I am in Brittany and just received a message that Sabine McNeill is in custody in some police cell in London.
What for and for why I do not know but if anyone is out there living near Highbury Corner Magistrates for 9.30am please be there.
ps They often pull a fast one on sensitive cases by switching courts and times at the last moment as they did last time I tried to get there in Wood Green.
The little birdie sent the enclosed concerning XX and Professor Rodger Wood both immune to prosecution for what they have done to me.
A REMARKABLE COINCIDENCE
Just received this from Sabine’s storing of data most of which I have no memory for except I wrote it all on a prison type writer, apparently!!!!
OODLES of back ground to the use and abuse by UK authorities reliant on the hurriedly drafted 1997 Harassment Act where the simple defence to an act of alleged harassment is either due to it was detecting or preventing criminal conduct and in my cases proved to be so with conspiracies found right across the South Wales judicial and executive infrastructure.
Alas, in my cases, some of those in Caswell Clinic, Swansea University, NHS (Wales) and of course , the South Wales Police were found to be liars.
….no previous jury, in my last three cases, were ever allowed to know these simple facts of a defence for fear XX may have to face my cross examination that has always been blocked by a corrupt judiciary that is, in Wales at least, each time his evidence was needed to prolong my incarceration to prejudice the 250 arch lever file civil claim I had brought to try and finally get the inherently deceitful and spineless little small minded pieces of shyte off my back.
If it had not been for the likes of Sabine McNeil helping me, whilst I was in prison, I would have gone under many years ago and which may be why, with her helping so many as myself, the lady is intended to be both mentally and physically broken by the ‘powers that be’ in such an antiquated evil UK HM judicial system now under the real threat of Brexit, so not to be radically reformed but allowed to trundle on stealing the tax payer’s money no longer answerable even to Europe.
Do you know the Welsh authorities even supported the South Wales Police orders to my numerous prisons to blocked all Sabine’s telephone calls to me and even when I was being denied urgent access to a pre arranged Cardiff hospital for an internal examination following the direct order of the current Chief Constable , David Vaughan
Sabine seen trying to help me outside Cardiff Prison gates to be allowed to get urgent court files to me into my cell…..the lady failed that time but came back fighting with an army of Mackenzie Friends
A ‘poster’ in trouble as it tells of truth, sadly, a rare commodity in South Wales law courts.
WANTED: XX, accused of falsifying medical records to obtain imprisonment without trial http://wp.me/p10VNs-Bk
THE CASWELL CLINIC DOCTOR I AM NOW BEING TOLD PROVOKED TEGWYN TO RUN WITH THE POLICE TO STOP THE ALREADY ILL FATED MACHINE-GUN JURY TRIAL GOING AHEAD BY SWITCHING IT INSTEAD TO DEALING KIRK WITH THE WELSH VERSION OF THE ‘GULAG CARD’ TO LOCK HIM AWAY FOR LIFE WITHOUT NEED OF ANY PUBLIC TRIAL
DAVID ROGER THOMAS
PERSONAL DETAILS see google
Name: David Roger THOMAS
14 Lake Road East
CARDIFF CF2 5NN
( 07970 812342
Criminal Court of Appeal 201402428 C1
County Court BS614159
HM Crown Prosecution Service
Maurice Kirk A7306AT Cardiff HMP Cardiff
Your Ref: A20140082 (Bristol Crown Court) 5th June 2014
Arrest of HM Prosecutor DAVID GARETH EVANS
Abuse of Youth Justice & Criminal Evidence ct 1999
- I have now had the opportunity to listen to the alarming tape recording of 1st December 2011 Cardiff Magistrates proceedings, with District Judge John Charles presiding, where I stood accused of harassment of a NHS (Wales) police psychiatrist from Caswell Clinic, Bridgend. My need follows successive courts having refused to disclose, to Crown Court juries, the clerk of the courts notes and custody records of your victim.
- I say alarming because, before this date, I was unable to comprehend what was taped without my yesterday’s newly fitted hearing aid to allow it and the fact that I had been forced to conduct the defence from behind bullet prove glass without even legal papers or the appropriate legal representation.
- The tape’s graphic detail includes, it appears, that I was to be legally represented that day but my solicitor had failed to arrive. The judge produced the lawyer’s letter but would not divulge its content. But did the CPS see it?
- The solicitor, I now know, had written to the court with legal argument of ‘no case to answer’ which was later supported by a barrister stating that the prosecution was, in effect, an ‘abuse of process’ as the police doctor had lied.
- The 8th November 11 magistrates letter had refused me witness summonses being served relating to the earlier abuses of the YJCE Act, as in 2nd Nov 10 hearing, by this very same district judge. That hearing was in my absence due to ill health and related to my having been pushed down the Crown Court steps to suffer a broken leg by an ex South Wales policeman, Derrick Hasan.
- On the 9th Nov 11 I received an ‘amended’ overlooked charge for an already served custodial offence and police officer undated 2nd statement. The latter referred to my futile visits to Cardiff police stations to lay information, by way of witness statements, that this prosecuting constabulary had earlier re painted a decommissioned WWI Lewis machine gun to fool a Crown Court jury.
- Recorder of Cardiff’s 14th November 11 ruling also refers to abuse of process.
- Likewise, for her ladyship’s understanding in August 2013 hearing, the 3rd jury trial needed first my cross examination of barrister David Gareth Evans.
- Either your lawyers or police, since the 1st December 2012 ‘harassment’ shambles could have established my innocence by simple access to the other court, custody and medical records as well those referred to in:
- Appeal from harassment conviction on 1st March 2012 and1st blocked JR
- 1st Criminal Court of Appeal application following The Recorder of Cardiff’s ruling for HM Prosecution to produce medical records & 2nd JR
- 1st ‘breach’ of a restraining order May 12 jury trial
- 2nd ‘breach’ of a restraining order November 12 jury trial
- 1st ‘breach’ of a restraining order May 12 jury trial
- 2nd Criminal Court of Appeal hearing in March 12
- 3rd ‘breach’ of a restraining order March 14 jury trial or
- any future alleged breach of a restraining order trials
- The first jury asked for the clerk’s notes, CCTV and GEOamey custody records but was refused by the trial judge. I was never notified of this request or even had knowledge of the jury notes until many months after the trial.
- This was not until I had become suspicious as to just why I could not be supplied with the Crown Court log or transcript of what really went on during my forced absence while receiving medical attention.
- The second jury were denied anything at all as the police routine was always been detain me for as long legislation allowed, to adversely affect my civil damages claims against them, before withdrawing all charges.
- Similarly the third jury was denied David Evans’ evidence, the previous court records and exhibits and jury notes because the police had confiscated the lot.
- Crown Court’s Order, via 26th March 2012 Cardiff Magistrates legal manager letter, explains why no subsequent court can disclose to any jury as to whether or not a restraining order was served on anyone before I was granted release.
To avoid a 4th jury trial, simply over undisclosed court and medical records, referred to in my 28th Nov 2013 letter to the Chief Constable and withheld defence statements from the trial judge, His Honour Judge Rowlands QC, then may I suggest both XX and David Gareth Evans cooperate by each making statements as what really caused the application for my being sent to Ashworth, indefinitely and as to really why the prosecuting barrister offered himself to be a my witness mid trial.
Maurice J Kirk BVSc
Copies to Criminal Appeals Office
His Honour Judge Seys Llewellyn QC
NO ANSWER TO THIS LETTER OF COURSE AND CAUSING, OF COURSE, EVEN TO HAVE NO APPEAL BEFORE A JUDGE IN MY 3rd BREACH CONVICTION.
AND WHO OUT THERE WAS EVER HEARD OF MY LONG 2012 IMPRISONMENT UNCONVICTED FOR MY 2nd PLANNED JURY TRIAL FOR BREACH OF A PIECE OF PAPER NEVER SERVED ON ME IN THE FIRST PLACE ? NO, I bet YOU HAVE NOT-THAT was kept well out of the news as police knew XX had made up the incident completely.
XX HAD LIED YET AGAIN AND NOW CONFIRMED IN Cardiff CPS letter by Tony Dicken in which he confirms police were called to XX house ‘to move me on’ while I was there to burn it down with five gallons of avgas or was it mogas you were told by whom, Mr Dicken?
I saw, whilst in custody and refused a copy of XX ‘signed statement’ stating something like that in your letter and one from his wife am now told, Dr ?, of their complaint dated in JUNE or JULY 2012.
A Complete tissue of lies, once again, was it not, Mr Dicken, I have experienced so often in your law courts as an Englishman trying to practice veterinary medicine in in South Wales.
Is that why, Mr Dicken, the South Wales Police had me gaoled in all those prisons around England and Wales for months and months, to further frustrate the civil hearing, that 2012 term with your lot never intending of ever taking the case to court, of course, as these evil little lying little types also knew I had never even been to XX’ house nor did I have the remotest idea where he lived or wished to know.
BUT you HM CPS lot, also immune to prosecution, usually, in Capital Tower in the centre next to Dolmans, this civil case made you lot in potential trouble with what was coming out of Seys Llewellyn QC ‘s ridiculous trial with me denied public and MAPPA records.
”’HAVE YOU READ THE 250 odd PAGES OF A ‘DOG’s Dinner’ — the judgment… anything to cover your colleagues day to day oiling of the tax payer funded gravy train.
I arrested CPS Stan SOFA , remember and Inspector Andrew Rice who arrived just to confiscate the ccps file of yet another collapsed corruptly put together one (a mirroe image of the ‘smuggling pigs in Ireland case charged under the Anti-terrorism Act….Seys Llewllyn QC ignored that gross malfeasance of so many in the roonm when sgt hil or Andrew Rice ,again, rushed in only to confiscate that CPS file
Dear old Brian Rix could mad a meal of that one as the HM Court staff ran a mile while I tried to grab pc murphy by the scruff for falsifying my aviation records during the court recess,
I can imagine the temporary traffic lights set up, during the civil trial between your CPS office tower and Adrian Oliver of Dolmans office in rush hour, central Cardiff, with hoards of clerks and police men scurrying to dodge the traffic all loaded up with huge piles of court files to shred or burn and alter all rushing back and forth to both offices across the street to further prevent more damge of the general public becoming aware of ‘what really goes on in our law courts.
Why do you think the police, in my 3rd breach jury trial in March 2014 with Judge Roland, spent all that time on the phone calls baiting me due to my accent and living be different standards,
AND the malicious phone call I am supposed to have made when well over the limit!
Why do you think the police withheld all those phone calls from the jury and me and YOU to prosecute me?
Why do you think the police waited until I walked down the main Barry street that night and bought too much alcohol due to your bread and butter bastards, you must always keep in with, filmed me to the shop and back and waited for me too drink far too much and go to asleep on the setee in Tynewydd Road?
For sufficient time for their ‘agent provocateur’ to wake me up and provoking a tape for the 3rd jury
So bring on the 4th jury, Tony and let us see how many corrupt little bastards in your cess pit of a work place all clambering for judicial autonomy for self centred extra power all at the community’s loss
BUT only if you let the next jury, as the last two were not allowed to see ‘bugger all’, see:
- the complete court records of the 1st December 2011 harassment of dr TW conviction before judge Charles and
- those of the Crown Prosecution Service and
- Geoamey Custodial Services and
- South Wales Police of my immediate gate arrest while in my wheel chair and
- and for the clerk, Mike Williams, Lee Barker, XX, CPS prosecutor, David Gareth Evans be called as witnesses and
- Ms Thomas from the Criminal Cases Review Commission who has nut an bolt step by step, by now, on how judges in Cardiff aided the re writing of so many court case records over the last 24 years to protect the joint pensions of their cosy relationship with the south Wales Police refusing throughout the past 20 years of release the standard record a prisoner from the moment he is targeted for bullying.
This document will bee 100 pages long if you give me time to write it on a computer?
S Ampem Esq (1CF03546)
The Criminal Appeal Office Maurice Kirk A7306AT
London HMP Cardiff
England South Wales
29th May 2014
My ref: A7306AT
Your Ref: 201402428 C1 Cardiff Crown T20131144
R v MAURICE JOHN KIRK
Appeal re 3rd ‘Breach’ of Restraining Order Conviction
PREVIOUS GROUNDS INCLUDE
- Refused medical attention throughout custody
- Refused bail/HDC despite granted in principle
- Refused process of legal aid form
- Refused access to lawyer in custody
- Refused access to legal papers in custody
- Refused glasses in court
- Refused access to copy court tape/tape record/court log
- Refused access to legal papers in court
- Refused right to interview defence witnesses in custody
- Refused access to own funds for preparation whilst in custody
- Refused outstanding relevant appeals/applications to be heard first
- Refused adjournment/change indictments/re trail re mid trial judge’s direction
- Refused the right to call defence witnesses
- Refused the right to cross examine
- Refused opening address
- Refused ‘no case to answer’ submission
- Refused ‘abuse of process’ application
- Refused ‘bad character’ opposition submission
- Refused adjournment re switching of trials
- Refused compensation re switched trial withdrawn#
- Refused prevention of police confiscating court exhibits
- Refused prevention of police causing passport confiscation
- Refused prevention by police to prevent assaults in prison
- Refused trial transfer outside Cardiff to prevent defence witness intimidation
- Refused both primary and Sect 8 police disclosure despite promises over 22 years, by countless judges, magistrates, South Wales Police and CPS staff
- response to applications made to HMC&TS in Cardiff Courts
AND there was relevant misdirection of both HM Prosecutor and jury.
SAMPLE OF FAILED PRE TRIAL DISCLOSURE
- Refused named lawyer, whist in police custody, because ‘not on the list’
- Refused in interview, under caution, as to why complainant’s UK solicitor, on 4th October 14, had expressed his client’s reluctance for another jury trial
- Refused copy of interview DVD (still refused facilities to even view it)
- Refused both witnesses and legal papers at magistrates committal proceedings
- Refused BAIL again based on fabricated and distorted antecedent history
- Refused facilities to defend following Nov County Court’s directions to prison
- Refused copy of 3rd Jan 14 Crown Court YJCE Act CPS legal submissions
- Refused BAIL despite HHJ Neil Bidder QC’s directions to find a bail hostel
- Refused Home Detention Curfew (HDC) tagging with no reason given.
SAMPLE OF FAILED DISCLOSURE DURING TRIAL
- Refused ‘arrest’ data on Barry Police Station CCTV, PNBs & Reception logs due to hour’s imprisonment prior to 14th October 14 arrest of their victim
- Refused BAIL despite HHJ Bidder QC’s 3rd Jan 14 directions to find a hostel
- Refused Home Detention Curfew (HDC) tagging following conviction
Despite receiving 2nd May 14 HDC Eligibility Notice, on the16th, the prisoner is again refused release (ON LICENCE), on 29th May 14, following directions from a Governor Sarah Rowe of Offender Management Unit (OMU) HMP Cardiff
SAMPLE OF FAILED DISCLOSURE AFTER TRIAL
- Refused the reason as to why, during 10th December13 Cardiff magistrates hearing and at its part heard deliberatively delayed Crown Court Appeal, relating to an arrest of a prison officer David Rogan, someone had ordered Governor Rowe to continue withholding my passport ever since my release last September. Since last August OMU has refused, until today, to respond to my numerous applications for reasons for withholding my passport/bail/HDC/ and way my category HIGH RISK/MAPP level 3 ever came about.
- Also why, recently, the phrase ‘sex offender’ has crept onto my PNC and other police documentation liable to go before any lay magistrate for bail consideration?
- Refused disclosure, today, of who continues to over rule His Honour Judge Seys Llewellyn QC’s November 13 directions to HM No.1 Governor, Mr Steve Cross and why not allowing reasonable facilities, such as simple down loading a CD of urgent court data for posting.
- Is this HM Partnership at work again?
- Once printed copies have then been posted back, for signing, by helpers to a Claimant in already blocked civil proceedings, then and only then may there be the chance of them being posted, via prison and police censorship, to the respective courts all featuring in this brief ‘position statement’ re Article 6.
- Following a series of Cardiff Crown Court Judges reluctant to direct either GEOamey Custody Services or HMP Cardiff , as recorded on transcripts from the ‘Machine Gun’ Trial, ‘Harassment’ Trial, ‘Harassment’ Appeal, 1st ‘Breach’ of Restraining Order Trial, the withdrawn 2nd ‘Breach’ of a Restraining Order Trial, Arrest of HM Prosecutor part heard Appeal, Arrest of a Prison Officer Trial, also part heard and now 3rd ‘Breach’ of a Restraining Order Trial on appeal to the Criminal Court of Appeal, then just who is ultimately in charge of our law courts in The Principality seeking autonomy?
(This list is far from being exhaustive)
More drafted ‘grounds’ for bail & ‘leave to appeal’ as HMP conditions allow
- Any white Caucasian born English and incarcerated in HMP Cardiff without any lawyer of the correct persuasion will face the inevitable ‘invincible prejudice’.
- Add this to the HM Prosecutor’s arrest and subsequent arrest of a prison officer, for deliberately withholding this Appellant’s passport for the Chief Constable, then there is bias with the very real risk of it being throughout the Welsh judiciary.
- I have been denied law books or even access to the prison library this year or even a fundamental clinical examination for reading glasses asked for since 16th October, last year.
- There continues to be non compliance of His Honour Judge Seys Llewellyn QC’s directions in providing basic facilities for the prisoner to conduct his prosecution
- I can do nothing more, whilst in custody, in avoiding still further delays in lodging this appeal or expediting civil proceedings unless I am transferred outside the area as the HM Prosecution seem so easily to do when avoiding local publicity.
- Disclosure now, of both transcript and clerk of the court’s notes of the original ‘harassment’ 2011 Cardiff magistrates hearing, comes far too late for either jury.
- Despite assurances from both HM Crown Prosecutor and His Honour Judge Andreae-Jones QC, in my 29th March 14 Bristol Crown Court appeal proceedings, A20140082(arrest of original prosecutor), I remain denied copies of relevant police, GEOamey Custodial Services, Crown Court, Magistrates records none of which being eligible for public interest immunity (PII).
- On the matter of outstanding court disclosure I continue to be denied copy, despite promises by various Cardiff courts, of the T20110090 4th May 12 jury trial and 1st December 2011 court exhibits confiscated, my sister was told, by the police when needed, this time round, for cross examination of the two key witnesses.
- I am, for example, promised Defence Exhibit, D2 (T20141144) clarification and for it to be ‘openly’ investigated by the Bristol HM Crown Prosecution Service.
- Should this random magistrate’s extract of public court record with other associated undisclosed court rulings on police records, all relating to the original seven harassment allegations, ever be disclosed then there will be no need for imprisonment or an appeal?
- Evidence yet to be rung out of the Bristol Crown Court Appeal A20140082 (Cardiff A20130139) hearing, the ‘private arrest of the original HM Prosecutor’ is deliberately being delayed for this London appeal, their usual tactics.
- It is not dissimilar to reasons why all previous court cases diverted to England were buried. I had received a suspect leg fracture, in 2010, from being pushed down the Cardiff Crown Court steps by an ex South Wales Police, Derrick Hasan, immune, by HM Partnership, to any risk of prosecution. That case was delayed for over two years to ensure its maximum effect in successfully opposing bail.
NHS (Wales) ZERO TOLERANCE POLICY (1CF03546)
- The next 2012 case, again on the same subject of fabricated NHS (Wales) patient records, included an already booked November jury trial for the alleged ‘2nd breach of the restraining order’. Similarly, it was delayed for as long as possible to ensure another protracted incarceration without the remotest chance, from the very start, of the usual police MG 11 MG 6c & d etc audit trial being disclosed as the psychiatrist’s statement was again proved false but this time for a very different reason entirely. None of the deposition papers were allowed by the last trial judge despite written assurances to defence lawyers by the prosecution.
- Cardiff A20140005, the ‘arrest of a prison officer’, is also relevant for this appeal preparation and explains why, purely for HMP Cardiff staff protection, it is also adjourned without bail, the subject granted, in principle, in January and now tag eligibility both over ruled by dark forces.
- A familiar trick used this time, by switching the ‘also ran’ squatters’ jury trial (T20130801) without adequate notice, is an example to any still bemused website reader of tactics played to help lubricate ‘gravy train’ and protect state pensions.
- Delay of ‘due process’ in these past five years was only to prejudice damages claims, BS614159, the ‘machine gun’ claim, NHS (Wales) claim 1CF03546 and many more currently stayed by the court. See enclosed 8th Oct 2008 letter below.
- This March jury, part way through the trial, was told to decide whether or not there ever had been a 1st December 2009 dated ‘Restraining Order’ and if so, was it served on me personally on 1st December 2011. Whether it was by Lee Barker of Geoamey Custodial Services while the clerk of the court, Michael Williams, was hiding in a cell near by for his own safety appeared not to be relevant.
- If it had not been for this good fortune for both prosecution and defence, by His Honour’s unusual ‘redirection’ of a jury as to what they were really there for, the prosecution barrister may never of achieved a conviction. It was inevitable, however, the difficulties this new evidence has caused, hidden since 1st December 20011, will now feature in cases to come, some not even on the charge book yet.
- Until His Honour’s interjection the defendant was heading for a likely acquittal due to apparent confusion and lack of real evidence for it to be safe to go before any jury. The defendant clearly now had a duty to give evidence and call witnesses if only to try and clarify the issue on the indictment despite opening up the only opportunity left to him to uncover the now compelling evidence proved to have been unlawfully withheld from the previous jury.
- This conspiracy to ‘pervert the course of justice’ dates back long before the 2010 ‘machinegun’ trial when CPS (Cardiff) first abused the use of The Youth Justice and Criminal Evidence Act 1999 before both His Honour Judge Paul Thomas QC and His Honour Judge Neil Bidder QC, anything to delay my release from gaol.
- 2009 courts had a written submission that I was medically unfit to cross examine either police or their own psychiatrist. This currently adjourned Bristol appeal as His Honour Judge Andreae-Jones QC so succinctly put it in the dying seconds of the 29th March hearing, stated the promise of its disclosure rests with an ‘officer of the court’. Whether he meant in England or in Wales is of no surprise as his own Court Order, to disclose the usual list, is well past its ‘sale by date’.
- The manner in which this conspiracy was first concocted remains the ultimate responsibility of an external police force and senior police officers responsible for the painting of the ‘WW1 Lewis Machine Gun’ just a few months earlier. Despite having painted her a different colour, in an attempt to fool the jury, the latter, we are told, had already decided on the very first day of evidence.
- Until the IPCC or some law court eventually finds the moral fibre to intervene then the currently censored world wide publicity may no longer be guaranteed.
- The significant absence, since 2010, of any police records covering the alleged ‘harassment’ incidents, court and custody reports or CCTV coverage is of no surprise to this victim’s experience of South Wales Police’s continuing bullying.
- Not a jot, not even an iota of contemporaneous note of their victim’s unlawful detention, in Barry police station, on14th October 13 would the trial judge allow to be disclosed. My reporting of crime, affecting the suspended civil damages claim, should have been recorded again, twice in within a week!
- Why is the victim now onto his sixteenth judge, in this matter and one who also appears to be reluctant to comment on the merits of section 1(3) a), b) and/or c) of The Prevention of Harassment Act 1999, summarised as, ‘a course of conduct to detect or prevent crime’ being a possible defence.
MISDIRECTION OF JURY
- Imagine, please, the situation following the judge’s redirection of an already apparently bemused jury. At such short notice, therefore, I was now forced, despite facing particularly unfavourable custodial conditions, controlled entirely by the prosecution, to:
i). Change the cross examination requirements of each prosecution witnesses where not too late,
- ii) give evidence myself but clearly restricted without access to the considerable documentation and witnesses one always needs to corroborate such compelling evidence of such wide spread nefarious conduct,
iii) find from my ‘fish tank’, if allowed the spare nana second, any potential defence witnesses that just maybe within shouting distance through the crack in the glass. Out of sight due to the specially designed public gallery?
- The Defendant’s denied ‘opening speech’, ‘no case to answer’ or ‘abuse of process’ submissions, as to what this case was really all about, without proper court and police disclosure, suggests another jury trial to have my medical records corrected so I may, anywhere in the world, practice veterinary medicine or legally fly an aircraft.
- It is fact, not fiction, that the current part heard civil damages claim indicates well over 80% of all previous criminal allegations, brought by the South Wales, have eventually collapsed once there was proper disclosure of relevant facts.
- District Judge John Charles’ original 1st Dec 2011 Section 2(1) Prevention of Harassment Act 1997 conviction hearing recorded numerous disclosure application needed and applied for again for the subsequent 1st March 2012 appeal before His Honour Judge Hughes.
- All this was now again relevant as to whether the ‘Restraining Order’ had ever been served, the main reason behind Her Honour Judge Eleri Rees’ agreement, last September, that the case needed to be heard BEFORE this last jury trial.
- PACE 1984 and Serious Organised Crime and Police Act 2005 support both reasons and the right to arrest, in these two particular cases, as David Gareth Evans was aware of the relevant facts he knowingly withheld from several courts.
- Both magistrates’ clerk, a Mr Michael Williams and GEOamey Custodial Services manager, Lee Barker, gave conflicting evidence, not just at the 1st jury trial but again this 3rd one. The jury was again refused the CCTV footage, ‘vue de justice’ or even the plans of the custody suite lay-out to see the prosecution evidence was utterly ridiculous. The front page of the prisoner’s 1st Dec 2011 Personal Escort Record form (PER), alone, explaining why there could not of been any ‘licence’ in existence, to be signed by me, must have been be sufficient to explain why the police confiscated all court exhibits, mid trial, used for the previous jury.
- Why has the prosecution never questioned my evidence as to what actually occurred in the magistrates’ cells that day? Not only was it all witnessed by other identifiable GEOamey custody staff, at the time, it was also caught on CCTV, its very purpose for being in my segregated number 3 cell with a second camera right outside its door! Why is there no record of the ‘service’ of a court order from any one else or in either clerk of the court’s notes or in the PER, the latter recording instead, ‘refusing to sign licence’ that has now been proven to have never existed?
- Comparison between these key prosecution witnesses’ transcripts, with their conflicting evidence each time, is sufficient to warrant a police investigation.
- My numerous CPS requested sect 8 disclosure applications is a matter, mean time, for David Gareth Evans, the complainant, shortly to be heard in Bristol Crown Court unless if I am forced to withdraw my appeal.
- The 2nd jury trial, listed for a date in November 2012, was aborted once their chief forensic psychiatrist’s July 2012 police statement had been leaked to the media.
- 2012 Cardiff Magistrates ‘post conviction correspondence’ flurry, between Cardiff Crown Court, police and the same HM Prosecutor, the latter shortly to give evidence in Bristol, declared I was not allowed:
- a copy or sight of any original magistrates court records
- to ‘vary’ the terms of 1st Dec 2011 Restraining Order
- under YJCE Act, the right to cross examine in 1st March 12 Appeal
- any witness summonses issued in 1st March 12 Appeal hearing
- under YJCE Act, the right to cross examine in 3rd May 12 jury trial
- any witness summonses issued in 3rd May12 jury trial
FABRICATED MEDICAL EVIDENCE
- Witnesses refused included the doctors that had carried out my August 09 brain scans contradicting the police psychiatrist’s quite unqualified reports when police applied with them that I be incarcerated in Ashworth Hospital, indefinitely.
- Doctors’ evidence from The Princess of Wales Hospital opinion was further questioned by a leading Southampton University neuro-radiologist, concerning my August 2009 brain scans. This report remains buried by Cardiff Crown Court..
- 18th September 2009 similarly fabricated e-mail to Dr Ruth Bagshaw of Caswell Clinic by Professor Rodger Wood, of Swansea University, remains buried quoting his ludicrous ‘clinical examination’ revealing my ‘significant and irreversible brain damage’, diagnosed by his colleague was, caused by:
- i) my ditching aWW2 D-Day Piper Cub in the Caribbean
- ii) after flying to Australia in the Cub without a map and
iii) having been a ‘long time drinking partner of Oliver Reed Esq, actor.
- This Applicant therefore filed Judicial Review Applications with Administrative Court and Court of Appeal to commence another audit trail of intrigue and subterfuge simply in the pursuit for reasonable disclosure of public records.
- Fortunately this delay has at least caused disclosure, too late for trial, of the police psychiatrist’s July and August 12 witness statements, sufficient to having me gaoled again and with a November trial listed for the 2nd proposed jury trail.
- It was not until the content of both his statements were passed to another was it officially accepted the psychiatrist’s evidence was again fabricated causing my eventual release but he only being suspended on full pay and eventually sacked.
- To avoid the police psychiatrist having ever to face cross examination for his continuing conduct he had been granted immunity to prosecution by the Crown Prosecution Service (Wales) supported by the General Medical Council influenced, it is believed, to current area NHS ‘zero tolerance’ and South Wales Police ‘shoot to kill’ policy problems in South Wales.
- The 1st December 2011 ‘court records’, as an example, included a ‘brown envelope’ of instructions to the District Judge sealed by His Honour Judge Llewellyn Jones QC even before this Applicant was allowed to give evidence, have pen and paper in his ‘fish tank’ or even any of his legal papers.
- His Honour Judge Llewellyn Jones QC had earlier sectioned me, under section 35 of the 1983 Mental Health Act and had me transferred to South Wales Police’s Caswell Clinic, Bridgend, psychiatric hospital and the start of these five years of terror for both me and my family.
- The subsequent 2012 JRs, IPCC and GMC audit trails include Magistrates’ Anna Rudolph’s communications with secretary to His Honour Judge Seys Llewellyn QC, current trial judge to the Applicant’s suspended civil damages claim against the police. She appears to explain (e-mail July 2012), perhaps, why no ‘Restraining Order’ was ever served in the Cardiff Magistrates cells in the first place with her also not finding the hand written draft of it on court file.
PERSONAL ESCORT RECORDS NEW EVIDENCE
- This new evidence, including the original Personal Escort Record (PER) forms from HMP Cardiff, discloses not just why the final version of any ‘restraining order’ was never served in the court cell on 1stv December 2011 but also, from one of the deliberately undisclosed four pages, it clarifies why I has detained unlawfully in custody for several hours despite having been released by the court.
- It was not until a later, on 24th December, that may have been a version was pushed under my police cell door, in the small hours, after I had been, the day before, arrested for breaching it!
- Delay in lodging an Appeal Application has, at least, caused me to obtain 3rd May 2012 Mackenzie Friend’s witness statement (exhibit refused by trial judge) originally served on Professional Standards Department at South Wales Police HQ and the equally dubious organisation, the IPCC (Wales) based in Cardiff.
- This friend’s statement also records he witnessed the subsequent 1st March 2012 Crown Court Appeal, the police first telephoning me of the very existence of any court order around 12th December 2013 and was again in court, on the 3rd May 12, during my 1st jury trial, when both he and all the other defence witnesses were denied right to give relevant evidence. This witness heard David Gareth Evans, the HM prosecution barrister admit that he may have the part hand written draft that was briefly produced inside my cell by Lee Barker.
- Reasons for my current delay to your court are remarkably similar to those in my 3rd May 2012 1st ‘Breach of Restraining Order’ (T20120090) application but, this time, far worse.
- The Crown Prosecution Service, this time around, has cited my original ‘grounds of appeal’, before Lord Leveson et al (201203241D), in the March 2012 Appeal, by down loading them from the internet. The prosecution exhibit (Exhibit: Pros 3) contained my legal submissions to the 2013 Criminal Court of Appeal.
- For me to send again the completed NG form first to Cardiff Crown Court is, may I suggest, adding further insult to injury following the deliberate delays in the past over the July 2010 ‘Contempt of Court’ appeal originating from the fabricated ‘machine gun’ trial when the police had painted the antique a different colour just to try and fool the jury. On that occasion I was pushed down a flight of court stairs by a court official, an ex police officer called Derrick Hasan, whist I was on sticks, to sustain a broken leg!
- HM Court Service (Wales) has their very own special ‘agenda’, where I am concerned, as illustrated in the sequence of 2003 HM Treasury Solicitor letters between Cardiff Court Managers, Messrs Luigi Strinati and Neil Pring. My numerous files going missing, between Cardiff and Whitehall, in my currently adjourned BS614159 Kirk v South Wales Police damages claim, is only part of the conduct surrounding their failed ill informed attempt in having me registered as a ‘vexatious litigant’.
OCT 2008 DISCLOSURE APPLICATIONS TO CHIEF CONSTABLE
- My 8th October 2008 Disclosure Application Letter to the Chief Constable, simply asking for primary disclosure on over two hundred police incidents against me and the effect it caused is a key document to anyone still in doubt about the amount of tax payer’s money the police are prepared to spend just to safe guard their pensions.
NHS LEGAL SUBMISSIONS
- The NHS lawyer’s 13th December 12 Written Submissions, to both HM Crown Prosecution Service’s Mr Dicken and later to Cardiff Magistrates have now been disclosed. Secretly but successfully, private lawyers for both police and NHS blocked my several applications to vary the ‘Restraining Order’. It further reveals the conspiracy surrounding a blackmailed forensic psychiatrist being used to falsify my forensic records for Ashworth psychiatric hospital, Civil Aviation Authority (CAA) and Royal College of Veterinary Surgeons (RCVS).
- For this Applicant to is to Appeal now, ‘out of time’, if his original appeal letter to Crown Court is no longer accepted, despite being sent within 28 days, is disappointing in the light of all the current circumstances.
- My four year blocked NHS Damages Claim 1CF03546, including the police psychiatrist and Swansea University professor, continues to seriously prejudice all current criminal proceedings and explains just why it is stayed.
- The danger remains of the continuing damage these psychiatric reports for the rest of my life.
- Until the unqualified author of these erroneous psychiatric reports is finally challenged, on oath, explaining as to just how he came to write such lies, having been assured they were only for the court held in secret and without me, this litigation as at risk of becoming somewhat protracted.
GUILTY PLEA IGNORED
- Until such time as my several indications to offer a ‘guilty plea’ due to my apparent misunderstanding of sect 1(3) a) b) c) of The Prevention of Harassment Act 1997 or my medical records are corrected or clarified then this war of attrition for the truth will not abate.
Abuse Use of Youth Justice and Criminal Evidence Act 1999
- Sect 34, 35 and 36 were all successfully applied, under Youth Justice and Criminal Evidence Act 1999, on at least eight occasions, reliant on evidence in Bristol Crown Court shortly due to heard in Bristol Crown Court before His Honour Judge Andreae-Jones QC’s following his Court Order.
- On 14th Oct 13, shortly after 9am but before my arrest and caution in Barry police station, I was unlawfully detained for a period in the region of one hour.
- HM Crown Prosecutor, David Gareth Evans, was due to have his YJCE Act written legal submissions disclosed at Cardiff Crown Court at 10.30am that same morning. He was to argue as to why I was not fit to cross examine him in the forthcoming Bristol Crown Court appeal following his arrest concerning his conduct relating to both 1st Dec 11 ‘harassment’ conviction proceedings and subsequent 4th May 2012 ‘breach of a restraining order’ conviction.
- David Evans was to apply for Cardiff Crown Court to appoint a lawyer on my behalf. Sections 37/38 were abused from the start and on numerous occasions concerning the conduct of appointed solicitors, all strangers each time to myself.
- David Evans and or court was aware or should have been of agreed cross examination questions between myself and court appointed solicitors before 2nd November 2010 and November/December 2011 hearings and the latter’s subsequent appeal on 1st March 2012 re harassment conviction.
- David Evans and or court was aware or should have been and failed to act as an ‘officer of the court’ following a Newport solicitor conducting no cross examination what so ever in a Cardiff magistrates’ micro seconds disposal of a ‘failure to attend/common assault allegation’ hearing and again when the Swansea solicitor failed to seek any section 8 or otherwise disclosure prior to the police psychiatrist giving evidence.
- Police psychiatrist’s 2009 MAPPA reports were written with neither appropriate qualifications nor concern for the obvious collateral damage they would cause. ‘Possible cancer’ (see 2nd Dec 2009 transcript), referred to by the then HM Prosecution barrister, Richard Thomlow, further conflicts with 30th Aug 09 Princess of Wales Hospital brain scan and 1st December 09 Southampton University privately commissioned report indicating to the court appointed solicitor, Mr Vincent Williams
- Exactly the same situation was repeated at the 1st March 2012’s subsequent appeal by Vincent Williams again failing to challenge any of the erroneous medical evidence even before another CPS barrister ultimately responsible.
- YJCE Act 1999 has been regularly used by the CPS since my clandestine ‘machine gun’ MAPPA 2009 registration. During 25th January 2010 Cardiff Crown Court trial, re breach of sect 5 of the Fire Arms Act 1968, its purpose was to prevent my cross examination of the real ‘Foxy’ prosecution witness, a female police officer who had first spoken to myself on the telephone as an ‘agent provocateur’ while posing as a purchaser of prohibited weapons.
- The under cover police officer, purported to have been ‘Foxy’, gave evidence behind a screen declaring it was male.
- On the last day of trial, on 10th February 2010, with the main prosecution witness having been withheld for as long as possible the ‘officer in charge’(OIC) for the then Chief Constable, Barbara Wilding, instigator of the Metropolitan Police’s ‘shoot to kill’ policy in South Wales, was fortunately spared the critical cross examination for acquittal.
- Almost every one in the public gallery and those remaining in the prosecution witness waiting room knew the obvious awaited question following my refused application, at the commencement trial, when asking to inspect Exhibit One, the WW1 relic lying on the table directly in front of where the jury were to sit.
- My 8th Oct 2008 Disclosure Application letter to Barbara Wilding, following the most recent forty incidents or so police bullying incidents, caused His Honour Judge Nicholas Chambers QC’s November 2008 Court Order that may have influenced her resignation letter. At the same time, I was referred to FTAC, interviewed but registered MAPPA level 3 without my knowledge until told after 17th Dec 09 Crown Court proceedings (see transcript). MAPPA records disclose the view of having me ‘lawfully’ shot.
- During HM Prosecutor’s apparent questioning to now introduce April 2013 ‘varied’ Court Order, to the original 1st December 2011 ‘Restraining Order’, I was unable to hear or comprehended owing to my being forced to conduct my defence from a ‘fish tank’ without adequate audio facilities. Likewise, any possible rebuttal by legal argument over the manner of ‘bad character’ introduction, by prosecution submissions or innuendo to affect the jury, also remains inadequate from ‘grounds of appeal’ for my failing to hear enough of what was said.
- I failed to hear more than 20% of most days proceedings due to the overriding physical impairment now confirmed by external medical attention denied me from the very first day of incarceration.
- Denied the right to:
- an ‘opening address’ for a case so unusual,
- a ‘no case to answer’ submission or
- an ‘abuse of process’ application left this hearing unsafe to have been put before a jury unless, of course, the Defendant had been given proper disclosure of public records then no trial would have been required.
- David Gareth Evans, after the November11magistrates trial had already started, therefore interjected the additional ‘allegation’ of harassment (3rd on judge’s amended court list), a Royal Mail franked and posted ‘WANTED poster’ letter to the ‘complainant’ doctor. Their victim was denied sight of ‘envelope’. Owing to the deliberate variation of Wanted posters and to whom they were to affect David Gareth Evans, part way through summary proceedings also attempted to switch exhibits in number (4) of 10th Nov 11 district judge Charles countersigned amended charge.
- Number (4) on the list of allegations of ‘harassment’ was in relation to my 5th July 2012 visit to Cardiff Central Police Station with signed statements from a Lincoln shire Air Museum. Both pilots and registered CAA aircraft engineers had agreed with me that my once owned ‘WW1 Lewis machine gun was exempt of section 5 of 1968 Fire Arms Act, in any event. Also, she had been returned, after the jury trial, a different colour to when the South Wales Police first confiscated the aircraft component.
- Despite their victim obliged to withhold both these fundamental facts from any pre-trial proceedings, in the misconceived belief the police bulling would now stop, he was, in any event, acquitted with the usual ‘no costs’ awarded.
- HM Crown Prosecutors, in turn, withheld the fact that the ‘envelope’, in which the ‘WANTED’ poster was purportedly contained therein carried relevant evidence on its outside explaining why witness summonses, on behalf of myself, to clarify, were so ardently but successfully resisted before Their Honours Judge Hughes, John Curran QC, Neil bidder QC and most recent trial judge, Judge Rowlands QC.
- As with this earlier but similarly vital ‘interjection’ for a conviction, by being memorably recorded in the Glamorgan Gem, so the latest will be best remembered by look of astonishment, at the time, it had caused on the prosecutor’s face.
- So why did both NHS(Wales) and The Chief Constable need to employ just so many private solicitors and private barristers to sit in and witness all those subsequent criminal proceedings caused by such a fictitious allegation in an attempt to deflect public interest in incorrect medical records.
- Whereas evidence by the police psychiatrist, indicating that I should be transferred to a maximum security psychiatric prison, has never ever been allowed to be challenged in court like wise, the Claimant, identified in the 8th October 2008 disclosure application letter to the Chief Constable, copied below, has also never been cross examined on his insistence that he never received, had sight of or knowledge of its existence, on 1st December 2011, while unlawfully incarcerated in Cardiff magistrates cells despite having been released from any further custody by the court.
The South Wales Police
Barry, Cowbridge, Fairwater, Cardiff Central, Rumney, Bridgend and Ely Police Stations
8th Oct 2008
Discovery and Inspection of Documents
I require, at your earliest convenience, inspection of documents discoverable under the law, including general Orders and ancillary documents created by the south Wales Police following the 200 incidents/arrests cited in the 5 actions:
Kirk v South Wales Police Actions of Harassment
Any delay may lead to an application to the court.
The first 3 Actions listed need only be dealt with first in time for next court date of 17th October 2008
Copy to John Smith MP
- Since The Claimant’s 8th October 2008 Disclosure Application Letter to The South Wales Police the Claimant has never been permitted access to:
- any Cardiff court building unless named as a ‘party’
- any Cardiff court public counter simply to expedite outstanding litigation
- listen to any court tapes either due to clear omissions or additions found on official court transcripts often destined for higher courts
- inspect court records and in particular, the record of his own files having been sent to HM Treasury Solicitor with the view of having him registered as a ‘Vexatious Litigant’
- inspect relevant police records created by incidents and in particular when used for prosecution purposes and not protected under Public Interest Immunity (PII), MAPPA or any other disclosure legislation.
This ‘Position Statement’ for numerous suspended cases, long outstanding applications for disclosure and permission to appeal to Criminal Court of Appeal has had to be re dated for weeks.
Until such time as this prison allocates staff to briefly supervise this letter with numerous others, having waited months, to be just downloaded onto one CD and posted I will remain unable to expedite, of course, this politically sensitive litigation.
No HMP laptop yet issued or photocopying and printing allowed, even at my expense.
Maurice J Kirk BVSc
His Honour Judge Seys Llewellyn QC BS61415+ Cardiff County Court
His Honour Judge Andreae-Jones QC A20140082 Bristol Crown Court
His Honour Judge Crowther QC A20140005 Cardiff Crown Court
Alun Cairns MP