COUNTER-SUMMONS (HEARING 6-4-04)
IN THE HIGH COURT OF
IN THE MATTER OF AN ACTION TO PUNISH FOR CRIMINAL
B E T W E E N:-
DR.MICHAEL JOHN PELLING
BROUGHT IN EXISTING PROCEEDINGS:
IN THE MATTER OF THE CHILDREN ACT 1989
AND IN THE MATTER OF FORHAD MATIN (MINOR)(b.15 MARCH 1992)
B E T W E E N:-
SUMMONS (INTERLOCUTORY): FPR 1991 & RSC 1965
LET ALL PARTIES concerned attend the
Judge in Chambers at the Royal Courts of Justice, Strand,
London WC2A 2LL on Tuesday 6 April 2004 at 1030 O'Clock, on
the hearing of an Application on the part of the Respondent
Dr Michael J.Pelling FOR THE FOLLOWING ORDERS:
0. That the Originating Summons issued by
the Attorney-General herein on 12 December 2003 be struck
out in part by the striking out of Count II(2) [publishing
the Judgment of HHJ Goldstein 21 August 1996] as a nullity,
the Court having no jurisdiction to hear this part of the
Summons, and for other fatal irregularity.
1. That the said Summons be further
struck out in part by the striking out of Count II(1)
[publishing information relating to Children Act 1989
proceedings heard in private in Matin v. Ali FD97P02101]
as disclosing no offence known to English law.
2. In regard to the preceding Order
sought appropriate directions be given for the trial of the
question of the existence of the offence as a Preliminary
Issue, the directions to ensure in particular that the Issue
be not tried by a Judge of the Family Division.
3. That the final trial of Count I
[interfering with the administration of justice in regard to
proceedings in Matin v. Ali] and of Count II(1) be
stayed pending the determination of the Application for
Leave to Appeal and of the Appeal if Leave be granted of
Abdul Matin [CA Ref.2003/1734] against the Declaration made
by the President on 17 July 2003 in Matin v. Ali that
the interests of the child Forhad Matin are not such as to
preclude the institution of proceedings for contempt against
Michael John Pelling.
4. That the application by Dr M.J.Pelling
in Matin v. Ali issued 14 July 2003, which was
adjourned generally by the President on 17 July 2003, be now
5. That the Court grant the Respondent Dr
M.J.Pelling Legal Facilities and Assistance and
Representation, or otherwise give directions in relation to
the obtaining of such Facilities and Assistance and
Representation, to guarantee the Respondent his rights under
Article 6(3)(b)(c) ECHR as now enacted by the Human Rights
6. That the Order of District Judge Angel
herein made on 12 December 2003 be set aside as made without
jurisdiction and a nullity.
7. That the Cause herein, that is to say
Family Division Case Matin v. Ali FD97P02101, be
transferred to the Queen's Bench Division.
8. That pursuant to RSC Order 32 Rule
13(1) this Interlocutory Summons be heard in Court or be
adjourned into Court to be so heard. (i.e. it should be
heard in open court)
AND THAT the Costs of the said
Application be paid by the Attorney-General to the
Respondent to be assessed summarily on an indemnity basis.
THE GROUNDS of this Application are as follows (see
in full in the attached Word Document). [Available
in PDF format 66kB]
DATED this 6th Day of January
THIS SUMMONS was taken out by the
RESPONDENT DR M.J.PELLING of 3 Avenue Road, Forest Gate,
London E7 0LA.
TO H.M. ATTORNEY-GENERAL by the Treasury
Solicitor, Queen Anne's Chambers, 28 Broadway, London SW1H
9JS (Ref.LT31338G/CPW/D1), Tel.020 7210 3282; Fax 020 7210
AND TO THE COURT.