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 3 Page 6 of 9

1. Details of Applicant
   
   

   Name Address	Thomas Moore 1 Pares Land Walk, Rochdale OL16 5SX.
   Prosecuting Agency	Crown Prosecution Service, Rochdale & Bury Combined Unit, 4th Floor, Newgate House, Rochdale OL16 1XD

   
   
   
   
   
   
   
   
   
2. Case Details
   
   

   Rochdale Magistrates Court The Crown Court at Bolton
   Court office address	Bolton Crown Court, The Law Courts, Blackhorse Street, Bolton BL1 1SU
   Name of Defendant Case reference number	Thomas Moore 0700 38570 (I think)
   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."
   Expected trial date Date witness likely to be required	Not known. Not known.

   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   

   Chapter 3 Page 7 of 9
   

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3. Details of Application
   
   

   Identity of proposed witness

   I J Owen, Solicitor, 9 Manchester Chambers, Oldham OL1 1LF

   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 events leading to, and his reasons for, changing his offer to represent the Defendant. Why is that evidence likely to be material to what is in issue in the case ? The Court, having not determined my applications, but ordered me to appoint solicitors without consideration of the difficulties I face, needs, at the very least a clearer idea of the problems I face when attempting to instruct solicitors. The block on my access to services, including legal services, medical services, and, inter alia, the services Members of Parliament normally give their constituents, has been and remains a pressing problem in my dealings with the Complainant, including her litigation. [ The Complainant, the Barrister Miss Sarah Branson, was an assistant to Geraint Davies, while he was a Member of Parliament. They filed a joint High Court Claim against the Defendant, Thomas Moore. ] Why would it be in the interests of justice for the court to issue a witness summons, warrant and/or order ? If the application concerns: (A) a document / documents; or (B) information apparently held in confidence about someone else, the applicant must identify the person to whom it relates and explain why s/he thinks the court should issue a witness summons despite any apparent confidentiality of the document(s) / information. I understand the Court and the Prosecution agree I need qualified legal representation. For over a decade, I have found instructing solicitors impossible. The Court ordered me to instruct fresh solicitors and suggested I consult the Citizens Advice Bureau (CAB) service. I need to show the Court what happens when I try to instruct solicitors, including Mr Ian Owen, and if required, the response of the CAB. When so appraised, I hope the Court will make effective Orders for the protection of any qualified party that does agree to represent me.

   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   

   Chapter 3 Page 8 of 9
   

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4. Time
   
   

   When did the applicant become aware of the grounds for making this application?
   
   

   1. I discovered this application form today, 13 August 2007.
      
      
   2. 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.
      
      
   3. 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.
      
      
   4. 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.
      
      
   5. I wrote to Mr Owen asking for the account I am now asking the Court to order him to produce, on 6 August 2007, 10 August 2007, 12 August 2007 and 13 August 2007. Hitherto, I have not received any response to those letters.
      
      

   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?

   
   
   
5. 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.