IN THE SHERIFF COURT OF GRAMPIAN, HIGHLAND AND ISLANDS
AT
ABERDEEN
REBUTTAL FOR THE ACCUSED
WITNESS - David Fernandez
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 - 26th August 2025
Lodged by the accused representing himself
DOCUMENT CONTENTS
- TITLE PAGE
DOCUMENT CONTENTS
REBUTTAL FOR THE ACCUSED
PLAYER MIRAMONTES
SCOTSMAN HYPOCRITE
WITNESS STATEMENT
- AGAINST MUSLIMS
- MADRID BOMBING
- AFGHANISTAN
- KRISS DONALD R.I.P.
- CELTIC’S LAWYER R.I.P.
- PAKISTAN
- PAKI FIRST MINISTER
- PAKIS BY NAME
- POLITICAL BASTARDS
- SPAIN EXPELS MUSLIMS
- UNSPORTSMANLIKE
- THE HEART OF A PAKI
- MUSLIMS KILL WOMEN
- MUSLIMS KILL GAYS
- CAUSE OF FREEDOM
- UNRELIABLE WITNESS
REBUTTAL FOR THE ACCUSED
This document for the defence is produced to rebut the Crown witnesses David Fernandez, showing the unreliability of his witness statement to the police.
PLAYER MIRAMONTES
Señor David Fernández Miramontes (born 20 January 1976) is a Spanish former professional footballer, who spent most of his career in Scottish football.
The defence believes this former football player is the Crown’s witness because the disclosed witness statement has details which fit, such as the age (48) and the address (℅ Hamilton Police Station) in the correct locality for a once notable resident of Strathaven.
Precisely why this Spanish-Scotsman, 1-in-a-million using X in Scotland, from 100+ miles away, should be the only non-official to bear false witness against the Accused in this case is still something of a mystery.
The other witnesses are police officers and one witness is a Scottish Parliament official - whereas Fernandez doesn’t seem to be getting paid a salary to fit the Accused up on a false charge but has volunteered himself to give a statement to the police and has thereby catapulted himself into the prosecution team.
The Accused had not heard of Fernandez before his witness statement was disclosed to the defence but subsequently, doing due diligence, the defence has researched Fernandez online.
SCOTSMAN HYPOCRITE
"Politicians have a right to speak and mix with crowds without the risk of violence, threats or intimidation."- David Fernandez
So wrote David Fernandez for the Scotsman published in July 2024 - just a few months after Fernandez had complained to the police about the Accused’s posts on X, which complaint of his incited the police to the violence of smashing the Accused’s Aberdeen flat door in to take the Accused political prisoner for the purpose of threatening the Accused’s freedom of expression with arrest, charge and prosecution which intimidates the Accused from doing his political and social duty of care for the people as is any citizen’s right and duty in a democratic society.
It seems that Fernandez is quite the hypocrite - on the one hand writing a letter to the Scotsman seemingly supporting democratic rights for politicians while on the other hand doing the exact opposite by complaining to the police to deny democratic rights for the Accused, a political and social activist, so that the Accused is hampered from his duties of public service.
Fernandez’s witness statement shows him to be a shameless hypocrite, a liar and a fascist-wolf in liberal-sheep's clothing, a man who is evidentially an inciter of undemocratic police state violence, threats and intimidation against someone whose views he doesn’t agree with.
WITNESS STATEMENT
“Place, date & time: Witness home address 14-04-2024 at 15:12:00I am the above person and reside at the given address.I first noticed posts on Twitter in March last year made by a user - Peter Dow making comments against Muslims.”- David Fernandez
AGAINST MUSLIMS
Making informed comments against Muslims is what the Accused has a duty to do but why wouldn’t Fernandez make informed comments against Muslims himself when there is good reason to do so?
MADRID BOMBING
The defence asks if Fernandez is informed about the deadliest terrorist attack on European soil this century - the 2004 Madrid train bombings when 193 people were killed by Al-Qaeda inspired terrorists?
Will Fernandez comment against the Muslim Madrid-train-bombers now?
Is Fernandez informed about the Al-Qaeda Muslim terrorist organisation claiming responsibility and inspiring the Madrid train bombings? Will he comment against Al-Qaeda Muslims now?
Is it “racist” to comment against Muslim terrorists? It’s not “racist”, is it?
AFGHANISTAN
Is Fernandez informed about Taliban Muslims killing Spanish soldiers deployed to Afghanistan with the Coalition in the hunt for the Al-Qaeda Muslim terrorists who attacked our ally, the United States of America, on September 11th (9/11) 2001?
"Of the 35 Spanish deaths," (in Afghanistan) "17 died in August 2005 when the Eurocopter Cougar helicopter they were travelling in crashed, 13 were killed in separate attacks by insurgents, two died from natural causes, and two died in vehicle accidents. Another 62 died in a 2003 Yak-42 plane crash in Turkey on their way back to Spain from Afghanistan."
Will Fernandez comment now against Taliban Muslims killing our Coalition soldiers in Afghanistan?
"KABUL, Afghanistan (AP) - Thousands of people watched as a woman, cowering beneath a pale blue all-enveloping burqa, was shot and killed today in the first public execution of a woman in Kabul since the Taliban religious army took control three years ago.”
Is Fernandez informed that the Taliban Muslims have executed women in a sports stadium for public entertainment? Will Fernandez now comment against Taliban Muslims? Is it “racist” to comment against Taliban Muslims? It’s not “racist”, is it?
Would Fernandez comment against Muslims ever being allowed to execute Scottish women at the football grounds or other sports stadiums of Scotland?
Would Fernandez comment against the horror of Muslims ever staging a public execution of any Scot for the entertainment of a Muslim crowd? Is it “racist” to comment against Muslims executing our loved ones? It’s not “racist” is it?
KRISS DONALD R.I.P.
Is Fernandez informed about the Pakistanis who murdered Glaswegian Kriss Donald while Fernandez was a player for Celtic?
The Pakistani murderers dumped Kriss Donald’s body on the Clyde walkway behind Celtic’s Barrowfield training ground before some of the killer gang fled to the Islamic Republic of Pakistan.
Will Fernandez now comment against those Pakistani gangsters who killed Kriss Donald?
Is it “racist” to comment against Pakistani gangsters? It’s not “racist”, is it?
CELTIC’S LAWYER R.I.P.
Is Fernandez informed about how Celtic’s former lawyer the late Paul McBride QC was misled by Scottish-Pakistani lawyer Aamer Anwar to visit Pakistan where he died suddenly without any subsequent public review of any independent forensic science determination of how or why he suddenly died?
Is it “racist” to comment against those Pakistanis who failed in their duty to keep a Scottish visitor of goodwill to Pakistan safe and well? It’s not “racist” is it?
PAKISTAN
Is Fernandez informed about the Islamic Republic of Pakistan having officially but secretly hosted a military safehouse for Osama Bin Laden in Abbottabad, Pakistan, where he was hunted down by the CIA and killed by the U.S. Special Forces? (The BBC’s Panorama documentary “Secret Pakistan” (2011) reveals Pakistan’s culpability. VIDEO 4.9.1. TRANSCRIPT 4.9.2)
Is Fernandez informed about the Islamic Republic of Pakistan being a state sponsor of Islamic terrorism world-wide?
Will Fernandez comment against the Islamic Republic of Pakistan now? Is it “racist” to comment against Muslim countries like Pakistan which are state sponsors of Islamic terrorism? It’s not “racist”, is it?
PAKI FIRST MINISTER
“He started to post a lot when the First Minister, Humza Yousaf was elected.He would say derogatory comments about the first minister."HE IS A PAKI BASTARD.”- David Fernandez”
The Accused uses the word “Paki” as short for “Pakistani” which nationality Humza Yousaf claims he is.
See the Accused's video "It's not "racist" to call Humza Yousaf a "Paki"-
PAKIS BY NAME
The left-hand side of the above page of “Paki”-names & handles is reproduced magnified below.
Are dozens, maybe hundreds of people on X using “racist” language by calling themselves “Paki” (short for “Pakistani” presumably)?
They are not using “racist” language about themselves, are they?
It’s not “racist” for us to call them by the same name - “Paki” - that they gave themselves, is it?
POLITICAL BASTARDS
The accused is a politically discerning Scot, demanding a high standard of legitimacy for those appointed to the job of First Minister of Scotland but the Accused was particularly disappointed as far as Mr Yousaf was concerned, preferring to describe him as the “First Muslim” than as a legitimate “First Minister”.
The Accused writing for his blog has questioned the legitimacy of a succession of First Ministers of Scotland, of course in robust criticism of their outrageous misgovernment of policing and justice, but also in economics criticism of the failure of Mr Yousaf and Mr Swinney to secure adequate Scottish Government borrowing powers to grow the Scottish economy.
Humza Yousaf and Shona Robison agreed to a bad deal Fiscal Framework Agreement with the UK government on 2nd August 2023, wrecking the Scottish economy and impoverishing Scots.
The word “bastard” is posted a lot on X - a dozen times every minute may be typical. (Yawn.) The word “bastard” is unexceptional on X; the exception is when someone foolishly complains to the police about the use of the word on X.
SPAIN EXPELS MUSLIMS
HE AND ALL THE PAKIS SHOULD BE DEPORTED."He also said "CLOSE THE MOSQUES AND MAKE ISLAM A CRIME"- David Fernandez.
That reads like Fernandez has partially misquoted the Accused’s posts. The following accurate quotes of the Accused’s posts on X put the record straight.
Is Fernandez informed about the Explusion of the Moriscos from Spain by a decree of King Philip III in 1609? Between 1492 and 1610 alone, about three million Muslims left or were expelled from Spain.
Will Fernandez comment about the expulsion of Muslims from Spain?
Was Spain “racist” to expel the Muslims? Spain wasn’t a “racist” country for expelling the Muslims, was it?
Spain isn’t a “racist” country for not inviting or allowing the descendants of the expelled Muslims to return to Spain, is it?
UNSPORTSMANLIKE
I have tried reporting these comments to Twitter but it does not seem to have done anything about it.- David Fernandez.
X did not do anything about Fernandez’s reports of the Accused’s comments because the accused’s comments do not break any of the X site’s rules or terms of service.
Fernandez is the one who is negligent in “not seeming to have done anything” proportionate, such as using X’s feature to mute or block the accused’s account “@_Peter_Dow” so that no more of the Accused’s “@_Peter_Dow” posts would be presented to Fernandez while scrolling X.
Making a mountain out of a molehill, Fernandez has gone out of his way to do something exceptionally disproportionate - complaining to the police about democratic comments - the political equivalent of a footballer diving in the penalty box in a dishonest attempt to deceive the official to gain an unfair advantage, such as an undeserved penalty kick at goal.
David Fernandez was previously red-carded and sent-off for unsportsmanlike conduct - in 2000 playing for Airdrie and in 2009 playing for Kilmarnock.
THE HEART OF A PAKI
“On the 24th of March he said "BORN INTO ISLAM, RAISED AS A MUSLIM, THE HEART OF A PAKI".- David Fernandez.
"I felt like I had to call the police to inform them because he is saying these kinds of things everyday.”- David Fernandez.
While a million Scots on X haven’t felt any such compulsion to complain to the police about any of the accused’s 10K posts on X.
“I feel offended by all the comments that he is making.”- David Fernandez.
Fernandez seems to be an easily offended reader who refuses to choose the easy and democratic way to deal with his hurt feelings - for example, by muting or blocking the “@_Peter_Dow” account on X.
“Snowflake” is a term for someone with a tendency to have an emotional meltdown and who makes vexatious complaints for no good reason, which word “snowflake” does seem to fit Fernandez’s meltdown in this case very aptly.
"I am David Fernandez, and this is my statement in relation to the events of today provided to PC Spence on 16:12(pm) 30/6/2024.On Sunday 30th June about 1300 hours I have been scrolling X as a guest."- David Fernandez.
It is not possible to scroll X as a guest. X will always prompt you to log in with your @ handle and password so that X provides you with a custom service, allowing you to scroll through only those posts which have been pre-filtered as per your settings telling X which other accounts you have previously muted or blocked because you don’t want to read posts made from that muted or blocked account again.
“I came across a post from Peter Dow https://x.com/_Peter_Dow that was posted on June 27th ...”- David Fernandez.
So Fernandez had still not muted or blocked the “@_Peter_Dow” account so while scrolling X, Fernandez was inviting the possibility to scroll a post of “@_Peter_Dow” into view.
“... that makes reference to Aberdeen's ballot paper stating with the caption.CHOOSE YOUR SURRENDER MONKEY BECAUSE THERE'S NOT ONE OF THEM THAT WILL FIGHT FOR YOU UNLESS YOU ARE A MUSLIM WHO WANTS TO KILL WOMEN & GAYS FOR GOING AGAINST TRADITIONAL ISLAMIC VALUES. PAKIS OUT.”- David Fernandez.
MUSLIMS KILL WOMEN
MUSLIMS KILL GAYS
LGBTQ rights in Iran - Capital punishment
“That really alarmed me as I know it is not a one off from this person. I know this person resides at 21 Hollybank Place, Aberdeen.”- David Fernandez.
The evidence of Muslims killing women and gays should be alarming. It would be morally improper to be relaxed or indifferent about such barbaric cruelty.
But it would be inappropriate to be alarmed about the Accused’s actions or to fault the Accused in any way for dutifully commenting about this matter of genuine humanitarian concern.
If Fernandez is inappropriately “really alarmed” by the Accused’s comments then that is not the Accused’s problem, X’s problem, the police’s problem or the courts’ problem.
Fernandez’s irrational alarm is a problem for himself to deal with. Perhaps Fernandez should compose himself, relax, perhaps kick a football to divert himself from the stresses of reading X?
The Accused, X managers, the police, the courts all have better things to do than make a fuss over Fernandez’s irrational and unreliable witness statement.
Commenting and disagreeing with each other about the relative merits of candidates for election, as the Accused has quite properly done, is a vital part of a thriving democracy in action but is no reason for alarm.
Whereas Fernandez complaining to the police about the Accused for commenting democratically about the candidates in an election is Fernandez inciting a fascist police state attack against the democratic process.
Inciting fascism, attacking democracy is what the dictator Franco did in Spain before Fernandez was born.
Why has Fernandez aped the bad example of the old fascist Spain? Why does Fernandez not wisely follow the good example of the new democratic Spain?
CAUSE OF FREEDOM
Fernandez should learn right from wrong from The Scots Who Fought Franco - volunteers in the Spanish Civil War fighting for democracy and for the Spanish republic - fighting against the fascist dictator Franco.
The cause of freedom and anti-fascism has long been Scotland’s greatest cause. Today, Scots support the people of Ukraine resisting the fascist invasion of the Putin-misled Russian military.
Scots will dismiss Fernandez’s suggestion that the accused or anyone should ever not be allowed to discuss the relative merits of the candidates online and the policies of the parties etc. at election time.
To censor online debate around an election would be to rig that election to be even more in favour of the candidates already advantaged by support in the BBC and other mass media.
UNRELIABLE WITNESS
"I have had my statement read back to me and confirm it is true and accurate.I can identify the accused."- David Fernandez.
This document has rebutted Fernandez’s witness statement to confirm that whilst the Accused’s posts were indeed as quoted by the defence above and similarly on other occasions, Fernandez’s complaint about those posts is unnecessary, dramatic, dishonest, malicious and unsportsmanlike.
This concludes the defence’s rebuttal of the Crown’s unreliable witness David Fernandez.
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