforcement of site rules to the site’s owners and managers and where the police state should not overreach to interfere undemocratically with the right to freedom of expression.
FEAR
Lesley Johnston did wrong to the accused while she appeared to fear the following -
- She feared Pakistani Humza Yousaf MSP, former First Minister
- She feared Pakistani Kaukab Stewart MSP, Scottish Govt. Minister
- She feared the Scottish National Party, the governing political party in the Scottish Parliament, of which Yousaf & Stewart and many other Pakistanis are members
- Her fears of Yousaf & Stewart were relevant because both Pakistanis are named in the malicious and false charges against the Accused
- She feared Pakistani Sheriff Principal Aisha Anwar
- She feared Pakistani solicitor advocate Aamer Anwar
- Her fears of Aisha & Aamer Anwar were relevant because relevant facts about both Pakistanis are detailed in the “Minute for the Accused” which she would not allow to be narrated for the defence
- She feared risking the displeasure of those Pakistanis if she does right by the Accused
- She feared the repercussions to her from displeased and disappointed Pakistanis should she fail to pander to this objectionable prosecution
FAVOUR
Lesley Johnston did wrong to the accused while she appeared to favour the following
- She favoured the Procurator Fiscal, Aberdeen and the fiscal depute who is prosecuting this case in court
- She favoured the Islamic Republic of Pakistan and Pakistanis
- She favoured Humza Yousaf, Kaukab Stewart, Aamer Anwar, Aisha Anwar, notable members of the Pakistani diaspora in Scotland, relevant facts about whom are detailed in the “Minute for the Accused”.
ILL WILL
The Accused in the course of his political and social activism, including posting on social media, acts with good will to defend all manner of people, including the best of Pakistanis, such as Malala Yousafsai, who are the victims of Pakistani-organised violent acts of ill will.
When the Accused’s acts of goodwill, such as tweeting with the word “Paki”, are arrested, prosecuted or restricted this amounts to an act of ill will by the police and courts against those whom the Accused’s acts of goodwill towards are intended to defend.
By her prejudiced decisions in this case, Lesley Johnston has revealed her ill will to the Accused and to anyone else who uses the word "Paki" as a shortened form of the word "Pakistani", for brevity, to use a larger font size for a heading, to use otherwise as seems convenient for the purposes of clear political communication without fear or favour or to assert the legal human right of freedom of expression when it is challenged.
- She revealed ill will to the Accused’s goodwill political and social activism in Scotland
- She revealed ill will to the victims of Pakistani-organised crime & Muslim terrorism
- She revealed ill will to the victims of Pakistani-organised drug dealing & gang violence.
- She revealed ill will to the Scots, well served by the Accused’s goodwill activism of 45 years.
- She revealed ill will to educated women, gays and non-Muslims who suffer cruel and murderous acts at the hands of Islamists enforcing barbaric Sharia law.
- She revealed ill will to all manner of persons who are defended by the Accused.
LESLEY JOHNSTON
A footnote about Lesley Johnston’s legal career.
SOLICITOR ADVOCATE
“Lesley Johnston is a graduate of the University of Aberdeen (LLB (Hons) in 2007); the University of Edinburgh (Diploma in Legal Practice in 2008); and the University of Glasgow (LLM (By Research) in 2014). She qualified as a solicitor with Anderson Strathern in 2010, where she was latterly an Associate in the litigation department. Between 2013 and 2015 she was the Law Clerk to the Lord President, returning to Anderson Strathern on completion of her post. In 2016 she qualified as a Solicitor Advocate and in the same year joined Kennedys, where she was latterly a Senior Associate. Between 2017 and 2021 she also sat as a Legal Member of the First-tier Tribunal (Housing and Property Chamber).”
SHERIFF
“In 2021, Johnston was appointed as a Summary Sheriff resident in Aberdeen Sheriff Court.
On September 30, 2024, the King appointed Johnston, to the office of sheriff, on the recommendation of the First Minister John Swinney who made his recommendation for appointment on the basis of a report by the Judicial Appointments Board for Scotland.”