Flying Vet challenges South Wales Police

The New Judge, His Honour Judge Harrison, to try my 1993 Garrotte/HRH Prince Charles incident, gaoled as ‘unidentifiable’, buried these 25 years, with little doubt, due to the amazing revelations within this ‘trigger’ incident for decades of police persecution  to high light the ‘short comings’ within the current Welsh judicial system.

Defending the Chief Constable for South Wales Police  in the other corner, in my multiple damages claim is, would you believe, from the very same Cardiff barrister’s  chambers as the learned judge, a Mr Lloyd Williams QC who wrote this delightful little ditty, below, for his stable-mate making a yet more observers asking me as to how much more incestuous can this trial is going to become with the delay the same ‘garrotte’ appeal, originally lodged there, in RCJ years ago, may again be tape ‘corrupted’ before Lord Justice Thomas again, no less?

Last time before His Lordship, with Patrick Cullinane Esq., the RCJ tapes of the hearing were ‘accidently on purpose’ found to be ‘corrupted’ to dash any hope of any appeal ever being returned to the HM Privy Council or ECHR, over the RCVS repeatedly, following complaint from Barry police, refusing to list my application to practice veterinary surgery being put before their disciplinary committee.

This, they all very well knew, was contrary to law (1966 Veterinary Surgeons Act etc) while a London lawyer, also jumping on the gravy-train, then charged me £20,000 just to print out a seven page legal argument for HM Privy council knowing it was to be blocked from them hearing  it, in any event……and with brexit all this deceit will flourish.

But when the stench of freemasonry is in  the air what use js there of the ‘Rule of Law’?

 

Garrotte defence skeleton argument

14 10 08 P10 MP zero tolerance shoot to kill policies

If ever there was an example of ‘devil worship’ behind Tegwyn Williams’s plight and the need for a 4th Jury trial, shortly, then, surely, this gentleman has the answers?

As my priority defence witness, with the New Zealand Williams’s and a dozen or so of both past and present Caswell clinic professionals, all will be needed to attend Cardiff Crown Court with true copy of their records between the Autumn of 2008 and my 1st Dec 2011 harassment  conviction’s appeal on 1st April 2012 when Dr Janis Hilliar was seen attacking a Caswell clinic patent even when he was on crutches, anything to prevent his giving vital evidence of my innocence throughout this damned nonsense.

Damned nonsense dreamed up by another ‘untouchable’……’shoot to kill’ policy maker in the Met, Barbara Wilding tucked up in bed, no doubt in her house in Ogmore-by-Sea.

This forth coming trial could be as much fun as the police fabricated machine-gun trial when the Chief Constable had insisted on a ‘police plant’ within the jury to daily up-date the prosecuting barrister.

‘Gundog’ , Snipe with our Gerald in DH2

Who, apart from those 8th June 09 senior police officers in Barry police station, with their respective trouser legs rolled -up at their emergency MAPPA meeting, is better suited than Paul, the now retired head of NHS (Wales), to explain things to the jury?

South Wales Police June 2009 ‘Shoot to Kill’ policy

Extract from the notes taken at the clandestine 8th June 2009 Barry police station MAPPA level 3 meeting when freemasons plotted on how to get me eliminated

But this was not what Dr Meters, at the PEH, had both heard and recorded before reporting his notes back to my own, for 25 years, Cowbridge Health Centre general practitioner to whom I had so stupidly first sought help when seeing my life was at threat. upon my machine-gun January 2010 acquittal I was banned from the Cowbridge doctor’s premises with a threat of calling the police if I came again requesting copy of my medical records.

Corruption breeds corruption as I was banned from two more medical practices in the area on the moment I asked for copy of those fabricated medical notes that were needed  for the chief constable having  me being registered amongst the top 55 most dangerous in the country, not to the general public but the Cardiff based cabal and their fat pensions.

[Unlike most readers of what I publish or you hear about, as to what I get up to, I was the best witness in Guernsey, as the partner to a brilliant veterinary surgeon. to having his veterinary practice, building and, in the end, almost his sanity stolen from him, by just the very same lying , cheating bastards that I see so successfully operating in their South Wales Cardiff patch also immune to both civil or criminal prosecutions.

10 09 27 Medical MAPPA 4 pages

With my  civil trial against the police, after years of being deliberately blocked, it was now fixed for that that summer with this judge ‘picked’ to be the ‘judge’ for it.

The civil court trial judge refused to have the case returned to Bristol

His Honour Judge Seys Llewellyn QC

This judge dismissed this ‘2nd trigger’ civil damages claim of mine denying the fact I had been goaled as ‘unidentifiable’ in Cardiff Prison! All charges had to be dropped as ridiculous with the Crown Prosecution Service refusing to entertain any of it, right in front of me in court, leaving a police inspector to do the prosecuting hearing!

This judge was told all this was witnessed by my veterinary nurse in the back of the court who  saw me writing it all down, my court exhibit under his bloody nose:

93 05 21 Garrotte mjk notes

Likewise was this newspaper cutting key exhibit of mine to show malice , also under his bloody nose, confirming the magistrates even apologised , knowing damned well I was the ‘local vet’, saying if the police do not know who I am we do not have the power to release you from custody!

(All this was discussed, prior to my prosecution for their malicious conduct, by Adrian Oliver and police other solicitors, also so jumping on the ‘gravy train’ in a clandestine meeting with Judge Seys Llewellyn QC and police QC, ?Williams, when examining my original original custody notes I was always refused

The 2013 civil court trial judge. HHJ Seys Llewellyn QC, was told by police QC (Quaintly Corrupted) I had later been released from prison  on bail at a later hearing on 3rd August and to report twice a day to Barry police station.

Utter -bollocks and they all knew it, bloody liars, the lot of them

I only was only released on 23rd July once the prison governor saw my passport and blunt letter from the Royal College of Veterinary Surgeons Kirstie had brought to the prison gates.

This judge knew, all along, my gaoling had been about a secret deal with Guernsey police to have me extradited …..for what we have never been able to confirm that, anyway, later failed as equally wicked behaviour when knowing neither Wales or Guernsey  is ever answerable to anyone for their daily deceit.

THis following quasi police interview transcript PDF is the South Wales Police’s typical  tactic when  attempting to cover up the truth on how over fifteen or so breaches, in this arrest incident, under 1984 PACE Act legislation, they had committed from the moment one or two police officers jumped on my back.

Their conduct of my arrest and gaol was illegal, in law alone, before we start to study what clumsy cover-up that then followed.

Remember,

I had been quietly walking in the park waiting for my surgery to be opened.

93 05 20 Garrotte Interview

93 05 20 BS Garrotte Transcr pt 6

16 04 28 SWP Alan James Affidavit

The police interview tape, copy belonging to me, the prisoner, unlawfully withheld for 20 years to avoid its being played in the 20013 trial, suddenly popped up in court over a year ago!

I am denied this, my property back, as it further proves multifaceted criminal conduct by so many in the Welsh judiciary machine to ruin any unsuspecting Englishman having crossed the Severn Bridge.

It is May 2017, 25 years later and still the filth are pulling every dirty trick not to allow the royal courts of Justice a reminder of what goes on in Wales and what was actually was recorded at that Cardiff police station interview.

I was never cautioned for an ‘offensive weapon’, an indictable offensc, dreamed up in their panic for having arrested me, handcuffed and locked up WITHOUT even telling me what it was about.

All the above is provable but who cares in the stench of  a Welsh court room especially when their current victim is not one of their own masonic tribe?

————————————————————————————————————————————–

http://www.bbc.co.uk/news/magazine-17272611  — Is this the common denominator?

————————————————————————————————————————————–

Eventually, with records, witnesses and memories lost, in 2013 there was a sort of trial conducted with around only half of the originally proposed two hundred witnesses , the very reason for delay.

A judgment in no way representing the facts that had occurred from 1992, when Barry police allowed my WW2 D-Day Piper Cub to be burnt out up to today, has been accepted by Their Lordships in the Royal Courts of Justice.

Working RCJ AppealWorking RCJ Appeal

(Looking for ITV news clip on You Tube following first Barry police ‘grilling’ accusing me of arson until they found our family museum of veterinary memorabilia, with the cub in the garage, was not insured either!).

Meantime, my cub refurbished:

Air Race 2001 London to Sydney – YouTube

However, Caswell Clinic staff and within the Cardiff law courts, in turn, have slipped to me internal data for ‘masonic eyes only’.

Anything to disrupt my civil damges claims against the Cardiff cabal of devil worshippers I am yet again arrested, this time for ‘attempted burglary’ but not the ‘theft of a milk bottle’ whilst attending the clinic by prior appointment…….All makings for a book, by some one, to rival Enid’s ‘Famous Five’ or some overdue JK Rowling book I have heard so much about, lately.

Both Paul Williams and Adrian Oliver could  also explain to The Recorder of Cardiff, Her Honour Judge Eleri Rees, my harassed family and friends as to why I had to be so illegally 35 sectioned under the 1983 Mental Health Act by poor old Tegwyn  who, no  doubt, was never prepared to succumb to being a freemason and also daily ‘worship the devil’.

Extract from my 2009 MAPPA/police induced police psychiatric report written under the threat of blackmail and all so easily proved had the Cardiff judiciary the ‘guts’ to stomach its obvious consequences

The Recorder of Cardiff has specifically asked for or suggested that I draft a ‘time-line’ to highlight the acts of police harassment appearing to have coincided so often, in these past 40 years, with my having to fight so many police ‘doomed from the start’ malicious prosecutions, false imprisonments that has finally ‘unhinged’ my mind.

Part of the documents in my one million pound damages claim against Professor Rodger Wood and  this other freemason of Cardiff’s judiciary and police force with the need for the fabricated  police allegations that  I was harassing Dr Tegwyn Williams.

Arrogant Wood was known the truth, all along, behind his having to fabricate medical evidence, to persuade Williams, that my brain tumour and brain damage was from having been ‘a drinking partner’ of Oliver Reed, the actor.

All concocted to have me locked away in Ashworth high security psychiatric hospital, indefinitely, to scuttle my 33 civil actions for 33 failed South Wales Police malicious prosecutions.

 

09 12 02 Transcript Crn Crt REDACTED

09 12 17 INDICTMENT T20097445

Dr Kemp’s written rebuke over Dr Tegwyn Williams unqualified report for Judge Neil Bidder QC, deliberately in my absence and  egged on by that idiot and liar, Professor Rodger Wood, simply seeking personal gratification and quite unconcerned of its consequences to both Tegwyn’s life and mine.

I wonder if Rodger would benefit with a ‘home visit’, one evening shortly, to correct his daft and erroneous  medical reports?

 

09 12 01 Medical Kemp

watch this space

SADLY, THIS IS ONLY THE BEGINNING FOR THOSE BASTARDS WHO ARE RESPONSIBLE FOR TEGWYN’S GENUINE ANGWISH AT NOT BEING ABLE TO HIDE UNTIL MY SOUTH WALES POLICE FORENSIC HISTORY IS CORRECTED

So, there you have it…..from a Dr Metter’s April 2009 set of notes from just a 10 minute consultation until I politely left the room when tumbling to the fact I was being set up to be shot.

‘Notes’ never ever disclosed to me, of course,  the proposed police mental ‘patient’.

With their ignominious collapsed machine-gun conspiracy the Chief Constable and his fellow evil brethren set about altering the Dr Meter’s notes to the following:

MAPPA Restricted

Why?  In order to double my term in prison for a further eight months from 4th July 2014 to March 2015.

16 07 29 Parole Board Particulars of Claim

 

An evil bunch , don’t you think?

 

ALL THIS DAMAGES LITIGATION HAS BEEN COMPOUNDED 10 FOLD BY THE CHIEF CONSTABLE’S 2008 FALSE AFFIDAVIT, RE CUSTODY RECORD DISCLOSURE,  COMMITING DR TEGWYN WILLIAMS TO SIGN THE FALSE CERTIFICATE TO COMMIT MAURICE KIRK TO ASHWORTH INDEFINITELY TO JUSTIFY HIS CHIEF CONSTABLE’S FABRICATED 2009 MAPPA 3/3 REGISTRAION OF THEIR VICTIM  ON THE PRETEXT OF A CAA CERTIFED  DECOMMISIONED  WW1 MACHINE GUN BEING A ‘PROHIBITED WEAPON’.

Your Ref:   2016/PI/11303

 

22^nd May 2017

 

Civil Appeals Office

Royal Courts of Justice

London WC2A 2LL

 

Dear Sir

 

MAURICE JOHN KIRK   v  Director of Public Prosecutions

 

I refer to your 8^th Nov 2016 letter enclosed with relevant documents.

I have only managed to obtain the transcript of Gilbart J’s January 2015 hearing as it took many months to finally be given permission from the Cardiff Crown Court.

I, meantime, had landed my WW2 aircraft in the middle of a war zone in South Sudan, suffering from cerebral malaria, so you are lucky or unlucky, depending on how you may see it, in receiving this my re submission of the original application as your court has suggested.

I now have the transcript enclosed but still not obtained the corrected final version, asked for, for Their Lordships as ‘typos’ corrected version is yet to be returned to me.

As summary my case was a ‘case stated’ re prison term for my arresting a prison officer before being arrested, my self, for ’entering a prison without permission’. It was and still is my belief the prison offer, Mr Rogan, refused to return my passport in order to assist the police in preventing my urgent need to return to France to recover my files in BS614159 etc against the ongoing South Wales Police damages claim for 33 failed malicious prosecutions.

[That appeal has been to you often and refused as Cardiff repeatedly refused to seal or sign it].

My application to quash that prison term follows also from the 4^{th /}8th Feb 2016 judgment in CO/4737/2014 in my favour by Lord Justice Sweeney et al in that neither Mrs Kirk nor Mr Ewing , during my criminal appeal in South Wales, were allowed to take notes on my behalf.

Newport Crown Court transcript is record of some of the other unfairness in that I was not allowed to have relevant witnesses, prison custody records, my legal papers or correct reading glasses in the court room, when stuck behind bullet proof glass without even a pencil unrepresented and without my hearing aids. I have had many a Cardiff hearing with similar abuse over the decades of perpetuating misery.

Swansea prison refused to take me to the Gilbart J January 2015 hearing, when in fact, I had been wheeled on to the prison van only to be wheeled off later. I heard, myself, the radio message from the control room. I assume the lies given to his Lordship was because the case was about a fellow HM prison officer and my many earlier successful complaints of injustice.

Full complaint procedures were ruthlessly carried out by me as names and CCTV was taken of the incident. My sister, Celia, rang the court on this before His Lordship had arisen stating exactly what had happened from my lucky prison telephone reachable from my wheelchair.

 

Yours faithfully,

Maurice J Kirk BVSc

 

12/09/14                                     Position Statement                        BS614159 etc

                                                                                                                             A20140082

Claimant/Appellant/Defendant’s Custodial Conditions pending Respective Courts

 

HM Prison Telephone Monitoring by MAPPA

1. Prisoners are subjected to police surveillance in the interests of national security.
2. In 2009/ 2014 Claimant was registered MAPPA level 3 (5% most dangerous).
3. In June 2014 Cardiff Crown Court HMP Cardiff Governor admitted prisoner’s telephone numbers had been blocked, on more than one imprisonment, following Barry police station’s MAPPA directions.
4. Crown Prosecution Service refuse to disclose depositions relating to that period as it resulted in aborted November 2012 2^nd ‘Breach of Restraining Order’ jury trial.
5. Obtains early release because move to Bristol outside South Wales Police control.
6. 2013 Cardiff Prison record confirms key witnesses, McKenzie Friend, helpers and family telephone numbers were blocked on South Wales Police orders for 3^rd trial.
7. Now Swansea Prison ‘blocked numbers’ only achieved by MAPPA induced recall to prison without access to his legal papers.

                                                                                                                   

HMP Swansea (Prisoner’s recall to custody-12^th, HMP Park’sW/E-18^th to 21st July)

 

1. 1. 14/7 Claimant’s Cardiff telephone list blocked bar one (a foreign jurisdiction).
   2. 15/7 General app (G/A) RP confirms HMP Cardiff list of no. transferred but to re submit (MAPPA intervention) as all but one are blocked (the foreign jurisdiction).
   3. 16/7 Modified Cardiff phone list re submitted to pin clerk.
   4. Days of complaint and 2^nd phone list re submitted.1^st letter to Alun Cairns MP.
   5. 17/8 27^th July LiP Summary and 17/8 9^th Aug ‘Diary Extracts’ to Independent Monitoring Board (IMB) invoked both written and visit response-handed list of five just dialled numbers to try herself (KA).19/8 COMP 2 complaint to IMB.
   6. 18/8 G/A why previous tel list ignored?       Immediate W/E breaks at HMP Park.
   7. Prisoner tel for Claimant once then his blocked submits COMP 1, S/O W explains
   8. 19/8 Supplied with tel usage list from 15^th July-copied to Alun Cairns MP & IMB

• 21/8 Head of Security (AP) COMP2 response includes:

 

‘we have not blocked any numbers on your Pin Account’, ‘I am not aware of any restrictions on your account for security reasons’, ’you have full access to all the facilities you require to contact the people you wish to’

1. This provokes AP witnessed by 046,058, 031,101&007 to say Gov EL , OMU Mr J and Mr GW “are also responsible”, – COMP1Acomplaint & 3rd letter to MP.
2. 3/9 & 4/9 prisoners (tel dialling monitored) confirm, in writing, nos. still blocked.
3. 4/9 G/A request at least to be allowed access to telephoning Cardiff courts asap.
4. Request ‘cracks it’ ( it appears repeat tactics as HMP Cardiff blocking on wing).
5. HMP now admit only one ‘helper’ allowed, the Claimant’s sister (case law) and confirmed tel lists are first ‘checked’ by officers on the wing before pin clerk.

 

1. 4/9 Claimant issued HMP laptop but no printer or stamps allowed for this to court

 

Copy to: http://www.kirkflyingvet.com                                           Maurice J Kirk BVSc

22nd May 2017 MJK email to Cardiff Crown Court

             T20170239 4th Jury Trial re Dr Tegwyn Williams Restraining Order

Following Her Ladyship, The Recorder of Cardiff’s apparent suggestion, in March 2017, that the Defendant make a ‘timeline’ document, citing apparent police harassment incidents of the accused leading up to his latest arrest:

I wish to make an application, before the Cardiff Crown Court for proper disclosure of evidence re Dr Tegwyn Williams and Dr Janis Hilliar, my proposed main defence witnesses relating to the enclosed documents.

In the light of my recently released May1993 police interview tape, when ridiculously charged for being in possession of a ‘garrotte type’ instrument, the equally remarkable finding of the CD recording of a similar farcical machine-gun jury trial T20097445 and deliberate blocking, so far, of both my Dr Tegwyn Williams civil claims CF035467  and machine gun damages claim 1CF03361, for more than eight years, I request my application is expedited unless you will allow this trial be heard in Bristol where the CPS usually send my more sensitive cases.

I am asking the Crown Prosecution Service to disclose Dr Tegwyn Williams & Dr Janis Hilliar data surrounding the 1st jury trial re falsifying my medical records, 2nd jury trial following their reporting my visiting their home, one night in June 2012, with a can of petrol and similar nonsense surrounding my false imprisonment in the Barry police station without arrest, for my 3rd jury trial, while frantic police were on the phone to lawyers persuaded, eventually, produce a Dr Tegwyn Williams victim statement to justify my, until then, unlawful imprisonment.

I am asking the CPS to also disclose to me data surrounding Dr Tegwyn Williams’ apparent breach of a high court ‘restraining order’ (a Nicholson J or possibly, Nicholas J RCJ court order) relating to myself when unlawfully held in Caswell Clinic following police blackmail.

 

1. Enclosed is 31st August 2010 police solicitor’s witness statement, from Dolmans, which is tantamount to an act of criminal conduct when reliant on Cardiff County Court’s continuing Immunity to Prosecution

 

2. The current civil trial judge, bearing in mind his refusal to disclose MAPPA minutes disclosing the police were planning to having me shot or right of appeal to England, continues to block it, for six years, far from the reality of ‘Equality of Arms’ (Article 6 ECHR).

 

3. Remember, the leaked MAPPA ‘minutes’, re having me shot, were served on this trial judge years ago, leaked to the Claimant together with HM Solicitor’s internal memos, with the Claimant now being refused the right to appeal to any higher law court on any of this disgusting behaviour.

 

4. Now the 4th Action, 7CF07345, identifying another sixty odd acts of police bullying, is expected to progress on Wednesday when even the HRH Prince of Wales/ ‘Garrotte’ offensive weapon/Claimant goaled as ‘unidentifiable’, interview tape has been court confiscated when the Claimant was never even cautioned for it in the first place!

 

5. Enclosed are machine gun cases, 1CF03361 and Dr Tegwyn Williams/Professor Rodger Wood of Swansea University 1CF03546 action also blocked because their victim was not allowed to have them heard in England.

 

6. Enclosed is Claimant’s 6^th October BS614159 Position Statement reminding the reader of the ongoing bullying by the also immune to prosecution, South Wales Police seeking autonomy.

Please, am I ever going to get CCRC document for RCJ and Strasbourg?

 

Maurice J Kirk BVSc

Tel 07708586202

www.kirkflyingvet.com

mauricejohnkirk.wordpress.com

maurice@kirkflyingvet.com

 

..FAO  Inspector Lyndon Jones re Dr Tegwyn Williams ref 1700070489

FAO  All Clerks of Cardiff Courts                                ref:T20170239/BS614159 et &1CF03361

21st May 2017

Dear Sir/Madam,

                                            Regina v Maurice John Kirk (4^th jury trial)

1. Please find enclosed my 17th Oct 2014 letter, yet to be answered by many recipients yet alone properly addressed as to its seriousness. No disclosure has flowed from it nor from some hundred or so similar such requests for even public records when ordered by a judge!

2

In the letter ‘defendant’ reads as ‘Chief Constable’ in my blocked civil cases including the ‘machine -gun’ conspiracy and garrotte ‘tape’ appeal, with the former before the RCJ and websites worldwide.

 

3. My refused ‘note-taking’/arrest of prison officer/entering a prison without permission nonsense case last year before Sweeney J et al was won causing that appeal to be back in the Cardiff’s high court but, surprise , surprise, someone is sitting on it as its evidence would affect the imminent 4th restraining order jury trial.

 

4. This 4th alleged breach of a ‘restraining order’, never served in the first place or was quashed, it appears, by the last judge in the matter was ‘dead in the water’ ‘ from the start as you cannot harass a police doctor now proven never to have been medically qualified to inform His Honour Judge Neil Bidder QC I should be locked up indefinitely in Ashworth.

 

5. Dr Tegwyn Mel Williams and any others continue to break the law in attempting to cover up the truth, when not having my medical corrected or simply expunged from the record.

 

6. This makes it my right to have reasonable cause, under the badly drafted 1997 Prevention of Harassment Act, to continue to detect or prevent crime be occasioned by so many in both south Wales and South Island, New Zealand.

 

7. I ask for this well over-due disclosure of both police and court records, relevant for my 4th jury to deliberate upon, despite South Wales Police /Cardiff courts joint excuses to hide/shred/redact/alter or bury them under police MAPPA 3/3, NHS (Wales) and PII legislation.

 

8. You lot have successfully, so far, covered up so much within my civil damages claims by blatant failed disclosure contrary to CPR, due to your quite unchecked police brutality but your time, like my own, is fast running out.

 

9..  Be rest assured my family and several of my friend from around the world, who also detest the likes of you, will take it on when I am gone.

 

10. Your 8 year blocking of the ‘machine-gun’ police conspiracy, to prevent it going public, is now blown open with this quite remarkable ‘finding’ of the 2010 jury trial CD.

 

11. This trial collapsed in judicial ridicule confirmed by 9 of the jury to my family and friends when they told the police plant on the jury after the very first day of evidence in a hilarious if not thoroughly entertaining 2 week trial, fit to rival Gilbert and Sullivan’s ‘trial by Jury’.

 

12. I request a copy of the restraining order citing Dr Tegwyn Williams as recipient of this purported court order and when, where and why by return of post, please, in order that I make an early application before the Recorder of Cardiff.

 

Thank you

 

11. I also enclose, may it assist, for those within the Principality’s Authorities, still appearing to be unaware of what is still being unlawfully covered up, a website setting out, in general terms, the evilness I have personally had to witness and suffer when simply trying to go about my business in the Vale of Glamorgan, with my family close by, as a practicing veterinary surgeon.

 

https://mauricejohnkirk.com/2017/05/21/dr-tegwyn-williams-beaches-his-own-restraining-order/

Yours most sincerely,

Maurice J Kirk BVSc

Tel 07708586202

mauricejohnkirk.wordpress.com

maurice@kirkflyingvet.com

 

 

For how many more years is it going to take before some higher authority from well outside  Wales, impervious its unique judiciary, to cause a proper investigation into the lengths some have gone, so far, in Cardiff to cover up the truth about Dr Tegwyn Williams but far more importantly, those that blackmailed him to do it?

Who else, from being locked up in Caswell Clinic or some other similar psychiatric institution, has also suffered the fabrication of his personal psychiatric reports that have now been the cause of the destruction of their health, wealth, ‘piece of mind’ but far more importantly, the loss of their family and right to work in their chosen profession?

We have had three Cardiff jury trials on this, so far , with the 4th in a few weeks time and hopefully, the 5th scheduled for a date. yet to be fixed, in 2018.. Each jury, in turn, were denied the relevant police, NHS (Wales) and court audit trails as to who  put Dr Tegwyn Williams up to it

 

This is one of the ring leaders, Professor Rodger Wood of Swansea University.

We wrote one so called ‘expert’ report, to have me incarcerated for life in Ashworth with the likes of Ian Brady, for His Honour Judge Neil Bidder Q on 2nd Dec 2009, that this so called expert also detected ‘significant brain damage, from an incorrectly done SPECT  scan  ridiculed by successive professionals ever since!

That is why Her Ladyship promised me the first 20 minutes of that clandestine Cardiff Crown Court hearing quite unaware now fellow judge Richard Thomlow has since had that critical evidence by both him and Dr Tegwyn Williams expunged from the record.

Another ring leader in the NHS (Wales) conspiracy is senior partner of Dolmans, Cardiff solicitors, an Adrian Oliver who, once assured of immunity to prosecution and that Barbara Wilding would take early retirement immediately she signed her own falsely drafted affidavit, by solicitors, in his office , Adrian was clear to personally instigate the machine-gun conspiracy coming out into the open in June 2009 by having me arrested, in effect,for attempting to ‘exchange witness statements’ at his offices that week but in public ‘trading in machine guns’ and ammunition.

Two more ring leaders.

This bent solicitor had, as long ago as 1993, been instructed by the South Wale Police to drag out my counter-claims in the civil courts for decades. This  mere ‘green light’ for the unchecked ‘gravy train’ coming trundling down Dolmans way was far to big a temptation to ignore.

None of the conspiracy could have been achieved without the significant co-operation within the Cardiff law courts, currently seeking autonomy, whose respective conduct is partly analysed in the download of the documents section, for example, in my 1990’s www.kirkflyingvet.com web site all now starting to slot together, thankfully for some persons ‘known and unknown’, who mysteriously slipped my 1993 custody ‘garrotte’ police interview tape back into open court, the ‘finding’ of the 2010 ‘machine-gun’ trial CD, when previously told it had been destroyed after 5 years.

And of course, there is still the disappearance of my civil claim files from within in the Cardiff civil Justice Centre after their travels back and forth from police offices, Dolmans and  HM Solicitor General ‘s offices when police were trying to have me registered   as a ‘vexatious litigant to block civil claims that risked their police pensions.

1993 Police interview tape revealing, as if an after thought, I was charged , without caution, being in possession of an ‘offensive weapon’ when the arresting officer had just told the custody sergeant it was similar to the embriotomy-wire seen used on his uncle’s farm with the veterinary surgeon dismembering a mummified or newly dead  calf inside a cow!

 

I often wonder if Her Ladyship, The Recorder of Cardiff, has only just become aware that Dr Tegwyn Williams has been in breach of a High Court Order on him directly to do with the very need of this convoluted  machine-gun/Caswell Clinic/MAPPA conspiracy dreamed up by Barbara Wilding in panic over her pension  and was it this that sparked off the fight between Tegwyn’s wife, Dr Janis Hilliar, in the Cardiff Crown Court now almost off the map in South Island, New Zealand.

To prevent me calling this Caswell Clinic lady doctor and in the same hearing, cross examine Dr Tegwyn Williams with the truth, another of the ring leaders, Crown Prosecutor David Gareth Evans was blocked from defending his position at this my 1st March 2012 appeal farce before HHJ Hughes.

David Gareth Evans clearly dragged into the conspiracy if he wanted any business in the Western Circuit

This later sacked CPS prosecutor still remains protected with the current Chief Constable, Robert Vaughan, as of course all he has to come ‘clean’ of his own volition.

Along with the 1st Dec 2011 clerk of the court, Michael Williams, they had unlawfully obtained my conviction of harassment and now several breaches of a restraining order never served re the chief police forensic psychiatrist for Wales

In Bristol Crown Court on oath, Mr Evans  admitted it was only a draft copy of the restraining order brought to the door of my court cell by Geoamey custody officer with the latter confirming just that before the first jury on 3rd/4th May 2012.

Remember, on 4th May 2012 this barrister, David Gareth Evans, indicated to the presiding judge, HHJ John Curran, the clerk of court’s contemporaneous records  and court log were ‘no longer available’ [as they had been now seized by the CCRC (Criminal Cases Review Commission) by my immediate request to them once I was gaoled  for the breach when never being even warned of a restraining order being in existence.

Doctored court log trying to hide all 12 court appearances , identity of court exhibits that never made it to the appeal with the  applications  from both CPS and myself . Will our current Recorder now order a proper investigation rather than allow the previously proven lying that  goes on in the IPCC (Wales branch in Cardiff) with senior police officers in their cosy South Wales Bridgend HQ.

Oops, how did I get hold of this? part of sole copy of 12 hearings redacted and over written in a botched attempt to convince the reader a restraining order was served on me by Lee Barker….that is why the 1st, 2nd and 3rd jury were refused this log or contemporaneous records made of the evidence still existence at least in November 2014 when the Bristol CPS barrister admitted the fact.

There has been so much lying since, to cover-up so many judicial indiscretions my life continues to be risk should I venture back into that zone of depravity.

Police arriving to arrest me at Birmingham’s CCRC head office, anything to prevent documentary proof of the conspiracy leaking out to the unsuspecting general public, ‘as to what actually goes on in our UK law courts’.

1st Dec 2011 Cardiff magistrate’s custody manager, Lee Barker, who told authorities there was only one visit that day to my cell with paper work and it had been  in the form of a  ‘partly’ hand written document that was never handed over to the prisoner or even read out to him!

So what do we have here ? The purported draft restraining order, still wet in the purple ink of District Judger John Charles’ fountain pen? To which arrested Gareth Evans alluded under cross examination in Bristol Crown Court? Or is this the document four guards tried to stuff down my left sock as I was being violently dragged from my cell at 1705 hours , across the floor and down the long corridor to exit of  the custody suite then to have to have both of my crutches thrown viciously on my head?

Mr Barker had returned this draft to David Gareth Evans via the clerk of the court who had been so frightened of their MAPPA 3/3 villain on crutches, due to brain damage and prison morphine over dose, it took no less than four guards to protect Lee Barker should he be so stupid as to deliver the piece of paper himself, for my perusal, rather than sliding it under the next purported restraining order was, re Musa Nigerian seven kid unlawful snatch by  Haringey Council family court conspiracy.

Remember , the Musa case , to be heard two days earlier could not have me attending to cross examine the crooked high street lawyers whose office is seen in this next photo  which is why I was then arrested with a draft or real one r/o stuffed down my left sock or not being in such bad shape I had to be wheeled out of the Cardiff magistrates in hand cuffs as the police had ordered my remaining locked up in Cardiff prison for the maximum term ……to further interfere with my right to prepare for my police civil damages claims trial , now put off for the 3rd time.

Until such time as The Recorder of Cardiff  orders the appropriate external police force enquiry, as no one else appears to have the required moral fibre to stomach its rather obvious consequences, should such a miracle occur.

 ——————————————————————————————

I almost forgot my reasoning to re iterate all the above:

Another classic police fabrication Her Ladyship wished me to list along with all the others in a time line to show the ‘over arching’ police conspiracy to pervert the course of justice by hampering my preparation for both civil and criminal trials.

Rough Copy

IN THE CARDIFF COUN1Y COURT                                                                          Case Number

BETWEEN

MAURICE JOHN KIRK                                                     Claimant

AND

THE CHIEF CONSTABE OF THE SOUTH WALES CONSTABULARY             Defendant

 

 

PARTICULARS OF CLAIM

Introduction

                                                     Delay is the deadliest form of denial

The original particulars of claim have been delayed due to the repeated arrests and imprisonments that have been later withdrawn quashed or also delayed through the courts due irregular delays in court procedure acted out in both the civil and criminal courts. This coupled with the Defendant generally refusing to disclose eligible data contrary to CPR and orders from either court.

 

1. The Defendant is and was at all material times the Chief Officer of Police of the South Wales police area. Save where is otherwise indicated, the police officers referred to hereinafter were officers of the South Wales police and were at all material times acting under his or her direction and control in the performance or purported performance of his/her functions which, inter alia, included a duty and power to stop and arrest any person that they reasonably suspected to have committed a criminal offence and a duty to fully and diligently investigate any complaint from the general public in respect of any suspected criminal offence. At all material times The Claimant was or used to be a veterinary surgeon practising in the Llantwit Major, Barry and Cardiff areas of South Wales. This claim relates to the systematic failure by The Defendant to investigate no less than twenty-four (24) complaints by The Claimant of criminal offences against property and person. In consequence, The Claimant avers there was a policy of victimisation by The Defendant with regard to The Claimant as victim of crime which amounted to misfeasance in the public office of police constable in ignoring The Claimant’s entitlement to protection under the law. In consequence, The Claimant avers that individuals within the locale in which he lived and worked anticipated that police responses to reported crimes against The Claimant were deliberately non-existent and perceived The Claimant safer to target as a consequence. This laissez-faire inertia augmented The Claimant’s losses as any crime against his property was more likely to go undetected. In consequence, The Claimant suffered loss and damage thereby.
2. On 20th July 2010 in the Cardiff Crown Court one Derrick Hassan, as a court officer, refused to allow the Claimant assistance or take delivery of court papers he knew related to civil damages claims against the South Wales Police
3. Derrick Hassan instead, at the top of a flight of stairs, assaulted the Claimant by pushing him off his walking stick and down the stairs causing the fracture of the Claimant’s right leg.
4. The Claimant made complaint to the police but was, instead, arrested and detained in custody.
5. On 2^nd November 2011, the Claimant was found guilty of ‘common assault’ despite evidence from Dr Tegwyn Williams and others, having indicated the need for an adjournment due to significant brain damage caused by a possible tumour and inability to be legally represented
6. The appeal was deliberately delayed for nearly two years in order to successfully oppose the Claimant’s applications for bail needed to prepare his continuing civil damages claims against the South Wales Police for incessant bullying.
7. The appeal was eventually transferred to Bristol Crown Court in order to limit the damaging publicity within south Wales.
8. Despite the Claimant pressing for evidence to be called the Crown Prosecution Service had had the predicted prior instructions not to oppose the claimant’s appeal as the court had already been served with various eye witnesses of the original incident.
9. Loss and DamageAs a result of the matters complained about The Claimant suffered loss of liberty, injury, anxiety, distress and inconvenience and loss and damage
10. False Imprisonment
11. PARTICULARS OF BASIC DAMAGES
12. (a) The Claimant was unlawfully arrested and then unlawfully detained for a period of over six months.
13. (b) The Claimant was charged with five offences, as detailed above, on the basis of false and malicious accounts.
14. (c) The incidents left The Claimant feeling anxious, distressed and frightened
15. PARTICULARS OF SPECIAL DAMAGE
16. See the accompanying Schedule of Loss (to follow).
17. AND THE CLAIMANT CLAIMS:

watch this space

 

THE LEAKED CASWELL CLINIC EMAIL TO TEXAS STATE PSYCHIATRIC HOSPITAL

For redactions, enclosed in this email, please insert the words Dr Tegwyn Mel Williams as he continues, eight years on, to refuse to even correct, clarify or disclose his full medical reports against me concocted for the purpose of preventing my bail from Cardiff prison

Why? To frustrate my imminent civil trial listed to be heard, that summer, by his Honour Judge Seys Llewelyn QC’

And for why? To avoid my damages prosecution case against the South Wales Police based on their first 33 failed maliciously brought prosecutions.

Cardiff Prosecutor, Richard Thomlow, used these same withheld psychiatric reports for his doctor’s recommendation, also in court in my forced absence, that I be incarcerated for life in Ashworth along with the Ian Bradys of this world.

Excuse? See para 39

Sent: Friday, October 23, 2009 11:41 AM

Subject: Fw: Psychiatric report on Maurice Kirk by Dr ****** ********

Nelson:

This Maurice Kirk is yet another who seeks justice against a specific case of blatant judicial corruption in Britain. <SNIP> Here is the sinister report by a State psychiatrist being used to silence him.

Chris

—– Forwarded Message —- From: To: Various.

Sent: Friday, October 23, 2009 4:07:49 AM Subject: RE: Psychiatric report on Maurice Kirk by Dr ****** ********. AN EXTRACT FROM THE PSYCHIATRISTS REPORT ON MAURICE KIRK.

LEGAL.

“Paragraph 32.

Maurice Kirk’s history is complex, convoluted and difficult to understand. The clinical picture appears to be of a man who has always had a background of minor cognitive difficulties, (poor writing and spelling). He developed a personality characterised by narcissism (abnormal sense of entitlement), grandiosity (believing that normal rules and regulations do not apply to him) and paranoia (believing he is the victim of persecution). He also shows evidence of poor judgement, impetuosity and a willingness to hold himself hostage by way of hunger strike in an attempt to manipulate his environment. Whilst these personality characteristics have undoubtedly overshadowed Maurice Kirk’s life, and probably had a negative effect on his social and family functioning, they appear to have been reasonably stable throughout his life. However, Maurice Kirk and the evidence both suggest that over the past two years his functioning has deteriorated and that his beliefs have become more intense and that his beliefs have become more intense and overwhelming and at times, to no others, and purely act normal. Maurice Kirk now shows clear evidence of some degree of neuro-cognitive damage (brain damage), probably as a result of a combination of normal ageing, previous heavy alcohol misuse and deceleration injuries following plane crashes. The specific area of brain damage affects his ability to monitor and control his behaviour, decreases self awareness, judgement and decision making abilities and have compounded his paranoid beliefs to the extent that when subjected to further stress, his beliefs intensify so that for periods they have a quality of paranoid delusional disorder (mental illness characterised by fixed false beliefs unamenable to reason of a paranoid nature).

“Paragraph 33.

With regard to treatment neither Maurice Kirk’s underlying personalities or brain damage will respond to medical intervention. Due to the transient nature of his clearly abnormal beliefs, as opposed to his general paranoid view of the world, it is unlikely that medication will make any significant impact, tough it is impossible to be certain. Appropriate medication has been offered to Maurice Kirk which he has refused.

“Paragraph 34.

Clinically it is unclear whether Maurice Kirk’s brain damage is likely to progress. Should it be so his difficulties will become more marked and he will become more obviously disabled. Of particular concern is that this may well involve increasing impulsivity and poor judgement, features which are already apparent. “Paragraph 35. With regard to risk, risk is always difficult to quantify especially in highly complex cases such as this and it is almost impossible to Maurice Kirk’s risk in isolation from those he encourages to act on his behalf.

The risk of Maurice Kirk continuing his action against South Wales Police and acting in a way that he feels justified to achieve his ends is high, but whether Maurice Kirk himself would be involved in inter personal violence is less, it cannot be discounted nor is the risk that others would act violently with his encouragement. If Maurice Kirk’s condition is progressive, these risks are likely to increase over time.”

CLINICAL.

“Paragraph 36.

I have been asked to give my mind to the issue as to whether or not Maurice Kirk is fit to plead and stand trial. Maurice Kirk clearly understands the nature of the charge and the significance of the plea. However, due to Maurice Kirk’s mental disorder described above, specifically his brain damage and its relationship to self awareness, judgement, decision making, self regulation of behaviour and control of emotions, combined with difficulty in organising and sequencing information, his inability to filter out relevant information and his problems with attention and concentration, his overwhelming perception of himself as being a victim of persecution by the system, all of which are clearly evident in discussions with him concerning the alleged offence, he appears unable to address a specific legal and technical area of law necessary to appropriately conduct his defence.”

“Paragraph 37.

Should Maurice Kirk be legally represented in court, I would consider him a fit person to stand trial as a legal representation would be able to focus on the relevant features.

“Paragraph 38.

Maurice Kirk’s current clinical presentation is clearly causing major problems for the criminal justice system, though is not of a nature and degree to warrant compulsory treatment. He would, however, benefit from continued contact with mental health services to both monitor his condition and attempt to establish a relationship which would allow other treatment avenues to be explored.

“Paragraph 39.

I am aware that my opinion will cause significant difficulties for the court. I am also aware of the difficulties that the court has had gaining further psychiatric evidence which to a degree is due to Maurice Kirk’s perceived ability to intimidate and threaten those who become involved in his case. Should Maurice Kirk request in patient hospital treatment.

I have concerns that a medium secure unit would not be able to provide the degree of procedural security necessary to maintain the safety of its staff, because of the confidentiality of other patients and the necessary security. Should the court wish a second opinion, they may wish to consider instructing a psychiatrist from a high security hospital to assess Maurice Kirk both as to treatment and the environment in which that treatment should take place.

I stress that the requirement for conditions of specific security are purely as a result of Maurice Kirk’s communications with the encouragement of others, rather than his clinical presentation.

“Paragraph 40.

Maurice Kirk can return to court for any disposal that the court sees fit.”

Reply

Reply to all

Forward

 

 

Now, in May 2017 and still the concocted forensic records by both Dr Tegwyn Williams & Professor Rodger Wood of Swansea University have not been disclosed by the police as they  were unlawfully used against me to have me arrested and goaled or suffer onerous bail restrictions  to try and block my civil claims against the South Wales Police for their incessant bullying.

I was unlawfully arrested and goaled:

1. in 2008 for landing in Texas on President Bush’s front lawn,  Waco prison staff informed me before being transferred to the State Psychiatric hospital

South wales Police used this nonsense story to prevent my getting bail for seven months when knowing, by obtaining the Texas medical records, there was not one jot in the ridiculous story when I had, in fact landed many miles from the President’s ranch grasping a thank you letter in my hand  for him for saving my life from the Caribbean sharks a month earlier!

2. in 2009 following the South Wales Police MAPPA/Machine-Gun Conspiracy to have me locked up for nearly eight months when there was never a hope of any conviction

 

3. in 2010 when, on no less than three occasions  concerning the Nigerian Musa six snatched children Haringey Council scandal, all based on the South Wales Police false forensic history . This was all confirmed by the Tottenham police station custody staff appearing quite bemused by the bombardment of information sent from Bridgend South Wales Police HQ, concerning their prisoner, deliberate to frustrate my preparation of civil proceedings against them

outcome:

a) arrested for alleged tape-recording in London’s family court whilst representing the Musa parents by the specific request of Lady Justice Atkinson QC—-no tape recorder was found to be in existence leading to apologies by two embarrassed police officers

b) arrested for throwing a chair through their police station glass locked door, with South Wales Police on the other end of their phone telling them to detain me unlawfully—-charged, goaled only to be later laughed out of court

c) arrested for attempting to smuggle six Nigerian children snatched by Haringey Council on the most spurious of police evidence, out of the country in my two seat WW2 General Paton spotter aircraft—-this lead to my being sectioned under the 1983 Mental Health Act based ONLY on Dr Tegwyn Williams’ 2009/2010 psychiatric reports (see London psychiatrist’s report.

As so often, in the past, all charges were dropped once they were considered by the HM Crown Prosecution Service

  

14 11 13 McKenzie Friends Assoc MUSA Pt 4

14 11 11 McKenzie Friends Assoc MUSA Pt 3

Musa14 11 10 McKenzie Friends Assoc MUSA Pt 2

14 11 06 McKenzie Friends Assoc MUSA Pt 1

4. in 2010

by South Wales Police concocting yet another malicious conviction, in my absence, despite medical and eye witness evidence contrary to that of Dr Tegwyn Williams’ only for my appeal being moved to Bristol, TWO years later and quietly going unopposed.

Why?  The CPS eventually found out the man who had pushed me down the Cardiff Crown Court steps and broken my leg was a protected HM court officer, ex police officer Derrick Hassan!

why two years delay? so police could repeatedly use the trumped up conviction to successfully oppose my applications for bail needed to prepare and preserve data for the biggest damages claim ever mounted against the welsh police.

in 2011, while at Caswell clinic police secured psychiatric hospital, despite attending with an appointment to see a doctor concerning my still withheld NHS (Wales) medical records, I was again arrested for attempted burglary, not pinching a bottle of milk, only for the CPS, when they found out about the nonsense, dropping all charges as yet another bit of police bullying to delay civil proceedings reliant again on Dr Tegwyn Williams & Professor Rodger Wood’s medical reports

5. in 2012

6′. in 2013 in France and gaoled, just before the six week civil trial against the police was due to start,  only under Dr Tegwyn Williams’ and South Wales Police concocted evidence for M of J records in which , on one page alone. there were eleven proven gross errors of fact

Only to be released with no charges or even allegations!

On my return to the UK I am detained by South Wales Police over the above picture on web site taken after a day’s wild boar hunting in our adjacent Breton forest full of wild life and scrumptious fungi!

watch this space

Judicial Reform promised!

Oh what a joke….for a UK subject fighting the corrupt welsh court system…..6 core principles, yeh, yeh, all noble stuff but don’t waste your breath in an oh so cosy environment set-up to steal money from anyone so stupid to have ever started redress for the consequences  from their bullying South Wales Police force, themselves in the pockets of their equally incestuous judiciary.

The fairy tale

manifesto_for_justicefinalmanifesto_for_justicefinal

This following statement by Mr Justice Jack QC, long ago, was my signal for ‘trouble to come’…. Decades further on now anything goes in the courts to hush up the routine behaviour  metered out in South Wales on unsuspecting visitors to the Principality.

00 01 28 BS Jack

South Wales Police are yet again being allowed to prevent this machine-gun scandal becoming public by a further court now guaranteed it delay for at least another 12 months hoping I die.

Remember, police used Dr Tegwyn Williams (their tame Chief forensic psychiatrist for Wales) to cause my being  unlawfully set-up to be shot and when that failed had me sectioned under 1983 Mental Health Act for MAPPA 3/3 registration to be amongst the top 5% most dangerous in the UK.

Cardiff cabal’s December 2009 failed conspiracy, to finally have me gaoled in Ashworth as a psychopathic villain, for life with the likes of Ian Brady, just days before the machine-gun trial, was to stop the trial, already doomed to failure.

Dangerous to whom? I was dangerous to the South Wales Police, of course, promised immunity to prosecution for losing 33 of their malicious prosecutions  against me driven purely by greed but, time and time again, proving them as congenital liars.

 

The Cardiff County Court seizure of my police custody tape, last year  and refusing to return it culminated in both police and my self seeking adjournment, last week, on the matter with neither party  aware of the current whereabouts of my tape. Never the less, abruptly blocked by Lord Justice Newy QC by refusing either an adjournment or  return my property before it is tampered with, for ‘tampered with’ it will be.

The content of the tape, if not quietly corrupted or plain destroyed, will prove the 1993 conspiracy, my being gaoled as unidentifiable, originated from Guernsey police who were encouraged in turn, in 1981, by those not forgetting the chaotic Bristol jury trial of Taunton’s Chief Superintendent ‘curly’ Hawkins’ ‘stolen’ personal note book from his office, 3rd draw down on the left (with brass broken handle).

borrowed to successfully prove in court that all fire arms allegations were as fictitious as the next daft one nearly 40 years later.

17 01 16 Dolmans delay appl 4th &amp;MG

AND now this machine-gun conspiracy investigation by civil trial is being delayed

Why?

Because the tape of machine-gun trial has not been destroyed and only needs £9,000 for it to be transcribed (without the predicted redactions?)—-dream on, Maurice.

IPCC Wales) based in Cardiff, of course, accepted the facts the Police Professional Standards purportedly investigated, set out in this letter below but is riddled with lies so easily proven :

12 06 01 SWP MG IPCC Conclusion (1) (1)

This 1993 custody interview tape is now being analysed for corruption/destruction or clever further redaction as in the police briefly made transcript.

No police officer cautioned me that night before my being questioned over a ‘garrotte type’ instrument , a piece of veterinary embriotomy wire just used on HRH Prince Charles’ welsh farm.

This 2nd ‘trigger ‘ incident (1st being the burning down, to destroy Guernsey police European court papers, of my aircraft hangar in which lived my cub) was clumsily covered up until now by my being sent to Cardiff prison as being ‘unidentifiable’ while Guernsey police were pressured to expedite my extradition for in paid parking fines or what ever.

 

 

Thankyou xx

Now how about the machine-gun trial transcript next? T20097445 all paid for via solicitor, Vincent Murphy Esq in 2014.?

On 15 May 2017 at 12:37, Stacey Hawke <shawke@appen.com> wrote:

Dear Mr Kirk,

 

Thank you for your email.

 

I have previously investigated the missing proceedings from 02.12.09 and the recording that we have has been transcribed in full.  There is nothing else that we can provide you from this audio.

 

Kind regards,

Stacey

 

Stacey Hawke

Legal and Corporate Services Team Leader

 

p: +44 1392 213958  | e: shawke@appen.com

Rockeagle House, Pynes Hill, Exeter, EX2 5AZ

Appen | www.appen.com | Visit us on Facebook

Certified: ISO 9001 & ISO 27001

 

 

From: Maurice Kirk [mailto:maurice@kirkflyingvet.com] Sent: 15 May 2017 10:24 To: Stacey Hawke

Subject: Fwd: 4th alleged Breach of Restraining Order T20170239

 

15th May 2017

 

Dear Mendip Word Wave,

 

Can you please confirm just who is not disclosing the tape recording of my first 20 minutes of a rather significant cardiff Crown Court trial trial steeped in the daily evil to which I have become accustomed?

 

———- Forwarded message ———- From: “Cardiff Crn, Court Mgr” <cardiff.crn.cm2@hmcts.gsi.gov.uk> Date: 15 May 2017 09:39 Subject: RE: 4th alleged Breach of Restraining Order T20170239 To: “Maurice Kirk” <maurice@kirkflyingvet.com> Cc:

Mr Kirk

 

It is not the case that Cardiff Crown Court are refusing to supply tapes.  In fact, since 2011 when the court transferred over to a digital recording system the court

no longer has tapes on site.  All recordings are held on a digital portal that is owned by Mendip Wordwave.

Any court recording that has been done in open Court is avaialble for transcription.

If any authorisation is required for a transcript, Mendip Wordwave will advise you to contact the court to get permission from the Judge.

You have been given authorisation from the Recorder of Cardiff.

Amanda McCaffrey

 

 

From: Maurice Kirk [mailto:maurice@kirkflyingvet.com] Sent: 15 May 2017 08:58 To: Cardiff Crn, Court Mgr Cc: wales.communications@cps.gsi.gov.uk; celia jeune Subject: Re: 4th alleged Breach of Restraining Order T20170239

 

15th May 2017

 

Dear Amanda of Cardiff Crown Court

 

You wrote, today,

 

Mr Kirk

 

You are again writing to the court applying for transcripts.  You are aware, you need to contact Mendip Wordwave.

You have been granted permission from the Recorder of Cardiff to obtain whatever transcripts you require.

Amanda McCaffrey

Delivery Manager

 

Dear Delivery Manager,

 

 

Mendip transcribers are unable to provide some crucial transcripts because Cardiff Crown Court is still refusing to supply tapes or CDs as they are far too sensitive to be made public.

 

If I register a CJSM privacy contract  will you then allow to be transcribed that what CPS prosecutor, Richard Thomlow and Dr Tegwyn Williams were saying to HHJ Neil Bidder QC in my absence whilst unrepresented?

 

eg T20097445 transcript – 2nd Dec 2009 machine-gun/MAPPA/Dr Tegwyn Williams/  police application hearing to have me locked away for life without even a trail on the evidence?

 

encl

 

On 15 May 2017 at 08:25, Cardiff Crn, Court Mgr <cardiff.crn.cm2@hmcts.gsi.gov.uk> wrote:

Mr Kirk

 

You are again writing to the court applying for transcripts.  You are aware, you need to contact Mendip Wordwave.

You have been granted permission from the Recorder of Cardiff to obtain whatever transcripts you require.

Amanda McCaffrey

Delivery Manager

Thankyou xx

Now how about the machine-gun trial transcript next? T20097445 all paid for via solicitor, Vincent Murphy Esq in 2014.?

On 15 May 2017 at 12:37, Stacey Hawke <shawke@appen.com> wrote:

Dear Mr Kirk,

 

Thank you for your email.

 

I have previously investigated the missing proceedings from 02.12.09 and the recording that we have has been transcribed in full.  There is nothing else that we can provide you from this audio.

 

Kind regards,

Stacey

 

Stacey Hawke

Legal and Corporate Services Team Leader

 

p: +44 1392 213958  | e: shawke@appen.com

Rockeagle House, Pynes Hill, Exeter, EX2 5AZ

Appen | www.appen.com | Visit us on Facebook

Certified: ISO 9001 & ISO 27001

 

 

From: Maurice Kirk [mailto:maurice@kirkflyingvet.com] Sent: 15 May 2017 10:24 To: Stacey Hawke

Subject: Fwd: 4th alleged Breach of Restraining Order T20170239

 

15th May 2017

 

Dear Mendip Word Wave,

 

Can you please confirm just who is not disclosing the tape recording of my first 20 minutes of a rather significant cardiff Crown Court trial trial steeped in the daily evil to which I have become accustomed?

 

———- Forwarded message ———- From: “Cardiff Crn, Court Mgr” <cardiff.crn.cm2@hmcts.gsi.gov.uk> Date: 15 May 2017 09:39 Subject: RE: 4th alleged Breach of Restraining Order T20170239 To: “Maurice Kirk” <maurice@kirkflyingvet.com> Cc:

Mr Kirk

 

It is not the case that Cardiff Crown Court are refusing to supply tapes.  In fact, since 2011 when the court transferred over to a digital recording system the court

no longer has tapes on site.  All recordings are held on a digital portal that is owned by Mendip Wordwave.

Any court recording that has been done in open Court is avaialble for transcription.

If any authorisation is required for a transcript, Mendip Wordwave will advise you to contact the court to get permission from the Judge.

You have been given authorisation from the Recorder of Cardiff.

Amanda McCaffrey

 

 

From: Maurice Kirk [mailto:maurice@kirkflyingvet.com] Sent: 15 May 2017 08:58 To: Cardiff Crn, Court Mgr Cc: wales.communications@cps.gsi.gov.uk; celia jeune Subject: Re: 4th alleged Breach of Restraining Order T20170239

 

15th May 2017

 

Dear Amanda of Cardiff Crown Court

 

You wrote, today,

 

Mr Kirk

 

You are again writing to the court applying for transcripts.  You are aware, you need to contact Mendip Wordwave.

You have been granted permission from the Recorder of Cardiff to obtain whatever transcripts you require.

Amanda McCaffrey

Delivery Manager

 

Dear Delivery Manager,

 

 

Mendip transcribers are unable to provide some crucial transcripts because Cardiff Crown Court is still refusing to supply tapes or CDs as they are far too sensitive to be made public.

 

If I register a CJSM privacy contract  will you then allow to be transcribed that what CPS prosecutor, Richard Thomlow and Dr Tegwyn Williams were saying to HHJ Neil Bidder QC in my absence whilst unrepresented?

 

eg T20097445 transcript – 2nd Dec 2009 machine-gun/MAPPA/Dr Tegwyn Williams/  police application hearing to have me locked away for life without even a trail on the evidence?

 

encl

 

On 15 May 2017 at 08:25, Cardiff Crn, Court Mgr <cardiff.crn.cm2@hmcts.gsi.gov.uk> wrote:

Mr Kirk

 

You are again writing to the court applying for transcripts.  You are aware, you need to contact Mendip Wordwave.

You have been granted permission from the Recorder of Cardiff to obtain whatever transcripts you require.

Amanda McCaffrey

Delivery Manager

cc

Thankyou xx

Now how about the machine-gun trial transcript next? T20097445 all paid for via solicitor, Vincent Murphy Esq in 2014.?

On 15 May 2017 at 12:37, Stacey Hawke <shawke@appen.com> wrote:

Dear Mr Kirk,

 

Thank you for your email.

 

I have previously investigated the missing proceedings from 02.12.09 and the recording that we have has been transcribed in full.  There is nothing else that we can provide you from this audio.

 

Kind regards,

Stacey

 

Stacey Hawke

Legal and Corporate Services Team Leader

 

p: +44 1392 213958  | e: shawke@appen.com

Rockeagle House, Pynes Hill, Exeter, EX2 5AZ

Appen | www.appen.com | Visit us on Facebook

Certified: ISO 9001 & ISO 27001

 

 

From: Maurice Kirk [mailto:maurice@kirkflyingvet.com] Sent: 15 May 2017 10:24 To: Stacey Hawke

Subject: Fwd: 4th alleged Breach of Restraining Order T20170239

 

15th May 2017

 

Dear Mendip Word Wave,

 

Can you please confirm just who is not disclosing the tape recording of my first 20 minutes of a rather significant cardiff Crown Court trial trial steeped in the daily evil to which I have become accustomed?

 

———- Forwarded message ———- From: “Cardiff Crn, Court Mgr” <cardiff.crn.cm2@hmcts.gsi.gov.uk> Date: 15 May 2017 09:39 Subject: RE: 4th alleged Breach of Restraining Order T20170239 To: “Maurice Kirk” <maurice@kirkflyingvet.com> Cc:

Mr Kirk

 

It is not the case that Cardiff Crown Court are refusing to supply tapes.  In fact, since 2011 when the court transferred over to a digital recording system the court

no longer has tapes on site.  All recordings are held on a digital portal that is owned by Mendip Wordwave.

Any court recording that has been done in open Court is avaialble for transcription.

If any authorisation is required for a transcript, Mendip Wordwave will advise you to contact the court to get permission from the Judge.

You have been given authorisation from the Recorder of Cardiff.

Amanda McCaffrey

 

 

From: Maurice Kirk [mailto:maurice@kirkflyingvet.com] Sent: 15 May 2017 08:58 To: Cardiff Crn, Court Mgr Cc: wales.communications@cps.gsi.gov.uk; celia jeune Subject: Re: 4th alleged Breach of Restraining Order T20170239

 

15th May 2017

 

Dear Amanda of Cardiff Crown Court

 

You wrote, today,

 

Mr Kirk

 

You are again writing to the court applying for transcripts.  You are aware, you need to contact Mendip Wordwave.

You have been granted permission from the Recorder of Cardiff to obtain whatever transcripts you require.

Amanda McCaffrey

Delivery Manager

 

Dear Delivery Manager,

 

 

Mendip transcribers are unable to provide some crucial transcripts because Cardiff Crown Court is still refusing to supply tapes or CDs as they are far too sensitive to be made public.

 

If I register a CJSM privacy contract  will you then allow to be transcribed that what CPS prosecutor, Richard Thomlow and Dr Tegwyn Williams were saying to HHJ Neil Bidder QC in my absence whilst unrepresented?

 

eg T20097445 transcript – 2nd Dec 2009 machine-gun/MAPPA/Dr Tegwyn Williams/  police application hearing to have me locked away for life without even a trail on the evidence?

 

encl

 

On 15 May 2017 at 08:25, Cardiff Crn, Court Mgr <cardiff.crn.cm2@hmcts.gsi.gov.uk> wrote:

Mr Kirk

 

You are again writing to the court applying for transcripts.  You are aware, you need to contact Mendip Wordwave.

You have been granted permission from the Recorder of Cardiff to obtain whatever transcripts you require.

Amanda McCaffrey

Delivery Manager

………………………………………………………………

 

email from Mendip Wordwave

Dear Mr Kirk,

 

Thank you for your email. 

 

I have previously investigated the missing proceedings from 02.12.09 and the recording that we have has been transcribed in full.  There is nothing else that we can provide you from this audio.

 

Kind regards,

Stacey

 

From: Maurice Kirk [mailto:maurice@kirkflyingvet.com] Sent: 14 May 2017 17:46 To: Cardiff Crn, Court Mgr Subject: Fwd: 4th alleged Breach of Restraining Order T20170239

ref T20170239

 

———- Forwarded message ———- From: Maurice Kirk <maurice@kirkflyingvet.com> Date: 14 May 2017 at 17:45 Subject: 4th alleged Breach of Restraining Order T20170239 To: wales.communications@cps.gsi.gov.uk

14th May 2017 email to CPS   re 4th jury trial T20170239

 

I apply, for the 4th jury shortly, that listed in my enclosed 30th Dec 2011 letter to Mr Dicken of CPS (Wales).

 

You may remember, Their Lordships were also denied the knowledge of the very existence, as with me in the 4th May 2012 trial, of the content of a jury note handed to His Honour Judge John Curren, in my forced absence, for relevant court records.

 

You may also remember, see Mr Justice Smales’ comment in Their Lordship’s judgment, he having no transcript or awareness the jury had ever asked and had been refused those relevant records.

 

I again apply for that transcript covering all these issues, first in the Crown Court, in my absence against my wishes and again before Lord Leveson et al on 14th March 2013. The appellate court  had been informed I was later, too late, that I had been transferred back to the prison, mid trial, for urgent medical attention owing to defence evidence having been violently been removed from my rectum.

 

Her Ladyship’s repeated orders for CPS or Cardiff courts to disclose any transcripts, at my expense, appear to have again been overlooked.

 

yours,

 

—

Maurice J Kirk BVSc

 

Tel 07708586202

 

www.kirkflyingvet.com

mauricejohnkirk.wordpress.com

maurice@kirkflyingvet.com

 

______________________________________________________________________ This email has been scanned by the Symantec Email Security.cloud service. For more information please visit http://www.symanteccloud.com ______________________________________________________________________

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—

Maurice J Kirk BVSc

 

Tel 07708586202

 

www.kirkflyingvet.com

mauricejohnkirk.wordpress.com

maurice@kirkflyingvet.com

______________________________________________________________________ This email has been scanned by the Symantec Email Security.cloud service. For more information please visit http://www.symanteccloud.com ______________________________________________________________________

This e-mail (and any attachment) is intended only for the attention of the addressee(s). Its unauthorised use, disclosure, storage or copying is not permitted. If you are not the intended recipient, please destroy all copies and inform the sender by return e-mail.

Internet e-mail is not a secure medium. Any reply to this message could be intercepted and read by someone else. Please bear that in mind when deciding whether to send material in response to this message by e-mail.

This e-mail (whether you are the sender or the recipient) may be monitored, recorded and retained by the Ministry of Justice. E-mail monitoring / blocking software may be used, and e-mail content may be read at any time. You have a responsibility to ensure laws are not broken when composing or forwarding e-mails and their contents.
—

Maurice J Kirk BVSc

Tel 07708586202

 

www.kirkflyingvet.com

mauricejohnkirk.wordpress.com

maurice@kirkflyingvet.com

Reply

Forward

 

From: Maurice Kirk [mailto:maurice@kirkflyingvet.com] Sent: 14 May 2017 17:46 To: Cardiff Crn, Court Mgr Subject: Fwd: 4th alleged Breach of Restraining Order T20170239

ref T20170239

 

———- Forwarded message ———- From: Maurice Kirk <maurice@kirkflyingvet.com> Date: 14 May 2017 at 17:45 Subject: 4th alleged Breach of Restraining Order T20170239 To: wales.communications@cps.gsi.gov.uk

14th May 2017 email to CPS   re 4th jury trial T20170239

 

I apply, for the 4th jury shortly, that listed in my enclosed 30th Dec 2011 letter to Mr Dicken of CPS (Wales).

 

You may remember, Their Lordships were also denied the knowledge of the very existence, as with me in the 4th May 2012 trial, of the content of a jury note handed to His Honour Judge John Curren, in my forced absence, for relevant court records.

 

You may also remember, see Mr Justice Smales’ comment in Their Lordship’s judgment, he having no transcript or awareness the jury had ever asked and had been refused those relevant records.

 

I again apply for that transcript covering all these issues, first in the Crown Court, in my absence against my wishes and again before Lord Leveson et al on 14th March 2013. The appellate court  had been informed I was later, too late, that I had been transferred back to the prison, mid trial, for urgent medical attention owing to defence evidence having been violently been removed from my rectum.

 

Her Ladyship’s repeated orders for CPS or Cardiff courts to disclose any transcripts, at my expense, appear to have again been overlooked.

 

yours,

 

—

Maurice J Kirk BVSc

 

Tel 07708586202

 

www.kirkflyingvet.com

mauricejohnkirk.wordpress.com

maurice@kirkflyingvet.com

 

______________________________________________________________________ This email has been scanned by the Symantec Email Security.cloud service. For more information please visit http://www.symanteccloud.com ______________________________________________________________________

This e-mail (and any attachment) is intended only for the attention of the addressee(s). Its unauthorised use, disclosure, storage or copying is not permitted. If you are not the intended recipient, please destroy all copies and inform the sender by return e-mail.

Internet e-mail is not a secure medium. Any reply to this message could be intercepted and read by someone else. Please bear that in mind when deciding whether to send material in response to this message by e-mail.

This e-mail (whether you are the sender or the recipient) may be monitored, recorded and retained by the Ministry of Justice. E-mail monitoring / blocking software may be used, and e-mail content may be read at any time. You have a responsibility to ensure laws are not broken when composing or forwarding e-mails and their contents.
—

Maurice J Kirk BVSc

 

Tel 07708586202

 

www.kirkflyingvet.com

mauricejohnkirk.wordpress.com

maurice@kirkflyingvet.com

______________________________________________________________________ This email has been scanned by the Symantec Email Security.cloud service. For more information please visit http://www.symanteccloud.com ______________________________________________________________________

This e-mail (and any attachment) is intended only for the attention of the addressee(s). Its unauthorised use, disclosure, storage or copying is not permitted. If you are not the intended recipient, please destroy all copies and inform the sender by return e-mail.

Internet e-mail is not a secure medium. Any reply to this message could be intercepted and read by someone else. Please bear that in mind when deciding whether to send material in response to this message by e-mail.

This e-mail (whether you are the sender or the recipient) may be monitored, recorded and retained by the Ministry of Justice. E-mail monitoring / blocking software may be used, and e-mail content may be read at any time. You have a responsibility to ensure laws are not broken when composing or forwarding e-mails and their contents.
—

Maurice J Kirk BVSc

Tel 07708586202

 

www.kirkflyingvet.com

mauricejohnkirk.wordpress.com

maurice@kirkflyingvet.com

Reply

Forward

 

From: Maurice Kirk [mailto:maurice@kirkflyingvet.com] Sent: 14 May 2017 17:46 To: Cardiff Crn, Court Mgr Subject: Fwd: 4th alleged Breach of Restraining Order T20170239

ref T20170239

 

———- Forwarded message ———- From: Maurice Kirk <maurice@kirkflyingvet.com> Date: 14 May 2017 at 17:45 Subject: 4th alleged Breach of Restraining Order T20170239 To: wales.communications@cps.gsi.gov.uk

14th May 2017 email to CPS   re 4th jury trial T20170239

 

I apply, for the 4th jury shortly, that listed in my enclosed 30th Dec 2011 letter to Mr Dicken of CPS (Wales).

 

You may remember, Their Lordships were also denied the knowledge of the very existence, as with me in the 4th May 2012 trial, of the content of a jury note handed to His Honour Judge John Curren, in my forced absence, for relevant court records.

 

You may also remember, see Mr Justice Smales’ comment in Their Lordship’s judgment, he having no transcript or awareness the jury had ever asked and had been refused those relevant records.

 

I again apply for that transcript covering all these issues, first in the Crown Court, in my absence against my wishes and again before Lord Leveson et al on 14th March 2013. The appellate court  had been informed I was later, too late, that I had been transferred back to the prison, mid trial, for urgent medical attention owing to defence evidence having been violently been removed from my rectum.

 

Her Ladyship’s repeated orders for CPS or Cardiff courts to disclose any transcripts, at my expense, appear to have again been overlooked.

 

yours,

 

—

Maurice J Kirk BVSc

 

Tel 07708586202

 

www.kirkflyingvet.com

mauricejohnkirk.wordpress.com

maurice@kirkflyingvet.com

 

______________________________________________________________________ This email has been scanned by the Symantec Email Security.cloud service. For more information please visit http://www.symanteccloud.com ______________________________________________________________________

This e-mail (and any attachment) is intended only for the attention of the addressee(s). Its unauthorised use, disclosure, storage or copying is not permitted. If you are not the intended recipient, please destroy all copies and inform the sender by return e-mail.

Internet e-mail is not a secure medium. Any reply to this message could be intercepted and read by someone else. Please bear that in mind when deciding whether to send material in response to this message by e-mail.

This e-mail (whether you are the sender or the recipient) may be monitored, recorded and retained by the Ministry of Justice. E-mail monitoring / blocking software may be used, and e-mail content may be read at any time. You have a responsibility to ensure laws are not broken when composing or forwarding e-mails and their contents.
—

Maurice J Kirk BVSc

 

Tel 07708586202

 

www.kirkflyingvet.com

mauricejohnkirk.wordpress.com

maurice@kirkflyingvet.com

______________________________________________________________________ This email has been scanned by the Symantec Email Security.cloud service. For more information please visit http://www.symanteccloud.com ______________________________________________________________________

This e-mail (and any attachment) is intended only for the attention of the addressee(s). Its unauthorised use, disclosure, storage or copying is not permitted. If you are not the intended recipient, please destroy all copies and inform the sender by return e-mail.

Internet e-mail is not a secure medium. Any reply to this message could be intercepted and read by someone else. Please bear that in mind when deciding whether to send material in response to this message by e-mail.

This e-mail (whether you are the sender or the recipient) may be monitored, recorded and retained by the Ministry of Justice. E-mail monitoring / blocking software may be used, and e-mail content may be read at any time. You have a responsibility to ensure laws are not broken when composing or forwarding e-mails and their contents.
—

Maurice J Kirk BVSc

Tel 07708586202

 

www.kirkflyingvet.com

mauricejohnkirk.wordpress.com

maurice@kirkflyingvet.com

Reply

Forward

9 12 1 medical Kemp

Mr Justice Leveson et al were lied to, on 14th March 2013, by those in Cardiff Crown Court withholding the 4th May 2012 jury note (1st alleged breach of a never served restraining order) when specifically asked for Cardiff magistrates records but REFUSED.

U20130110 – KIRK – All Proceedings – 14.03.13

11 01 17 GMC

13 01 27 SWP Dr MJK to Morgan Cole HHJ SL

 

 

16 07 29 Parole Board Particulars of Claim

 

Today I start drafting yet another futile appeal for the Royal Courts of Justice following my now proved warning, of a year ago, to the Cardiff County Court that if my ‘garrotte type instrument’/Prince Charles police interrogation tape was to be yet another seized and NOT returned to me then the police would again quickly destroy it or mysteriously  allow it to go ‘missing’.

Another futile application for basic disclosure of public records, this time to HM Crown Prosecution Service (Wales)……..what a joke!

17 05 13 4th RO cps

Well, yesterday, His Lordship was told just that, my tape had gone ‘missing’ but he instigated no investigation and dismissed my original application to safeguard my property originally seized first by the police and 20 years later by the trial judge without my permission…..role on brexit this sort of thing will be soon going on right across the UK with no check on any of it.

Even the police QC applied for an adjournment but did not need to attend the farce as he had obviously arranged the appeal outcome due its serious implications to his food table.

https://www.middletemple.org.uk/bencher-persons-view?cid=33915

MY Tape handed to clerk of the court where it appears to have been slipped out to the panting police for quick destruction as there has already been a judgment given without waiting for me to allow a competent court of its significance where the stench of evil in  the South Wales police force again and again being thoroughly backed by its CPS and corrupt law courts.

Well not quite, to quick, for on this occasion police solicitors  and police had already had the adequate opportunity to listen to my ‘recently found’ taped May 1993 interrogation to know I was not first cautioned, contrary to Police and Criminal Evidence Act (PACE) legislation, before I was accused for this alleged indictable offence.

With well over a quarter of a century, now,  of personal bitter experience of the day by day conduct of both South Wales Police and its so called courts of law this deliberate destruction of vital evidence was of no surprise to me and friends what so ever.

His Honour Judge Seys Llewelyn QC would also of had the chance to hear the truth, as he seized it,  as I had warned him of the consequences with it in his possession, but, just like Barbara Wilding, Chief Constable, also took early retirement some would say to avoid the proverbial hitting the fan whilst on his or her ‘watch’.

I, of course, couldn’t possible comment.

ALL RELATED TO 4th JURY TRIAL SHORTLY

12 12 30 CPS Dicken re RCJ Appeal

 

Clerk of the Court            RCJ Criminal Appeals Office & Admin Court1402428C1                                                                                                 

Crown court                                                                                 Bristol Crown Court A20140082

Small St                                                                                       Cardiff County Court   BS614159  

Bristol BS1 1DR                                                                                                             CF101741                                                                                                                                                                  CF101741 etc                                                                                                                                                  

Your ref: A20140082

31^st Oct 2014

Dear Sir,

  

19^th November 2014 Bristol Crown Court Appeal     (Arrest of Crown Prosecutor)

 

1. On the assumption that my previous letters, jointly addressed to both the Crown Court and CPS , are actually read when not replied to, then please ensure both are in possession of copies on 19^th November 2014 as MAPPA deny me photocopying most of the time.
2. Failed CPS disclosure of public records once again appears to be my problem so can your court, for a change, disclose court/custody and CPS records re:

i). Last ‘Assault’ case 1000470237 transferred to Bristol & it associated CO/4298/2011 to RCJ

1. ii) Withdrawn 2^nd ‘breach of restraining order’ Nov12 trial after proposed transfer to Bristol

iii). Harassment case 1100548564 (My 7th or 8^th letter of request, is it, before counting helpers?

1. iv) Depositions to Crown court for iii), CCTV and new MG11s since from Dr Hillier/Williams
2. v) Dr William’s Morgan & Cole/ Ewan Bright solicitors communications with all courts and CPS since early 2009 relating to MAPPA 3 category 3/harassment/ rest/order ‘breaches’/ arson threats
3. vi) DVD/CDs interrogation/exhibits plus equipment to view since June 22^nd 2009 as all relate to cross examination of Crown Prosecutor shortly. Swansea refuse facilities as per HMP Cardiff.
4. To add to previous yet unanswered requests relevant for the important appeal could CPS, please disclose, ASAP, custody records and related police records surrounding my arrest on 1^st Dec 2009 for failing to attend the MUSA Haringey Council child snatch related hearing on 28^th Nov 2011 in Highburry Corner magistrates …I wish to instruct my solicitors again for 19^th November appeal. Could I have address and telephone number?
5. Could you supply charges for Powell Spencer, Kilburn High Street solicitors who attended on 28^th Nov 11? The conviction is still on my PNC for ‘failing to attend’ only because my tunnel dig from 3^rd floor of HMP Cardiff F wing was not completed in time.
6. Could I also have the Cardiff Crown November 2010 jury trial, I was told was transferred to Bristol, following the Dr Tegwyn Williams victim statement, circa 21^st July 2010, stating the police prevented my ‘fire bombing’ his home where ever it was supposed to be
7. If I sent my court exhibits in advance could they be photocopied x 2 to save time after the case has been opened by my lawyers late on the scene. If not, by myself perhaps?
8. Can I have your assurance you really will have wheel chair access to the court this time?

Yours truly,  M J Kirk BVSc            22 Years of Police Bullying            HMP Swansea

Copy to MP, AM, RCJ, CCRC, RCVS, GMC, IMB, ABMU, CAA, IPCC, NOMS, MUM & DAD www.victim-unite.net  www.kirkflyingvet.com  www.mauricejohnkirk.wordpress.com

 

 

13^th May 2017

 

Dear Sir/Madam,

 

The Recorder of Cardiff Orders to Deliver Transcripts

 

I continue to be denied the following transcripts contrary to the apparent promise from Cardiff Crown Court.

1. Her Ladyship’s own hearing of T20097445 Nov 2009 re my gaol due to a machine gun
2. T20097445 2^nd Dec 2009 first 20 minutes still refused you by the Cardiff Crown Court
3. T20097445 January trial re machine gun and my unlawful MAPPA registration based on fabricated medical records by both Dr Tegwyn Williams & Professor Rodger Wood of Swansea University

Just for starters

Yours,

Maurice J Kirk BVSc

 

Draft Grounds–

Action 1 claim 8.6, 20 May 1993 arrest at Grand Avenue Cardiff

There can be no general immunity from suit for the police for actions which might amount to a conspiracy to injure and from misfeasance in public office

Unlawful arrest, imprisonment and malicious prosecution reliant on failed disclosure

1. The Appellant is walking in the park, waiting to start his appointments in his Cardiff veterinary surgery, just across the road, when he is jumped on from behind by one or two policemen and dragged to the ground seriously injured.

 

2. He is then arrested by PC Thomas for possibly ‘theft of his own motor cycle’ but in court, 20 years later, stating the Appellant was believed to be a mental patient.

 

3. No asking for name and address of the Appellant until in the police van much later back parked in front of his veterinary surgery.

 

4. He is further detained in the police station for ‘failing to supply name and address’ when it is evident the police had already obtained the Appellant’s name and occupation from his remonstrating angry clients right in front of gathering police officers with their other prisoner, also in hand cuffs.

 

5. The Appellant was also identified by the Guernsey police while on the pavement outside his own surgery as having purchased the BMW motor cycle off a serving Bailiwick of Guernsey police officer having read details of the vehicle off the clearly displayed tax disc.

 

6. A second telephone call, this time from PC Thomas from the police station, confirmed a conversation including, “ he goes to court dressed in Nazi uniform and there is an outstanding warrant for Mr Kirk’s arrest.”

 

7. The South Wales Police made a senior management decision to hold the Appellant in order to allow extradition to Guernsey.

 

8. So when “failure give name and address”, being the excuse for a bungled section 136 Mental Health Act 1983 attempt to secure a person liable to harm someone or himself, has no possibility of a conviction either it is substituted for ‘assault’ and ‘resisting arrest’. Bu the assault charge was not going detain the Appellant after the next day’s magistrates hearing.

 

9. Despite PC Thomas identifying the embriotomy wire in front of the Appellant , found in the motor cycle panniers along with a ‘white powder’, veterinary marked Thiopentone Sodium, the accused was then charged for ‘being in possession of an offensive weapon’.

 

10. But the real damage was yet to come: the tape had at the start identified the prisoner by full name address and date of birth.

 

11. The Appellant’s name was already in the custody records by mid afternoon but not all of the Appellant’s custody records, along with a copy tape were ever disclosed.

 

 

12. CPS upon being notified, in the morning just before court appearance pleading the prisoner could not be identified ,stamped on the ‘offensive weapon’ allegation as similarly ridiculous as all remaining were later withdrawn
13. Guernsey could not be persuaded in pressing for an extraction order
14. The Appellant’s 22^nd May 1993 letter, dictated to a nurse over a crowded prison phone, to The Royal College of Veterinary Surgeons mysteriously achieved his Monday release!
15. So, police senior management set about trying to ‘doctor’ the interview tape only supplying a much edited transcript and edited custody record.
16. Barry Inspector D Hill’s purported memo, ordering a copy of tape to be given to the Appellant is routine procedure when no intention of giving him one is the truth. The memo, incidentally, records the Appellant has never asked for a tape!
17. The Appellant, in custody, ALWAYS asks for custody records in full and usually never does get them, as in his last term of imprisonment when communications to police prior to arrest were deliberately withheld from both him and the jury.
18. Para 332 Action 1 claim 8.13 stolen motorcycle not returned of this judgment records why the police had stolen the motorcycle’s Guernsey number plate, causing so much embarrassment in both Barry and Cardiff courts, was to prevent Appellant recovery but as in both these incidents with the same BMW, simple reading of the chassis number traces the current registered owner.
19. This 8.13 incident has, by this same judge, been ‘put to the strict proof thereof’ that the 20^th May Grande Avenue police would have equally as quickly found the name of the current owner to be the Appellant bought from a policeman!
20. Appellant’s very same name and address, on arrest, was given to Grande Avenue police as was to other custody sergeants -see para 930. Action 2 claim 14-13th Dec 2000 campervan outside Cardiff County Court and para1041 Action 3 claim 4.1-13th Dec 2001 Audi Estate Car stopped Merthyr Mawr Road, Bridgend causing, on both occasions, expeditious release from custody of carrying no warning of any subsequent summons or charge. No wonder the interview tape could not be released.
21. So, who was the mysterious officer from Barry, in the dead of night, called over to successfully identify the Appellant? Where is Inspector Trigg in all this after grasping in his ‘hot and sticky’ , just minutes before the Appellant’s arrest, another letter hand delivered complaining, again that same day, of the almost day to day harassment his local veterinary surgeon was getting from his officers?
22. Was not of obvious significance that the Appellant, in custody, deliberatively used up his only allowed telephone call by choosing Inspector Trigg for proof Barry police were behind it from the start? From December 1992, when he had been accused of arson and then promptly stopped on his motor bike, just a few days later, to obtain the name of his insurance company?
23. The Appellant had no obligation to speak at any time especially after having given his name address and date of birth very early on in the incident.
24. Amongst the significant omissions, required for future courts, by the trial judge as recorded in the judgment, is that of the angry clients crowding around the Panda car holding also another prisoner. Police , including the arresting officer, were being shouted at by clients with their cats and dogs now very angry as to delay and what was being told to them.

,

 

140. Action 1 claim 8.6, 20 May 1993 arrest at Grand Avenue Cardiff. In May 1993 Mr Kirk had a veterinary surgery in Ely, Cardiff, described by police witnesses as a somewhat poor neighbourhood, a description with which elsewhere Mr Kirk did not disagree, and nor would I.

 

141. It is common ground that Mr Kirk had parked his BMW 1000cc motorcycle registered in fact in the Channel Islands under index number 1876, and was nearby, in his motorcycle leathers; that PC Phillip Thomas took interest in the motorcycle, (which he described as a valuable bike but in dirty unkempt condition); that PC Thomas checked the index number with the PNC and became aware of Mr Kirk who was looking at the motorcycle; and that having approached Mr Kirk who was walking away there came a time shortly afterwards when he arrested him. Mr Kirk was taken to Fairwater Police Station and detained; he was interviewed between 22:45 and 23:45 hours, but not released, and indeed in the morning was transferred to the Magistrates Court where the Magistrates remanded him in custody where he remained for some 4 days in prison. In the event, charges were made but later withdrawn. Thus the arrest led to important consequences for Mr Kirk.

 

142. The pleaded case is that he was arrested unlawfully in that there were no lawful reasons given to him for his arrest and detention; that the station Sergeant was aware of his identity but refused to recognise him or confirm the identity; and that he was unlawfully detained all night in the police cells until brought before Cardiff Magistrates Court the following morning when “evidence was maliciously offered by the Defendants that they could not confirm the identity of the Plaintiff”.

 

143. It further alleges that he was maliciously prosecuted [the charges being of assault with intent to resist arrest, possession of an offensive weapon, and ‘refusing to give name and address’ see A1/1.254-256] but the charges were eventually withdrawn and he was released. (Notice was sent by the CPS on 30 July 1993 of discontinuance of the assault and possession charges ‘because it is not in the public interest to proceed see A1/1.285’. Mr Kirk had it reported in the local paper).

 

Of extreme importance for the case to have proceeded ‘in the public interest’- just examine the newspaper coverage before the local welsh papers were warned off as to what was to come over the next 23 years. Fundamental legal and democratic principles denied there by allowing the police to ‘try again’ knowing they control HM Crown Prosecution Service, based in Barry police station and their own local media.

 

           

144. As to the times of alleged unlawful detention in custody, it is pleaded as being from 14:20 on 20^th May 1993 [in other words the time of his arrival in custody at Fairwater police station ] until 10:35 on 21^st May 1993 [in other words when he was remanded in custody by the Cardiff Magistrates].

 

145. The Defendant pleads that while investigating the motorcycle, and observing a hypodermic syringe and vials of drugs in the rear panniers of the motorcycle, PC Thomas observed Mr Kirk nearby wearing leather motorcycle trousers, approached him but he then started to walk away and that the officer attempted to speak to Mr Kirk but Mr Kirk

 

Were not these veterinary drugs, including found vials of ‘white powder’ not labelled?

 

146. ignored the officer “and attempted to make off. The Plaintiff then ran off, the officer gave chase. The officer eventually took hold of the Plaintiff and the two men went to the ground. The officer informed the Plaintiff that he was being arrested. He was told the reason for the arrest”.

 

147. It is further pleaded that Mr Kirk was taken to the police station where he refused to give his name or address or otherwise to identify himself and was therefore lawfully detained in custody. It is denied that the police officers maliciously prosecuted the Claimant.

 

148. Mr Kirk’s witness statement of 19^th June 2009 deals with this incident from paragraph 494 to paragraph 533. In essence, Mr Kirk states that on 20^th May 1993 he attended Barry Police Station to deliver a letter of complaint and saw Inspector “Twigg” [in fact Trigg], he himself leaving Barry Police Station on this very motorcycle. On arrival at Ely, he sat in the sun on railings but several police arrived so he walked away to avoid confrontation and his time being wasted. “The next thing I hear is someone asking questions from behind, which I ignored. The next thing I know I’m knocked to the ground and restrained with handcuffs behind my back”. Once at the police station, “I was addressed as Mr Kirk and it was obvious they knew who I was by having already made complaint on a host of matters including theft from the Ely veterinary surgery premises”.

 

149. The fact of complaints being made by Mr Kirk to the local police station is consistent with the evidence of Mr Kirk’s secretary which I note below, albeit her evidence is not precise as to the period of time concerned.

 

150. He says that there was a note attached to the charge or large day book in the custody suite which included a note that he was violent, which, he said in oral evidence, indicated to him that the police must have been in touch with the Guernsey Police. He also says that at the taped interview police again addressed him as Mr Kirk “with identity and occupation never in doubt”.

 

151. This is of some importance, in that the custody record states that he was “arrested s25 PACE”. Section 25 Police and Criminal Evidence Act provides,

 

“(1)      Where a constable has reasonable grounds for suspecting that any offence which is not an arrestable offence has been committed or attempted, or is being committed or attempted, he may arrest the relevant person if it appears to him that service of a summons is impracticable or inappropriate because any of the general arrest conditions is satisfied.

 

(2)        In this section, “the relevant person” means any person whom the constable has reasonable grounds to suspect of having committed or attempted to commit the offence or of being in the course of committing or attempting it.

 

(3)        The general arrest conditions are–

 

(a)        that the name of the relevant person is unknown to, and cannot be readily ascertained by, the constable;

(b)        that the constable has reasonable grounds for doubting whether a name furnished by the relevant person as his name is his real name;

 

(c)        that –

 

(i)                 the relevant person has failed to furnish a satisfactory address for service; or

(ii)               the constable has reasonable grounds for doubting whether an address furnished by the relevant person is a satisfactory address for service;

 

(emphasis supplied).

 

152. His case is, firstly that he was targeted by the police officers who arrested him, and secondly that in any event the police knew perfectly well his identity, and he says, his address.

 

153. In oral evidence, Mr Kirk had imperfect memory, to say the least, of various letters that he had written by way of complaint on this subject and I drew his attention to each of them. In essentially date order, they are as follows.

 

By letter of 30 June 1993 he complained of besetting attention upon him by a number of police officers on the occasion of the royal visit of Princess Diana to the area that same day but also complained of the arrest and detention of 20 May 1993, that he was subjected to 4 days in prison custody “with the police telling the Court they opposed my release as I could not be identified. My pockets contained veterinary equipment and letters from both the bank and Borough Council to me” [A1/1.284].

 

On 22 June 1993 he wrote to the clerk to the Cardiff Magistrates Court, complaining that the full custody records had been withheld from him and that he had been refused a copy of tape interview [A1/1.122G], a complaint which he was to repeat.

 

The custody tape and associated notes recorded the Appellant witnessing his name and address of residence being verified and from then, as at incident, police addressed him as ‘Mr Kirk’. His same address of residence was also found in letters in his pocket. The audit trail of paperwork identified, long after, a member of police staff at Fairwater police station, Griffiths, in possession of that tape and a ‘copy’ would be ‘sent’ to him.

 

The female officer was then over ruled when it was found the original copy, asked to be preserved by the Appellant on not receiving it as promised, contains further proof of conspiracy to pervert the course of justice and just why someone should investigate this malicious conduct, a common thread throughout all three and more Actions to come.

 

There are various letters up to a letter dated 4 April 1995 [A1/1.293]. It is unnecessary here to record the contents of each letter, but I have read and considered them: letter of 7.7.1993 [A1/1.310]; letter of 9.9.1993 [A1/1.122I]; letter of 15.12.1993 [A1/1.313]; and letter of 7.3.1995 [A1/1.291].

 

154. For convenience I note at this point the important fact that Mr Kirk had on him, when searched by the police, a letter from the Midland Bank, Guernsey Area Office, addressed to “M J Kirk Esq, BVSC MRCVS 51 Tynewydd Road, Barry”; 3 cheques variously made out by clients to the Animal Health Centre [ink stamped as payee] each of 18 May 1993; and a further letter from the valuation office addressed to the occupier “Surgery and premises, Burial Lane, Llantwit Major” [A1/1.242, 244, and 245 respectively].

 

155. In evidence in chief, Mr Kirk denied assaulting resisting or running away from the police officer, and “wished to stress” that the police officer did not ask him his name or address before arresting him: “He definitely did not ask me my name, or address, or occupation”. In cross examination, he said that when he saw two police officers [PC Thomas, and PC Beer] looking in the panniers he wondered what to do, and “assumed they knew me”. By the time he gave oral evidence himself, he was willing to accept that at that stage PC Thomas may not have known who he was. (During the course of cross-examination of PC Thomas, Mr Kirk overnight had a change of heart as to the good faith of PC Thomas at the scene itself, initially having regarded PC Thomas as someone who had targeted him but being converted to the view that at the scene PC Thomas – who had formerly been employed as a nurse – thought him someone with a problem of mental ill health who might need help).
156. In his own oral evidence, he accepted that PC Thomas ‘approached him obviously wanting to speak to him’. It was ‘possible’ that PC Thomas had said to him may I speak to you about the bike, he did not remember. He agreed that ‘he did not say a single word’. His own account was of slipping out of his jacket when the police officer caught hold of what he was wearing. It was put to him “you walked off, he took a firm hold of you, that’s when you pulled your arm out of your sleeve?”; he replied “it’s a permutation that might have happened. He caught hold of me when I was walking off. In any event you’re pretty close to what happened. I was not aggressive to him I simply wanted to get away”.

 

157. He himself describes walking so as to take “very big steps” away from the officer and agreed that he did change direction, thinking that the other officer was coming towards him. He remained very firm that PC Thomas had not asked his name and address – whether on Charteris Green (a nearby grassed area), before he was arrested, or when in handcuffs; and he did not accept that he had been asked for his name and address in the van. As to this, there is a significant question and answer in the interview, namely DC Griffiths “do you accept that you did not give your name and your address, when requested to by this officer?” Answer “Initially I did not” (A1/1.165). Asked again whether he had been asked for his name and address in the van, he said “I remember being asked, I gave my name but not my address. I’m happy I gave my name, not necessarily to this officer” (emphasis supplied).

 

158. As he had said in interview, he told me that he had not given his name at the police station, because there was no need to do so, in that police were calling him by his name, “Mr Kirk”.

 

159. The custody record provides space for record by the custody sergeant of the brief grounds for arrest reported to him by the arresting officer on his arrival at the station, here PC Thomas. This includes “on being questioned he ran away. Was apprehended a short distance away struggled. Refused to speak. M/cycle 1876 possibly stolen. Arrested s25 PACE”.

 

160. The custody record has entries from a number of officers, from whom I received witness and oral evidence. The custody sergeant on duty at 14:20 hours when Mr Kirk arrived at Fairwater Police Station was (now) retired PS Huckfield; also on custody suite duty from 14:00 to 22:00 hours was PC Donovan. PS 1846 Brown took over as custody sergeant from PS Huckfield.

 

161. The essence of those entries is that Mr Kirk refused to speak, save that an entry at 20:18 hours relates he was requesting a copy of Codes of Practice, a doctor, and that Inspector Trigg at Barry Police Station be informed as well as the duty solicitor. An entry at 20:38 is that Mr Andrew Trigg was informed, son of Inspector Trigg, but Inspector Trigg was out not expected home until about 11.00pm. The initial authorisation of detention recorded by PS Huckfield was “to obtain evidence by questioning and s25 PACE” (A1/1.211). An entry at 21:00 hours reads “Review. Detention is necessary to (1) further enquiries in relation to his lawful possession of the BMW motorcycle. At present enquiries have not established whether it is lawful possession or not (2) for evidence to be obtained by questioning; in order to prove his involvement or disprove his involvement in relation to the incident; (3) to establish his identity. At present enquiries are ongoing in relation to this”.

 

Utter nonsense – Neither Inspector Trigg was ever attempted to be contacted before magistrates hearing, next day, nor was an independent solicitor either provided (both fundamental under PACE) whilst their victim was in overnight police cells and repeated in magistrates cells.

 

NB As in almost all 30 odd incidents had the full police/CPS/court records, all under the control of the police, been disclosed, as asked for, to the Appellant ‘settlement out of court’ would of been sorted more than a decade ago but greed driven conduct, for both legal fees and police pensions, here in South Wales, appears to reign supreme.

 

Name and address was given and already known but not only unlawfully arrested it was compounded by detention for the theft of a police officer’s motorcycle police already been established, BEFORE PRISONER INTERVIEW confirming, later, that the BMW had been bought from a Guernsey police officer, the son of George Farnham, the well known composer.

 

162. For completeness, I record that Mr (then PC 3202) Paines gave a witness statement of 17 July 2008 and gave oral evidence. He had been informed that in a witness statement PC Thomas identified him as assisting in checking the motorcycle; he had no memory of it then. Likewise DS 1978 Powell, of the stolen vehicle squad, gave a witness statement (of 13.10.2003) that he would on that day have carried out a physical examination of the vehicle but the mere fact that the motorcycle was displaying a non standard UK registration number would have led him to believe that it may have been registered outside the UK, and he would have passed any stamped vehicle identification number to the investigating officer in order for him to continue enquiries (A1/1.192).

 

163. At the police station Mr Kirk was interviewed at 10.55pm (A1/1.158). He told me, “What I remember during the interview is my name and address were clear to everyone including the duty solicitor. It would have been a Tynewydd Road address, either 51-53 Tynewydd Road the veterinary complex, or 52 Tynewydd Road which is where I spent some of my nights at the time”. There is a police record of tape recorded interview starting at 10:55pm and concluding at 11:40pm (A1/1.158 to 191). I refer to it below.

 

164. In cross examination he adhered to his account that he had been addressed by the police as Maurice Kirk, saying that this was so throughout most of his custody from about 2:30 that afternoon until about 8:20. He did not dissent from the proposition that to those dealing with his custody, and even the doctor who attended him, he had not volunteered or disclosed his address. He was inclined to agree he had said very little to those who approached him during the time he was in custody, other than in interview. Illustratively, his detention was reviewed at 21.00 by Acting Inspector Crutcher, who wrote in the custody record “throughout the review he was sat down with his head dropped forward. He did not utter a word”; Mr Kirk told me that he could not deny, or confirm, the truth of this entry.

 

165. It is a further part of his written and oral evidence that during the afternoon when he was in the police cell, somebody came to the grille, looked in, and identified him by name to another. I note he said the same thing in interview that same evening, putting the time as about 4.00pm, ‘because of the amount of light coming in to the cell’. I further note that there is a printout of enquiry of the PNC on 20.05.93, timed at 16:17, not the subject of questions by either side to any police officer, but identifying him by full name and date of birth (my emphasis, ‘Kirk/Maurice/John born 12.03.45’) [A1/1.262].

 

166. Then, moving from the events at the police station itself, he said that at the Magistrates’ Court in the morning, he had spoken for 15 minutes on the clock, telling them everything he could to prove his identity. This mirrors his letters of complaint very close to the event.

 

167. On 21 May 1993 the magistrates refused him bail, and there is a bail refusal form of that date in his name, with an address ‘52 Tynewydd Road, Barry, S Glam’, it appears filled in at the Magistrates’ Court that morning. Mr Kirk thought it quite likely that this was the address he had given them that day. It records the reasons for withholding bail as being that the court was satisfied that there were substantial grounds for believing that the Defendant would fail to surrender to custody and ‘the character antecedents associations and community ties of the Defendant’ (A1/1.257). I refrain from any concluded view on the decision of the magistrates, (however surprising I find their decision, to say the very least), since (i) it is a matter for which the magistrates carry responsibility; (ii) the claim in these proceedings is not against them; and (iii) indeed for reasons of public policy claim would not lie against a court or the members of a court in respect of such a decision.

 

168. The claim against the police for unlawful detention is confined to his detention by the police up to the time when he appeared before the magistrates. This is correct in law, because from that time onwards it was the decision of the magistrates which caused his detention. Whilst Mr Kirk blames the police for his detention by the magistrates, by ‘maliciously failing to identify him’ (see above), this was not the cause of his detention by them: the magistrates were willing to accept the address given as being that of Mr Kirk (which presupposes accepting his identity as Maurice Kirk), and so the further detention was not on the grounds that his address (or identity) was unknown.

 

169. The written record of tape recorded interview contains much by way of detailed transcription of question and answer, but is not a complete record of every question and every answer. PC Thomas was still an inexperienced police officer, as a probationer. The interview was conducted by DC Griffiths a more experienced officer and PC Thomas himself, with a duty solicitor present Ian Williams.

 

The withheld interrogation tape of their prisoner will have recorded:

 

• PC Thomas stating he had immediately recognised the ‘garrotte type instrument’ still with blood on them, found in the motor bike’s panniers full of other easily identifiable veterinary equipment (unlawfully confiscated and not returned out of spite, as a similar implement once used on his Uncle’s farm whilst his veterinary surgeon was conducting an embriotomy on a cow with calving difficulties

 

(Dystokia due to a dead oversized, ankylosed foetus or, as in the Appellant’s very first caesarean, just a few days from qualifying, on his own in a leaking old Dorset byre, other than an old lady in the dead of night holding up the lantern, was encountered with a rare schistisoma bovis, with Siamese twin added complications)

 

• the prisoner indicating both his name and addresses and how else they could be proved other than what were found in his pockets by simply telephoning the 24/7 veterinary practice

 

• their victim being addressed as ‘Mr Kirk’ by three different police officers

 

• then the purported ‘duty solicitor’ confirming seeing the prisoner’s name on the large charge book in the custody foyer while both had to walk passed it, in full view, to reach the interrogation room

 

• and had left the room, with new police, to examine the written record created before the interrogation of their victim.

 

170. An overview is that Mr Kirk was asserting time and again, in bitter and sarcastic terms, that the police knew perfectly well who he was and that this followed lodging his two serious complaints of harassment when they knew all about this; more than once, he referred to a piece of paper which he said he had seen on the custody Sergeant’s desk, with his name and address on it, and that they had only to look at that, which had his correct address. On the part of the police officers, they spent some of the interview dealing with, or fending off questions from Mr Kirk, and they were asking him to confirm expressly his address. The custody record on its first page has as its first entry under surname “refused”. Then, in capitals there has been entered ‘surname KIRK first names MAURICE JOHN (disclosed in interview)’.

 

171. The following are a sample of the exchanges as to address,

 

“Q. When the tape started I asked you your name Mr Maurice Kirk. Am I correct in saying that this is the first time, since the time you’ve been in custody, you’ve given your name? A. I’ve been addressed by the police as Maurice Kirk throughout most of my custody from about 2.30 this afternoon until about 8.20, when I again expressed concern about not getting my rights” (A1/1.158 at 158).

 

“Mr Kirk: I wish to know from you why I was arrested and why I have been detained for this period of time and why did it take over 6 hours for somebody to tell me what they considered why I was being detained” (at 159).

 

“Police: you were arrested….. under s 25 of the Police and Criminal Evidence Act…. Mr Kirk: But they knew who I was I was outside my surgery and the general public were telling them who I was and they knew who I was anyway, I’d just come from the police station, having lodged 2 serious complaints of harassment, they all knew all this. That is why I suspect they were there waiting for me when I returned to my surgery. What game are we playing here? I’ve been to the police station twice today to complain about harassment…. so to suggest these police officers didn’t know who I was and that is why they had the right to arrest me is absolute nonsense”. (at 161).

 

“Mr Kirk: Initially I did not [give name and address when requested by this officer ..[ – see full quotation above”] (page 165).

 

“Mr Kirk: Well who gave you the information to cause the Sergeant down there to write on my file as I came through the desk – Maurice Kirk – this man believed to be very violent underlined in red ink. If that didn’t come from Guernsey where did that information come from? If it wasn’t from this officer that arrested me?” (at 166).

 

… The Guernsey Police will have informed you by now that not only did I buy [the motorcycle] from the Guernsey Police…. You as a police officer will have been informed of this information during the last 6 hours of my custody when they contacted the Guernsey Police” (page 167).

 

That bike is parked outside my surgery at Ely on a regular basis and is seen by the Ely police officers on a regular basis”.

 

1. What we have got is a letter that was found in your property when you came to the police station with an address on that. Is that the correct address? It’s in the name you gave at the start of the interview.   A. What address?   Q. Well what is your address Mr Kirk?   A. There’s a piece of paper down on that desk which has my name and my address…. I want that document not destroyed…. Q. Mr Kirk we do need your address. A. Well you’ve got it. It’s on that piece of paper, go and get it and I’ll read it out to you, it’s only next door (177 – 178).

 

“Q.Why are you being difficult about this address? A. I’m not being difficult, I asked for that document just now, on the way to this room, I’ve told you where it is. I’ve confirmed that it is the correct address. Duty Solicitor: Mr Kirk, all you’re doing is prolonging your detention, if you were to tell the officers and they can check it out” (179).

 

They left and checked it out the ‘pinned to the day book note’, no doubt, while the purported Mr Williams made a hasting retreat to be no longer ‘available’ for either criminal or subsequent ‘time for a detailed witness statement’ to taken for these civil proceedings because he had been nobbled.

 

 

172. During the interview, (and not, I note, apparently the subject of any intimation before), it was suggested that Mr Kirk might be charged with assault. The reaction of Mr Kirk was “My main object, Sir, is to bust this conspiracy because these two idiots have now broken what they’re up to. They are out to frame me for assaulting a police officer. That is what this is all about” (181). Shortly afterwards, Mr Kirk said:“I am a practising veterinary surgeon on duty tonight, being detained from my work, which is one of the purposes for you to detain me”. He was then asked about 2 bits of wood joined by 2 bits of wire which were found in the panniers. When DC Griffiths raised the possibility of an offensive weapon Mr Kirk reacted with bitter sarcasm. The interview finished at 23.45 hours.

 

173. At 01:40 hours, the entry by PS Brown was “Review. Detention authorised and considered necessary as the accused persistently refused to provide details of home address and it is believed that if granted bail he will fail to appear. Solicitor aware – no representations. For Court 21/5/93 (D Brown [Custody Sergeant]”. This entry at 01:40 is followed by entries of routine visits to the cell, until 08:20 hours “to [Cardiff Magistrates Court] and 08:45 hours accepted at Magistrates Court cells with appearance in Court 5 recorded as 10:35 am remand in custody until 24 May 1993.

 

Guernsey police had now also informed South Wales Police (a separate judicial system) that there had been an arrest warrant outstanding for a trivial matter but not worthy of an extradition application. Cardiff police had other ideas and so deliberately failed to inform their prisoner or court in the morning, no doubt, to implement it themselves.

 

174. There are three witness statements before me from PC Thomas, two dated 3.10.1997 and 6.2.2009 for the purposes of these proceedings, and one earlier statement dated 10 March 1997 (respectively at A1/1.123, 135 and 149). A copy of his police notebook, at A1/1.247 to 251, concludes at 2:00 am when he went off duty.

 

175. His principal statement 3.10.1997 relates him being called, with PC 3174 Beer, to a supermarket in Grand Avenue on an unrelated matter, and his attention being drawn to the motorcycle, as I have related above. A check on the index number on the PNC came back as “no trace” making him suspect that the motorcycle was stolen. A check of the frame and number likewise produced “no trace”, and “I was now certain that the motorcycle was a stolen vehicle”. Search of the panniers revealed white powder, hypodermic needle and syringes, and 2 pieces of wood with wire wrapped around each end of the twigs “they looked particularly lethal and capable of causing injury”.

 

When then stolen see p321 Action 1 claim 8.13 stolen motorcycle not returned the recovery driver also took the serial number, seen inhis written log (Exhibit) with the name ‘Kirk’ beside it, as the number plate had ‘mysteriously’ gone missing when police were in ‘full chase’. Mr Clode, paid for bike’s storage, Dolman’s well knew about as he had quickly located the present owner. Police had then told him not to and is why Dolman’s and QC vehemently opposed his giving oral evidence.

 

176. On seeing the male [Mr Kirk] in leather motorcycle trousers, he walked towards him but Mr Kirk walked off, he said stop that he wanted to speak to him but Mr Kirk took no notice and continued to walk away aimlessly and at times changing his direction. He describes catching up with Mr Kirk, who quickened his pace and “at this time I thought that Kirk might be a mental patient”. PC Thomas had previously been a staff nurse. He says he was still requesting Mr Kirk to stop but he was taking no notice, he put a hand on his left elbow to attract his attention when Mr Kirk wheeled his arm away and flung round to face him and he said to Mr Kirk “I just need to speak to you about motoring matters in relation to the motorcycle I’ve just been looking at”. On Mr Kirk starting to walk backwards away from him he decided Mr Kirk was not deaf “and I formed the opinion, from my previous experience, that he was likely to be a florid schizophrenic….. his demeanour started to become aggressive and irate…. He was tensed as if about to explode and now became very determined to get away from me. As he was walking backwards he turned and I considered that he was going to make a determined effort to get away and I therefore took a firm hold of him by taking hold of one of his arms. “Mr Kirk pulled his arm out of the sleeve and PC Thomas took him in a type of bear hug; “Mr Kirk started to struggle to try to get away from me” and PC Thomas swept him to the ground PC Beer then arrived and between them they got Mr Kirk onto the ground face first and placed handcuffs on his wrists. “At no time during this incident did Kirk say anything to myself or PC Beer”.

 

Liar

 

177. (As can be seen from the account of Mr Kirk, up to this point there is little if any difference between himself and PC Thomas about what happened up to this point, save that Mr Kirk knows that the instrument in the pannier was an embryotomy wire).

 

178. PC Beer brought the police van, Mr Kirk was placed in the cage at the rear of it, and “I then said to Mr Kirk, “I am arresting you under section 25 of the Police And Criminal Evidence Act”. On taking Mr Kirk back to where the bike was we became aware that there was a veterinary surgery and “as a result of what I was told” he went into the surgery and spoke to a female who declined to give him any information. He arranged for the motorcycle to be taken back to the police station by other police officers. Put shortly, he enlisted other officers to examine the vehicle (see above); PC Thomas had seen that the expired licence on the motorcycle was a Guernsey one and he made enquiries later with the Guernsey Police. “Sometime during our enquiries at the police station the name of Maurice Kirk was mentioned, and also the fact that he might be a vet. He states that he remembers another police officer being sent back to the veterinary practice at Grand Avenue to make further enquiries but they were unfruitful.

 

“female declined to give him any information”,

“….make further enquiries but they were unfruitful”?

Contacted Guernsey BEFORE interview?

 

 

179. “On my arrival at the police station at 14:20 hours I informed the custody sergeant of the circumstances of Mr Kirk’s arrest. I told him that Kirk had been arrested under s 25 of the PACE and also that we had recovered a motorcycle which I suspected was stolen and could be connected with Kirk”.

 

180. As to Guernsey, “I was informed by the police on Guernsey that Kirk had left the island and was now believed to be living in the Avon and Somerset area”; his enquiries of Avon and Somerset Police “were not successful in identifying” Mr Kirk. Because enquiries were protracted, it was not until late that evening that he interviewed Mr Kirk.

 

Liar

 

181. PC Thomas charged Mr Kirk at 1:40am with the offence of assault. The bundle in fact contains Statement of Charges against Mr Kirk of (i) assault on a police constable with intent to resist arrest (ii) having with him at Grand Avenue an offensive weapon being a garrotte type instrument and (iii) failing to give his name and address when required by a police officer who reasonably believed him to have committed a motoring offence (A1/1.254 to 256). The magistrates’ court record of that date records the alleged offences as simply assault police/offensive weapon (A1/1.257).

 

All allegations had now been checked out, as utterly groundless, so a charge of assault was dreamed up by senior management knowing it was usually their ‘bread and butter’ winner, for promotion when no independent witness was about to confirm the contrary.

 

182. PC Beer gave a witness statement of 11^th June 2004 which essentially mirrors the account of PC Thomas as to the motorcycle, the panniers, the approach by PC Thomas to Mr Kirk who made off away in a way he regarded as suspicious; that he could hear PC Thomas requesting Mr Kirk to stop because he wanted to speak to him; also that during this time Mr Kirk was not running but kept changing direction, and that he then saw PC Thomas struggling with Mr Kirk. “I cannot state that Mr Kirk was struggling violently, rather I recall he was just resisting our attempts to communicate with him or detain him and had become completely awkward and non compliant”. He regarded the whole incident as arising solely as a result of the behaviour/attitude of Mr Kirk, “He refused to speak to either PC Thomas or myself”. Mr Beer was not cross examined at length. He told me he played no part in the investigation of this incident, and PC Thomas was the officer in charge. In cross examination, asked whether he heard any of the conversation between Mr Kirk and PC Thomas before Mr Kirk was arrested, he answered No, I wasn’t close enough”. His brief pocket notebook entry is at A1/1.147.

 

183. In oral evidence, PC [now PS] Thomas told me that this incident was just after his second anniversary of joining the police, and therefore before he was confirmed in rank. He said he did not know Mr Kirk in the sense of recognising him, and had not heard of him. He further said that he at first thought the motorcycle was stolen, but was slightly wrong footed in that Mr Kirk did not present to him as a person likely to have a stolen vehicle, and he became less sure. In evidence in chief, he was asked about paragraph 18 of his witness statement where he had put as a report in direct speech “I am arresting you under section 25 of the Police and Criminal Evidence Act” and was asked what it is he had in mind. His answer was the vehicle document offences, specifically it would have been motor insurance, (also a vehicle licence offence), although it was pointed out to him later, in management not disciplinary action, that this was not suitable for exercise of a power under s25 PACE). He said that it was the name and address which were to the forefront of his mind “an address was not furnished, which was suitable for a summons [to be served] “so those were the first two criteria” under s25. He also told me that he was firming up on a belief that Mr Kirk was linked with a veterinary practice, by persons at the scene, and that he thought that Mr Kirk “might be able to provide some easy explanation to the circumstances”.

 

184. There is every reason to think that PC Thomas on presenting Mr Kirk to the custody sergeant at the police station, did make reference to arrest under s25 PACE: (i) his notebook records “on being placed in van I said I’m arresting you under s25 PACE Act 1984” (A1/1.250); (he stated this in his witness statements of 10.3.1997 and 3.10.1997); (ii) the contemporaneous custody record includes “refused to speak. M/cycle 1876 possibly stolen. Arrested s25 PACE” (A1/1.211). (I heard evidence in the course of the case from a number of custody sergeants, each of whom stated that it was the practice contemporaneously to record what the arresting officer said, on presenting the arrested person to the custody suite, and like evidence was given by PS Huckfield in respect of this incident, which I have no reason to doubt).

 

 

185. Had PC Thomas, in fact, asked Mr Kirk for his name and address? Such a request is not recorded, either in the police notebook, (which is an entry running to 6 pages) or in the statement of March 1997, or in the statement of October 1997. In the witness statement additionally served of 6.2.2009 it is stated “on the evidence available to me at that time I was satisfied that I had reasonable suspicion to arrest the male in connection with the theft of the motorcycle. However as the male had refused to cooperate and had failed to provide me with his name or address, I decided to arrest him under s25 ….”; which may (at least as of February 2009) be implicitly stating that he had been requested to provide his name and address.

 

186. In examination in chief, leading counsel did not succeed in eliciting from Mr Thomas (the desired) express statement that he had asked the name and address at the scene, despite reference to s 25 PACE in the question. In cross examination, asked by Mr Kirk “When did you first ask me for my name and address?”, Mr Thomas replied, “I believe we had a conversation along these lines after you’d been placed in the back of the van, when I was asking for your cooperation, to the best of my recollection it was within a minute of you actually being handcuffed and placed in the van and I tried to explain to you the situation that you were in and the benefit to you of giving us some cooperation. “Q. If you had known my name and address before you arrested me what would you have done? A. We very likely would have sorted the matter out. You could have answered some simple questions and there wouldn’t have been the need to arrest you. Q. What would be the simple questions? A. Well we normally ask is this your vehicle, do you have a driving licence, if I’ve seen you driving it, or are you covered with motor insurance? Q. But you didn’t ask me these things did you? A. No because, because I didn’t get any cooperation at all, and that is all that I was seeking to do to get some cooperation. The vehicle was very suspicious..”.

 

187. The cross examination of PC Thomas by Mr Kirk was for some time deeply probing, and highly suspicious of his individual personal motive. On resuming cross examination next day, it was apparent that Mr Kirk had been impressed by Mr Thomas, and/or his motivation as a former mental nurse that Mr Kirk might be mentally ill, and indeed he concluded his cross examination of Mr Thomas by saying that “Nobody else may believe you, but I do”.

 

Exactly, but of which small portion of his evidence did the Appellant believe?

 

188. Mr Thomas was unequivocal that he arrested Mr Kirk under section 25 PACE. I am satisfied that he did not ask for a name and address prior to Mr Kirk being placed in the van. First, he does not say that he did. Second, Mr Kirk says that he did not. Mr Beer did not hear the conversation between Mr Kirk and PC Thomas. Third, the circumstances in themselves, in following, catching up with, and then sweeping Mr Kirk to the ground, make it less likely that he did. Did he ask Mr Kirk that afterwards at the scene? It is evident that PC Thomas was initially concerned that the motorcycle was stolen. PC Beer, although not the officer in charge of the case, in his own written and oral evidence does not speak to such a request of Mr Kirk, at the van, or prior to the police station arrival. His evidence mirrors the expressed interest of PC Thomas: “the whole incident arose solely as a result of the behaviour/attitude of Mr Kirk who refused to speak to either PC Thomas or myself. Once we attempted to try and ascertain the history and ownership of the motorcycle his behaviour was bizarre and totally unreasonable” (emphasis supplied).

 

189. There was in addition, to put it neutrally, an incomplete understanding on the part of the police officer of the effect of section 25 PACE. Mr Thomas was regarding Mr Kirk in interview as being under a burden of proof as to name and address; elsewhere in his written statement he said, and in his oral evidence told me, that he believed that it was ‘a criminal offence’ under s 25 PACE if a person failed to give name and address on request of a police officer, whereas s 25 simply confers a power of arrest. PC Thomas was an inexperienced officer at this time, as he himself conceded.

 

190. In the end, I conclude on the balance of probabilities that PC Thomas did ask Mr Kirk for his name and address at the scene, in the van, and did rely upon the failure to give that in order to arrest Mr Kirk, not on suspicion alone that the motor cycle was stolen. I do not do so on the simplistic basis that Mr Kirk now accepts the honesty of PC Thomas, since the material above calls for analysis. I do so because PC Thomas by then had felt uncertainty from the presentation of Mr Kirk that the vehicle was stolen; because he did contemporaneously tell the custody sergeant that Mr Kirk had been arrested under section 25 PACE (as recorded in his notebook); and because of the critical question and answer early in interview on the day itself, not disputed by Mr Kirk, “Q. Do you accept that you did not give your name and your address when requested to by this officer? A. Initially I did not” (A1/1.165).

 

Evidence was the Appellant was in hand cuffs at scene of concocted ‘resist arrest’ allegation, on the other side of the park and nowhere near the police van parked right outside his veterinary surgery with irate waiting clients surrounding it protesting of the brutality they had just witnessed on their veterinary surgeon.

 

191. Earlier in cross examination, when still hostile to Mr Thomas, Mr Kirk suggested that before the interview he could go on the PNC and know full well who he Mr Kirk was; the reply was “I believed I had. But it needed to be proven”. It was put that the persons in charge knew that Mr Kirk’s full name was Maurice John Kirk. The answer was “we asked you to confirm those details. You wouldn’t. I really didn’t want you to go to prison. You didn’t belong there. If you’d engaged in the process this would all have been sorted out”.

 

Nonsense

 

192. The custody record, after its initial “after first noting surname refused, has the full name of Mr Kirk, Maurice John Kirk. Mr Thomas was asked, where did that come from, if not from Mr Kirk? He answered “it may have been from the letters in your possession”. A little while later, as to the wire with handles Mr Thomas said “all you needed to do was to say it’s an embryotomy wire and I was a vet….. it’s not a question of what I believe, I did believe it was you, it’s what we can prove. It was to get you to prove you were. And I was seeking to get you to prove that you were Maurice Kirk. You could have told us your name and address”.

 

193. For completeness, I record that as to enquiry of the police in Guernsey Mr Thomas said he believed that Mr Kirk was well known in the Channel Islands, the person to whom they spoke in Guernsey immediately recognising his name.

 

194. The custody record records brief grounds for arrest which do not include ‘assault’, or ‘possession of an offensive weapon’. (The custody record states that on being questioned Mr Kirk “ran” away. Mr Thomas confirmed expressly that Mr Kirk did not run from the scene, “I didn’t give you the opportunity to run away when I believed you were about to run away”).

 

195. However there are other entries which are germane. Mr Thomas was asked about the entry in his notebook which indicates that he conferred with “03” a senior officer and notified his injuries. This was a senior officer, the Inspector, or Acting Inspector,“03”.

 

196. He thought it reasonable to assume that he had given that officer some explanation, although he did not recall the conversation. At this time he suspected that Mr Kirk was a vet and would have shared with that officer whatever information he himself had. Asked about the documents which Mr Kirk had on him when searched, he answered “I went through those and I used them to establish your identification” (emphasis supplied). I have set them out in this judgment above, including the letter addressed to M J Kirk 51 Tynewydd Road, Barry.

 

197. Having referred to each of these, Mr Kirk asked Mr Thomas in cross-examination whether the content of his pockets suggested that he might be that person. The answer was “ I had a strong belief that that person was you” (emphasis supplied). He caused a police officer to go to that address, by request via command and control. The answer that he was given was that they had got no reply at 51 Tynewydd Road, Barry and that this would have been the Barry unit which attended. This chimes with the answer, slightly later, that “you were legally advised to cooperate, you wouldn’t. To do this simple thing, to satisfy the burden of proof. …. We had a strong belief you were Mr Kirk of that address [during interview, emphasis supplied]”. The custody record, after the initial record as to surname of “Refused”, has “Kirk, Maurice John [disclosed in interview]”. Asked where that came from, if not from Mr Kirk, Mr Thomas replied that it may have been from the letters in Mr Kirk’s possession, but the only name appearing on that letter is “M J Kirk”. Mr Thomas told me he knew nothing of a police officer looking into Mr Kirk’s cell and identifying him by name.

 

198. In my judgment, nothing described by PC Thomas or PC Beer at the scene in their witness statements or oral evidence amounted to, or could amount to, an assault on PC Thomas. Unless PC Thomas had given some different account to other police officers at the police station, what he related to them did not amount to evidence which would in fact support a conviction for assault. The brief grounds for arrest recorded by PS Huckfield on presentation of Mr Kirk to him as custody Sergeant simply record “was apprehended… and struggled”. There is no suggestion that he was arrested for assault – or indeed possession of an offensive weapon. DC Griffiths, who jointly interviewed Mr Kirk, confirmed that if he had been told by PC Thomas that Mr Kirk was arrested for assault he would have referred to it, stating that when he conducted an interview he would be quite formal, so his feeling was that he would have said that Mr Kirk had been arrested for the other offences (which he did not). Notwithstanding this, when in interview Mr Kirk said that he was injured, PC Thomas identified his own injury and said he intended to charge Mr Kirk with assaulting him. I have found it difficult to follow why PC Thomas said this to Mr Kirk. My inference is that some other officer (whether the fellow interviewing officer or another such as the Acting Inspector “03” to whom he notified his injuries) must on being told of injury to him expressed the view to PC Thomas that he should consider a charge of assault.

 

199. As I have related, the interview at 22:55 hours was conducted by both PC Thomas and DC 2784 David Griffiths, principally by the latter. He was a detective constable stationed at Fairwater Police Station. He said that he had played no part in the enquiry that afternoon flowing from the arrest, but would have been asked to give a hand to the younger officer. It seems likely to me that he was not involved in the enquiries prior to interview, (i) by reason of the internal evidence of the interview and (ii) in that he told me that he was responsible for a large part of Cardiff, under the 6.00pm to 2.00am shift, so he could not imagine getting too involved with this investigation, which is consistent with the contemporaneous entries and which I find persuasive.

 

200. His witness statement described Mr Kirk as awkward and belligerent during the interview with his attitude and actions unnecessarily prolonging the matter (A1/1.155 paragraph 5]. In due course, Mr Thomas was to tell me that during the interview Mr Kirk was “obviously very upset and wounded”. DC Griffiths described the record of interview before me as ‘neither a full transcript nor a summary’.

 

201. Mr Griffiths confirmed that Mr Kirk, in order to attend interview, would have come from the cells on a route which took him past the custody sergeant and a desk. Asked whether he saw a small piece of paper at the custody desk with Mr Kirk’s name and address and written on it “this man extremely violent” he said that he could not remember any piece of paper, and did not see one, “at least I don’t recall seeing one”. It is clear from the record of interview that Mr Kirk repeatedly insisted that there was such a piece of paper at the custody desk, with his details on it. Mr Griffiths told me that he could not recall going to look at it and he certainly did not suspend the interview in order to do so. Once interview was complete, he said that it was not within his knowledge why Mr Kirk was detained further.

 

202. He agreed that since there was reference in interview to contact with the Guernsey Police, he must have been told of that by PC Thomas. As to the instrument with piece of wire between handles he was asked what got him so interested in it and replied “my thought processes were more an offensive weapon….. “made intended or redacted”? …I was just curious”, (presumably ‘made intended or redacted is a reference to the definition of offensive weapon under s1 Prevention of Crime Act 1953). Save for what he was able to read out in the record of interview, I was not persuaded that Mr Griffiths had much recollection of this interview, or even, much recollection of Mr Kirk.

 

 

203. The interview is intensely frustrating to read, because it is plain from what I know and from its own record that Mr Kirk did believe that he had been set up, that the interviewing officers knew who he was, and that there was a piece of paper already at the custody desk with his name on it; while equally the police officers were adamant on extracting from Mr Kirk an explicit statement of his name and address. In cross examination, Mr Kirk asked Mr Griffiths, “You left the interview not knowing who I was?”. His answer was “Yes”, but I think it likely that he was of a like frame of mind to Mr Thomas, who told me in his own evidence that he had a strong belief who Mr Kirk was, but did not have the evidence to establish it.

 

204. The custody sergeant who received Mr Kirk into custody was PS Huckfield (retired 1999), who in oral evidence emphasised the refusal of Mr Kirk to speak. (The custody record, at the end of presentation, reads “refused to speak at all”). Further entries as to refusal to speak appear by his assisting officer PC Donovan and himself at 16:50, 17:50 and 19:00 hours. Perhaps critically, on first presentation Mr Huckfield was “satisfied that the male’s detention was necessary in order to obtain evidence by questioning. I therefore authorised the male’s detention to obtain evidence by questioning” [witness statement para 6 A1/1.218 at 219]. In that statement he said at no time during his dealing with “the male” did the male inform him of his name or address. He had no memory of the documents on Mr Kirk, but said that if the documents had included name and address, “it would still have been necessary for those details to have been verified as the prisoner’s”, and told me orally that the responsibility for doing so would be not his, but the arresting officer’s.

 

205. His stance as to documents, including the 3 cheques made out to the Animal Health Centre, was that the task of the custody desk was only to book the property into the bag, and to secure it. He declined any knowledge that Mr Kirk had, before his arrest been speaking to the Inspector Trigg whom Mr Kirk asked to be informed, (as entered on the custody record at 20:18 hours). Curiously, when asked whether he did not hear Mr Kirk’s name he said “I saw documents which had your name, certainly finding documents on you with a name would indicate that that was your name”. His description of his duties, and his apparent perception of his role, (once satisfied in his own mind that detention was required for questioning), was principally one of ensuring that the prisoner was secure and safe. He authorised detention at 14:20 to obtain evidence by questioning and under s25 PACE. The brief grounds for arrest did not identify assault or possession of an offensive weapon; they did refer to the motorcycle being possibly stolen. Mr Huckfield told me that he had not met Mr Kirk prior to this, or had dealings with him, or heard of him. There is nothing internally in the evidence to cast doubt on this, and I note that Mr Huckfield remarked later in his evidence that at that time, detainees at this station were running at the rate of 6,000 or 6,500 prisoners a year. Asked by Mr Kirk whether he had picked up gossip that Mr Kirk was a vet with a practice in Ely he replied later, much later, he learned that Mr Kirk had a surgery in the Vale. The overwhelming impression is that admitting detainees to custody was a routine if not mechanistic process for the custody Sergeant, further enquiry or investigation being very clearly regarded as being for the arresting officer or officer in charge.
206. PS Huckfield went off duty at 10.00pm, Mr Kirk’s detention having been reviewed by Acting Inspector 594 Crutcher. I have related, at paragraph 98 above, the entry made in the custody record at 2100 hours by Mr Crutcher. On the day in question he was working at Fairwater Police Station (witness statement 25 May 2000 A1/1.225 at 226). The witness statement is short and plainly derived from the written custody record. The recollection in the witness statement is in error, in referring to probable attendance at Ely Police Station (partially corrected in the witness statement itself). Orally, he thought he might have attended from a different police station, since he was Acting Supervising Inspector for more than one station, and the review should be carried out at 6 hours. If carrying out a review as an Inspector, he said that he was not normally allowed to play a part in the investigating of the offences although he had little if any recollection now of dealing with Mr Kirk that night. He had himself before retirement been a custody sergeant. He recollected s25 PACE as applying where the police were unable, for various reasons, to effect service of a summons and the obvious example was of someone likely to abscond, or where the police did not know his details.

 

No telephone call was ever made to the practice well published telephone number that afternoon or night or any visit made to the main Barry veterinary surgery just around the corner of Barry police station.

 

The Barry practice would have been open with a full complement of staff until at least 19.30 hrs before switching to an alternative reception number manned 24/7 as a BT emergency line with Mr Kirk on ‘first call’ as he nearly always was until the police managed to have him ‘struck off’ on 29^th May 2002.

 

207. He said that “as a general rule [I] would authorise detention to effect details for service of a summons and you continually review that”. In his own review, he assumed that the information raising question whether there was lawful possession of the BMW motorcycle came from the officer dealing with Mr Kirk at the time, and that as to evidence being obtained by questioning, this would again be by the investigating officer. (The first ground of detention was, according to that entry, for further enquiries as to whether Mr Kirk was in lawful possession of the motorcycle; the second, for further questioning to prove or disprove his involvement [sic]). As to the third ground, namely for further enquiries to establish his identity, he said that it would not be the role of the reviewing Inspector to investigate identity, as opposed to the investigating officer. He explained that “03” (as in PC Thomas’ notebook entry) was likely to refer to the Inspector’s radio call sign, and therefore related to a rank, rather than an individual police officer, and normally only the shift Inspector. I infer therefore that on this occasion it was Mr Crutcher himself who was “03” and to whom PC Thomas at some stage spoke.

 

208. Asked by Mr Kirk whether he understood at the time that there was a warrant for his arrest in Guernsey, Mr Crutcher said he did not. He said that he found out about this, “probably a day or two later, probably from the officer in the case, probably a few days later”. There was in fact a warrant out for Mr Kirk’s arrest in Guernsey, as was discovered by a woman police officer in a quite different incident, but there was no suggestion by PC Thomas during the interview with Mr Kirk later that night that Mr Kirk was subject to such a warrant, and Mr Thomas did not mention becoming aware of this in his oral evidence. As this court knows, PC Thomas developed a strong belief that Mr Kirk was not likely to have stolen the motorcycle. Mr Crutcher told me that he did not know that at the time, and was not told that. Mr Kirk put it to him that he was lying about this, as he was lying about purported ignorance of the warrant for Mr Kirk’s arrest in Guernsey.

 

209. However Mr Crutcher remained clear in his evidence that throughout the review, Mr Kirk was sat with his head dropped forward, and did not utter a word. I note this was not contested by Mr Kirk during his cross examination of Mr Crutcher, or in his own oral evidence: Mr Kirk said that ‘he could not deny or confirm this’; he agreed that generally, in custody at the police station, he said very little. I consider it likely that he did not say anything at all to Mr Crutcher at the time of this review. I note that Mr Thomas told me that when he spoke with “03” the Inspector was more concerned with the injuries to Mr Thomas, and I note that no mention was made of injury to the police officer, or purported assault, yet on presenting him to the custody sergeant at 14:20pm, by the time of interview (an hour and three quarters after the 9.00pm review) Mr Thomas was speaking of an intention to charge Mr Kirk with assault. It seems highly likely to me that an assertive view was taken by other police officers compared to that taken by PC Thomas himself. I conclude that on the strong balance of probabilities, Mr Kirk did not give information to, or make representations to, Acting Chief Inspector Crutcher that evening.

 

210. The custody sergeant who took over from Mr Huckfield was PS 1846 Brown. The custody record shows his entry of a visit at 01:10 hours and at 01:40 “prisoner charged and cautioned. No reply” and “processed and returned to cell. Review: Detention authorised and considered necessary as the accused persistently refused to provide details of home address and it is believed that if granted bail he will fail to appear”. Solicitor aware – no representations”. Given that the solicitor, in interview, is recorded as saying “Mr Kirk – all you’re doing is prolonging your detention”, this rings true.

 

211. I heard evidence that the charging decision would generally be by the custody sergeant, and the officer in charge would then put the charges. Here, Mr Thomas told me the decision was for the custody sergeant, whoever that was, when the charges were put, and therefore it would have been the second custody sergeant that evening. However he told me, without seeking to blame DC Griffiths, that in recommending the charges he sought advice from DC Griffiths, who would have been very influential as to what the charges were.

 

212. As to continued detention, PS Brown made the entries in the custody record of 20.45, 21.45, 01.10, and 01.40 (the latter being “Processed” meaning fingerprinted and photographed). He was asked in chief about his entry “Detention authorised and considered”, and said that it was “only that the accused had not provided details which could be verified of his name and address, so my decision must have been to put him before the court”. “Q. What if a prisoner, not known to you, has not given his name and address, would you grant them bail? A. No.” What if he gives his name but has not given his address? His approach was, “I would not give bail, with a view to the prisoner being put before the next available court”. In cross-examination he said that the fact of refusal of name and address would justify his recorded view that “if granted bail he will fail to appear” (A1/1.240). However he also stated that “The reason you were detained was that your identity could not be verified” and that this was “the only reason” (emphasis supplied). He agreed that there was entered in the record “Maurice John Kirk, disclosed in interview”, but said “that’s all we had”. Shortly afterwards, he said that his entry (‘believed he would not answer to his bail A1/1.240 check) was because at that time, “your identity may have been known, but your address was not known”. He could not now recall, but could only assume after Mr Kirk “had been charged, without a bona fide address,[he] would not be bailed”.

 

213. He could not recollect any connection with Guernsey. He had no recollection of a paper on the custody desk about Mr Kirk stating “Believed to be extremely violent”.

 

214. As to this piece of paper, Mr Kirk’s witness bundle (copied in the trial bundle at A1/1,260) includes a page of reference to this piece of paper having been seen by two other young persons, as I understand it also then in custody, signed in their names, a Mr Powell and a Mr [indecipherable]. There was no witness statement as such from either of them. In case management before trial, over a considerable period, I had drawn attention to the need to have proper witness statements from, and the attendance of, witnesses whose evidence was not accepted by the opposing party. Mr Kirk told me that his efforts to trace and call these two persons as witnesses had been unsuccessful. Such may be unsurprising, 20 years on from the events in question. However in the absence of the witness being present to be questioned and observed the weight to be placed on the evidence of a witness who does not give oral evidence is likely to be modest, even where there is (unlike the case here) a full and proper witness statement and it is proffered under the Civil Evidence Act. Also there is little to explain why other persons in custody should notice and remember such a piece of paper, when they were not – as I understand it – then known personally to Mr Kirk. I therefore cannot place significant reliance upon this piece of paper.

 

215. Mr Kirk’s case is also that one police officer was heard to say that his uncle had a farm, and he the policeman had seen equipment such as found in the pannier of the motorcycle, “used by vets to cut up dead calves within the womb of the cow”. In his witness statement of 19 June 2009 Mr Kirk says that at the police station he saw and heard one police officer say this.

 

216. After he had concluded his oral evidence, Mr Kirk unearthed a witness statement from 08 August 2000, which he told me he had given to his solicitors at the time. In that statement he describes the matter slightly differently “one police officer, the son of a farmer, identified the embryotomy wire found by the police in my motorcycle pannier with bottles of local anaesthetic and antibiotics to be a cutting wire used by veterinary surgeons to dehorn cattle” – and the time of the officer doing so is not identified.

 

217. When this implement was raised in the police interview Mr Kirk was deeply sarcastic [see above]. It is in theory possible that he thought this was sufficient, and/ or he was so consumed by sarcasm that he neglected to say that he had heard a police officer identify the implement for what it was; but the interview is full of combative reference to what the police interviewers could themselves ascertain, and if another police officer had identified it as an embriotomy wire prior to interview, then looking at the interview as a whole it seems inevitable to me that Mr Kirk would have referred to it and done so forcefully. When I asked Mr Kirk whether this had been said at the scene at Grand Avenue, or at the police station, he was uncertain. If such a remark was made by any police officer, I do not consider, having considered PC Thomas’ evidence, that it was said to PC Thomas at any stage prior to the decision to charge Mr Kirk, apparently about 01:40 hours on 21 May 1993. This is important in the light of the law that it is what is known to or in the mind of the individual officer which is crucial.

 

218. For completeness, the Bundle of documents includes a note, and it is only a note, dated about this time, 3.6.1993, “I heard the police officer say to some boys that they should shut the vet because there is too much trouble”, with the name of Rachel Thomas and an address (A1/1.261). No witness statement was ever forthcoming from Ms Thomas. Mr Kirk made no reference to it during the trial (or afterwards). Accordingly I attach no weight to it.

 

219. As I have stated above, I cannot place reliance on the piece of paper signed by two youths as to having seen in the custody suite some piece of paper relating to Mr Kirk. However, there is clear contemporaneous evidence, in the record of interview, that Mr Kirk then believed he had seen a piece of paper on the custody desk, with his name on it and “Believed to be violent”. His own inference was that this must have come from enquiry of the [Guernsey] police. The evidence before me is that enquiry was made of the Guernsey police on this afternoon or night. In another incident a police officer was given information by Guernsey police that there was a warrant extant for the arrest of Mr Kirk; and a record of his convictions from Guernsey police was later in the same year available to PS Booker (see the incident of 3 October 1993 which I consider below). At one point that record was within the hands of the South Wales Police (since it was annexed to a letter of PS Booker) but it is not made available to me now. It is not implausible that it might have been the source of some note about Mr Kirk held at the custody desk on the evening of 20 May 1993.

 

220. The closing submissions for Mr Kirk on this incident are spare, occupying only one page and making four points only: (i) the terms of the pleadings were that PC Thomas’ suspicions of theft reduced and yet Mr Kirk was arrested to allow his identity to be established; (ii) that later he was admonished for dealing with the matter under section 25 PACE; (iii) that the educated accent of the Claimant and the surrounding circumstances (unspecified) “were all clues that the suspect was a vet”; and (iv) that the police admitted on oath “that they had telephoned Guernsey and obtained details of the Claimant’s purchase of the motor cycle”.

 

221. The last point mistakenly conflates the evidence given. There was evidence that PC Thomas had seen that the expired licence on the motorcycle was a Guernsey one and made enquiries later with the Guernsey Police; and that “I was informed by the police on Guernsey that Kirk had left the island and was now believed to be living in the Avon and Somerset area”, although his enquiries of Avon and Somerset Police were not successful in identifying Mr Kirk. There was no evidence that Guernsey Police gave or confirmed details of a purchase of the motor cycle by Mr Kirk.
222. “Clues” that the suspect was a vet would not identify his name and address. A reduction of suspicions of theft would not in law have deprived the police officer of a power of arrest in his discretion given the low threshold of reasonable suspicion which the law requires.

 

223. In my judgment these submissions only touch upon the detailed and rigorous consideration of what happened at each stage of Mr Kirk’s arrest and detention which is required in order fairly to consider his claim. Hence the elaborate analysis of the evidence which I have set out above.

 

224. Having so analysed the evidence I make the following findings of fact.

 

• PC Thomas was the arresting officer. He did not know Mr Kirk prior to the arrest and the arrest was not motivated by anything other than what he observed at the scene.

 

• There is no evidence of any other police officer having asked or prompted PC Thomas to question or arrest Mr Kirk.

 

• To PC Thomas, who will have known nothing of Mr Kirk’s suspicions of or hostility to what he considered police harassment, Mr Kirk’s behaviour when noticed by PC Thomas must have appeared bizarre.

 

• PC Thomas considered that the motor cycle may have been stolen and that the behaviour of Mr Kirk raised in PC Thomas a suspicion that Mr Kirk was involved with the motor cycle and any possible stealing of it, as well as suspicion of whether Mr Kirk was mentally unwell.

 

• PC Thomas did not ask Mr Kirk for a name and address prior to Mr Kirk being placed in the van (see above).

 

• PC Thomas did ask Mr Kirk for his name and address at the scene, in the van, which Mr Kirk did not give, and PC Thomas did rely upon the failure to give that in order to arrest Mr Kirk (see above).

 

• There was nothing done by Mr Kirk at the scene which amounted to, or could reasonably be thought to amount to, an unlawful assault. Any possibility of assault was not then considered by PC Thomas and played no part in his decision to arrest Mr Kirk.

 

The unlawful assault was the arrest across the park, on the ground, with a number of police on top of their victim to put the hand cuffs on.  

 

• On arrival at the police station, and thereafter, Mr Kirk did not give a name or address to the first or the succeeding custody sergeant or other custody police officers or Acting Inspector Crutcher who reviewed his detention at 2100 hours (see paragraph 208 above).

 

• Prior to arrival at the police station, PC Thomas did not know the name or address of Mr Kirk.

 

• At the police station, there were letters on Mr Kirk which gave his name and an address, which were actively considered by PC Thomas.
• By the time of interview at latest, and probably much earlier, PC Thomas believed that he was dealing with Maurice James Kirk, whose name appeared on letters found on Mr Kirk and whose name and date of birth appear in the PNC print-out of 16.17 hours that afternoon.

 

• On the balance of probabilities, at some point in the afternoon some police officer unknown did pass the cell where Mr Kirk was detained and refer to Mr Kirk by name, as Mr Kirk says.

 

• Mr Kirk did not give, and by the time of interview had not given to PC Thomas himself, an address, doubtless in the perception that his address was already known to, and he that he was being targeted and harassed by, PC Thomas.

 

• Part of Mr Kirk’s complaint is that it was absurd to consider an embriotomy wire a possible weapon. The wire was found only after arrest. It was not part of the reason for initial, or later detention. Thus whether or not Mr Kirk be right, the wire was not a ground of claim for any unlawfulness of detention. However if it were unacceptable to accept DC Griffiths’ stated belief that it might be an offensive weapon such would o could go to the issue of police credibility or bona fides. Mr Kirk’s memory for detail is erratic or absent; I can find only that at some stage he overheard a police officer correctly identifying the embriotomy wire as what was used with animals, but there is no evidence to establish when this was said, and none that this was communicated to PC Thomas or any police officer who considered Mr Kirk’s continuing detention.

 

Memory, absent, erratic! instead of repeat meticulous Claimant planning before and during this April/May/June 2013 substantive civil trial, as in his epic flight to Australia in an equally tired old WW2 Piper Cub—-with criminal, Mark Davenport, a police planted informer squatting under his flat on his family’s property throughout the trial to get the evicting bailiff beaten up while twelve, no less, police officers stood around laughing?

 

The whole purpose of Dolmans to arrange for their client to repeatedly gaol their victim, have him personally struck off the veterinary register so he would no longer be able to fund lawyers from England, was to make lots and lots of money for themselves and to allow the passage of 20 years to pass for memories to fade, witnesses to move away or die off.

 

Confusion and memory loss was not simply from the stress incurred following the Dr Tegwyn Williams/Professor Rodger Wood/Barbara Wilding/MAPPA 3/3 conspiracy it was also from the armed police suddenly surrounding his house in June 2009, some via helicopter, simply to try and snatch his 10-year-old daughter, Genevieve.

 

Gaoling Appellant for near eight months instead when they had failed and knowing all indictments were doomed from the start, as calling both seller and buyer as prosecution witnesses of the ‘machine gun’, nine of the jury said to the Appellant in the pub afterwards, was never going to fool them as did police painting the antique a different colour or switching anonymous WPC ‘foxy’ to a male police officer mid trial.

 

PC Thomas actually identified the embriotomy wire before the Appellant was interviewed. Thomas was heard telling Sgt Beer exactly what it was used or and by whom as he had seen same used on his uncle’s farm for a calving.

 

• Further it may be obvious to a veterinary surgeon that such a wire is a tool of the vet’s trade, but in my judgment such is not a matter of everyday knowledge to those other than vets or farmers. The apprehension (of Mr Griffiths in particular) that such a small length of wire might be a weapon is to say the least unimaginative (or conceivably excitable) but hindsight is precious and at the time there was no information or explanation from Mr Kirk, as there could so easily have been, to put the matter to rest.

 

• PC Thomas did make enquiries during the afternoon and evening whether the Tynewydd address stated on Mr Kirk’s documents could be independently verified as Mr Kirk’s but such positive independent verification was not achieved.

 

• Notwithstanding this, PC Thomas formed the belief on seeing the documents found on Mr Kirk that the arrested person was Maurice John Kirk; and formed the strong belief by the end of interview that Mr Kirk was of the name and address stated in those documents (see paragraph 196 above).

 

• There was a piece of paper on the desk but not with Mr Kirk’s address.

 

 

225. I have found (some of) the application of the law to these findings of fact not straightforward.

 

226. ‘Unlawful arrest’. However, (like Mr Kirk), I fully accept the honesty of Mr Thomas’ evidence and he was a careful witness. He told me that as to the initial arrest, his suspicions of stolen vehicle were diminishing but the motorcycle appeared not to be properly taxed and he had suspicion whether it had valid insurance, “I sought to deal with Mr Kirk by investigating a summons only offence of no insurance, he wouldn’t communicate with me so I wasn’t aware, I wasn’t able to evidence to a court his identity and name and address for service of the summons”. Accordingly, as to the initial arrest, it was lawful, the requirements of section 25 PACE being satisfied at that time. On balance I consider that the conduct of Mr Kirk up to the point of being asked name and address in the van indicated a refusal to answer any question.

 

227. It is ironic that at the scene, after arrest of Mr Kirk, the officer tried to make enquiries at the veterinary surgery but was rebuffed by the blonde lady there (probably, it transpired in Mr Kirk’s evidence, Kirstie Kirk later to become his wife). Doubtless Mr Kirk had warned others at the surgery not to co-operate with the police, whom he by then thoroughly distrusted.

 

228. ‘Unlawful detention’. The detention up to conclusion of interview and charge was consequent upon lawful arrest and based on absence of address. There was no corrupting element in the mind of PC Thomas; and doubtless Mr Kirk does not now pursue unlawful arrest against PC Thomas (see above).

 

229. Mr Kirk had been identified by full name and date of birth at 16.17 that afternoon (see above). Mr Thomas believed Mr Kirk was of the address on the letters. However, on any evidence before the court, this belief was not communicated to the custody sergeants. There was review by Acting Inspector Crutcher but Mr Kirk refused to say anything to him. The detaining custody sergeant(s) went by Mr Kirk’s refusal to engage or co-operate in any way.

 

230. In deciding to continue detention the attitude of the custody sergeant(s) appears to me to have been lamentably unimaginative and mechanistic. It would have been helpful, and to any intelligent and alert police officer desirable, to look at the detained person’s belongings in case the address could be ascertained rather than continue to detain on grounds that the address was not known. If there were in law an actionable duty of care based on simple negligence, in respect of whether to detain, I consider that the custody sergeants would have failed it, but there is not. It is equally lamentable that Mr Kirk should have continued to be detained, despite his hostile silence on his address, when prior to decision of the custody sergeant to continue to detain the arresting officer had formed the strong belief that Mr Kirk was of the name and address stated in the documents upon him. If in law I were entitled to aggregate his belief, or the document of 16.17, with that which was known to the custody sergeant I would gladly do so. I consider that it is not open to me as a matter of law to aggregate the knowledge or belief of Mr Thomas, or whoever else may have seen the document, with that of the custody officers to conclude that continuing detention on section 25 PACE grounds was unlawful.
231. I have considered whether a remedy is available to Mr Kirk on the grounds of Wednesbury unreasonableness. If he had, for example, said, “My address is the one on the letters!”, I might be able conscientiously to find in his favour. He did not. He remained silent and hostile. The law does not entitle me to aggregate knowledge which no individual police officer responsible for his detention individually had. It may be that in order to cater for circumstances such as these, the law should be different. With some regret, I consider that it is not open to me to depart from it and I am driven to the conclusion that in law Mr Kirk’s claim in respect of the detention until appearance at the magistrates’ court the next morning fails.

 

232. Malicious prosecution. The charges which were laid, and at least initially pursued, included that of assault to resist arrest and possession of the garrotte (as an offensive weapon).

 

233. As to any supposed assault to resist arrest, nothing described by either officer at the scene in their witness statements or oral evidence did amount to, or in my judgment could amount to, an assault on PC Thomas (see above). “The authorities make it clear that the burden on a Claimant is a heavy one, not easily discharged”, (closing submissions for the Defendant), but I find that in instituting a prosecution for this offence Mr Kirk has shown on the balance of probability that the Defendant acted without objectively reasonable and probable cause.

 

234. However it is also required that a Claimant show that the Defendant acted maliciously. Self-evidently, if one accepts that Mr Thomas is to be believed (as did Mr Kirk himself in congratulating PC Thomas as he left the witness box), he acted honestly at all times and malice is not established on his part. (Insofar as concerns the custody sergeant, whose role may be important in whether charges are preferred, or DC Griffiths (insofar as he contributed to discussion or influenced whether to charge), I am not satisfied that the evidence begins to establish malice on their part).

 

235. BEFORE the Appellant was even loaded into the police van PC Thomas had corrected other officers over the true identity of the embriotomy wire and the cacophony of chants by irate waiting clients, that had surrounded the van, was seen and repeated when, later, their victim was transferred to a police car called to allow space for the motorcycle to be loaded.

 

236. As to prosecution for possession of an offensive weapon, if it were known to those charging Mr Kirk that this is an embriotomy wire such as veterinary surgeons use, then to charge him with such an offence for having it in his possession would be wholly unsustainable (and doubtless malicious). In this case Mr Kirk, when asked about it, did not do the one thing which he could and should objectively and usefully have done, namely tell the police “I am veterinary surgeon. That is an embriotomy wire. It is used for xyz. Look it up if you want to”. He was so outraged by what he thought was PC Thomas (with DC Griffiths) setting out to try to trick or frame him that he did not do so. I am unable to tell (see above) when or whom the anonymous more practically knowledgeable police officer said anything to others about what he thought the embriotomy wire was. In my judgment exactly the same conclusions follow, in respect of prosecution of Mr Kirk for this offence, as for that of unlawful arrest: proof on the balance of probabilities that there was want of objectively reasonable and probable cause to prosecute but equally want of proof on the balance of probabilities of malice.

 

237. The pleaded claim alleges, in a single sentence, that Mr Kirk’s motor cycle was seized and damaged and the police refused to release it to him for several days after his release from custody. It was suggested in one witness statement by Mr Kirk that another person, (a Mr Powell), had seen the damage; but there is no direct evidence of damage whether from Mr Kirk or otherwise, there was no witness statement from Mr Powell and he was not called to give evidence, and Mr Kirk did not pursue this aspect of the case at trial.

 

238. Accordingly I do not consider this aspect further.

 

Lastly, I have considered whether the existence of the 16.17 document establishes or supports Mr Kirk’s overarching case of conspiracy. I do not discount this on the basis that at trial neither the Claimant nor the Defendant paid attention to it. However in the very full analysis of evidence above I have elaborately examined the actions belief and motivation of the individual officers and my findings of fact do not support such an inference from this document, or from the facts more widely.

 

NOW DOES THE READER UNDERSTAND WHY CARDIFF COURTS ALSO NEEDED TO HAVE MY 30 ODD POLICE INTERROGATION TAPES DESTROYED BEFORE MY 2013 CIVIL TRIAL DAMAGES?