Bolton Crown Court
The Law Courts
Blackhorse Street
Bolton BL1 1SU
Sirs
Please find attached two further applications.
- Chapter 1 of this communication is this covering letter.
- Chapter 2 of this communication is an application to secure evidence from The Clerk to the Justices at Rochdale Magistrates Court.
- Chapter 3 of this communication is an application to secure evidence from solicitors I J Owen of Oldham.
May I ask you, please, to reply to my letters?
Yours faithfully
T Moore
Chapter 1 Page 1 of 9
APPLICATION FOR A WITNESS SUMMONS, WARRANT OR ORDER
(Criminal Procedure Rules, rule 28.4)
This is an application by the person named in section 1 for a witness summons, warrant and/or order to require the person named in section 3 to give the evidence, or produce the document described in that section.
A written application may not be required: rule 28.3(3). The court may dispense with service on the proposed witness or give directions for service on others: rules 28.4(2) and 28.5(3).
Notice to a person served with this application
If you are named in section 3 and you want to make representations to the court about this application, tell the applicant and the court office at once (at the addresses in sections 1 and 2). If this application is for the production of documents, or for evidence about information held in confidence, then unless the court otherwise directs you have 14 days from the date you receive this application to:
(A) Send written comments about the application to the court and to the
applicant without asking for a hearing; or
(B) Send written comments about the application to the court and to the
applicant and ask for a hearing.
The court may decide this application with or without a hearing (even if you ask for one). If you want to take legal advice about this application you should do so at once.
Chapter 2 Page 2 of 9
- Details of Applicant
Name
Address
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Thomas Moore
1 Pares Land Walk, Rochdale OL16 5SX.
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Prosecuting Agency
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Crown Prosecution Service, Rochdale & Bury Combined Unit, 4th Floor, Newgate House, Rochdale OL16 1XD
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- Case Details
Rochdale Magistrates Court
The Crown Court at Bolton
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Court office address
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Bolton Crown Court, The Law Courts, Blackhorse Street, Bolton BL1 1SU
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Name of Defendant
Case reference number
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Thomas Moore
0700 38570 (I think)
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Offence charged
"PH97001 - Infringing the terms of an injunction which retrains the offender from harassment."
"Between 14 March 2005 and 8 March 2007 at or within the Greater Manchester area in the County of Greater Manchester, without reasonable excuse, you created a Website slandering Sarah Branson, publishing her address and impersonated her via e-mails which you were prohibited from doing by an injunction granted by the High Court on 13 May 2005."
"Contrary to Section 3(6) and (9) of the Protection from Harassment Act 1997."
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Expected trial date
Date witness likely to be required
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Not known.
Not known.
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Chapter 2 Page 3 of 9
- Details of Application
Identity of proposed witness
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The Clerk to the Justices, Rochdale, Middleton & Heywood Magistrates Court, The Courthouse, Town Meadows, Rochdale OL16 1AR
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Name of any other people served with this application (if any): none.
What is the nature of the evidence the proposed witness can give / produce ?
An affirmed (sworn, or in a form acceptable as evidence,) account of the reasons for placing on record for the Defendant Thomas Moore, during or before March 2007, solicitors Healy Conner Mulchahy, the consequences of holding Healy Conner Mulchahy on record, and the file of correspondence between The Clerk to the Justices and Thomas Moore.
Why is that evidence likely to be material to what is in issue in the case ?
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Chapter 2 Page 4 of 9
- Time
When did the applicant become aware of the grounds for making this application?
- I discovered this application form today, 13 August 2007.
- I became aware that the Court was not going to determine my existing applications of 10 July 2007 after the hearing on 6 August 2007, and tried to appeal that decision.
- I received a letter from the Appeal Court Clerk, which seems to say he is refusing to put my appeal before the appellate Court, on 10 August 2007.
- The Appeal Court Clerk promises me a letter from the appeals clerk at Bolton Crown Court, but to date I have not received any such letter.
Explain any delay since that date
I think I have been reasonably prompt, for an unqualified litigant in person, and, if possible, but only if possible, I want to use written statements, which must surely be less costly than having a witness attend in person.
Should the Court dispute the reasonableness of my actions, would it say how and when it believes I should have acted, so I can explain why I did not?
- Declaration
The statements contained in this application are true to the best of my knowledge and belief. I make them knowing that if I have wilfully stated anything which I know to be false or do not believe to be true I shall be liable to prosecution.
I apply for the issue of a witness summons, warrant and/or order requiring the proposed witness to give the evidence and produce the document described in section 3.
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