Description
Bill of Suspension:- The complainer was charged on a summary complaint at the instance of the respondent with indecent assault relating to an alleged incident on 5 July 2007. Following considerable procedure on 7 October 2008, the respondent's representative moved the court to adjourn a trial diet and that motion, which was opposed on behalf of the complainer, was granted by the court. In this Bill of Suspension the complainer averred that he required to apply to the Appeal Court for the suspension of what was described as a pretended interlocutor pronounced at Falkirk Sheriff Court on 7 October 2008, granting the Crown motion to adjourn the trial diet, which interlocutor was said to be unjust, erroneous and contrary to law. The complainer sought that the court should suspend the interlocutor simpliciter. A preliminary issue arose in which the court considered whether it was appropriate for the question to be disposed of by way of a Bill of Suspension or by Bill of Advocation. Thereafter, the court considered whether the sheriff adequately balanced the public interest against the interests of the complainer and whether the exercise of that discretion in favour of the respondent was flawed.
0141 553 4890
