Outwith, but near UK
Shetland Islands Council
8 North Ness Business Park
For the attention of Jan Riise
Dear Mr. Riise,
Legal Foundation of Shetland Islands Council
You will be aware of my efforts to establish the legal basis of the authority of Scotland and the United Kingdom in Shetland. On 17th August 2011 there was, for the first time, a hearing to decide the jurisdiction of the Lerwick Sheriff Court. I challenged the jurisdiction of the court on the basis that Shetland is not part of Scotland.
Sheriff Graeme Napier decided he had jurisdiction and his decision was supported at appeal by Lord Wheatley at first sift and by Lords Eassie, Carloway and Bonomy at second sift. We can therefore be confident that we have the opinion of the highest members of the Scottish judiciary.
The only evidence produced by the Crown to support the idea that Shetland is part of Scotland was an article by Brian Smith published in the Orkney Antiquarian Journal and entitled ‘When Did Shetland Become Part of Scotland? – A contribution to the debate’. The Crown’s submission went on to attempt to establish the court’s jurisdiction with secondary arguments, but these are all dependent on Shetland being part of Scotland and can therefore be disregarded.
Mr. Smith is not learned in the legal sense, his article expresses his opinion only and does not even pretend to be an authority, subtitled as it is ‘A contribution to the debate’. As someone who has studied the question in depth for a number of years, I fundamentally disagree with the conclusion to which Mr. Smith comes and question his interpretation of the documents. His article is a document that would not be admissible as evidence in any normal court of law.
Shetland is therefore left in the position that the authority of Scotland and the United Kingdom rests upon a magazine article expressing the opinion of a non-learned person - that position being supported by the whole of the Scottish judiciary. The Crown has made its position clear and it is shown to be wanting. I submit that there is no credible evidence to show that Shetland is part of Scotland and that the only thing that keeps that fragile illusion in place is that nobody questions it. I have asked the question. No sheriff or judge should be offended at being asked to prove his jurisdiction, but in asking, I have been subjected to bullying and intimidation to the point of being held in police cells and even imprisoned. However, we now have the official answer.
As an arm of the Scottish Executive, I would suggest that the Shetland Islands Council has no real authority to represent the people of Shetland, unless we are asked to accept The Word of Brian as the ultimate truth, in which case we are living in a police state – which my treatment would indicate.
If you have a different interpretation of these facts, kindly let me know within ten days of your receipt of this letter. Failure to reply within this time will entitle me to presume that Shetland Islands Council is operating as agent of an illegal regime and will place you under personal bar preventing you from denying this in future.
I am happy to supply supporting documentation should you so require.
Stuart Hill, Sovereign without the States of Scotland or The United Kingdom
Copies to all councillors.
Here's the Reply from the SIC - apparently they were too busy with other things to worry about how they get their their authority.