‘Nigger in the Wood pile’
The deceitful Professor Rodger Wood of Swansea University who fabricated facts in my Caswell NHS (Wales) medical records to assist in my Ashworth incarceration only to redact and alter them as I had exposed both CPS and police corruption in my machine-gun trial with nine of jury then stating, afterwards, there was a police informer amongst them
The guidance on applying a ‘restraining order’ on Maurice Kirk
Making an application
Whilst a court can make a restraining order of its own volition, prosecutors also have an obligation to remind sentencing courts of the option of making a restraining order, including when the defendant has been acquitted.
The procedural rules for making applications are set out in Part 50 of the Criminal Procedure Rules. These apply in both the magistrates’ court and the Crown Court.
It is important that sufficient notice is given to a defendant when an application for a restraining order is made. In R v K  EWCA Crim 1843 the court ruled that a person to whom a restraining order is directed should be given a proper notice, an opportunity to consider what is proposed and to make representations at a hearing.
The need to give the defendant an opportunity to address the court whether a restraining order was necessary was again endorsed in R v Trott (Peter)  EWCA Crim 2395. The Crown offered no evidence and a formal verdict of not guilty was entered by the court. The Crown then applied for a restraining order. The judge remarked that the defendant should never been charged or committed but nevertheless granted a restraining order so as to prevent further trouble. The defendant appealed on the grounds that the judge had erred in law in imposing a restraining order and alternatively erred in identifying the factual basis for it. The court cited R v Major  EWCA Crim 3016 and R v K and ruled that the procedure followed by the court denied the defendant an opportunity to make any representations and accordingly quashed the restraining order.
Why the Machine-Gun Civil Claim MUST be Stopped and Court Records Shredded
This old 2007 claim for police’s continuing to bully, simply to frustrate the first three of my actions against them from ever getting to a civil trial originally started in the early 90s. The first three contain around 33 of well over, it must be, 150 malicious police incidents by now and only achieved by their withholding their records from any court as in England.
Now dramatically amended particulars ( See below) because of many reasons, as in the first three cases, my witnesses have died off, mentally ill or have emigrated with bulk unable to be found after 20 years!
The 30 odd, in this amended 4th Action, are mainly incidents omitted from within the first three’s time scale due to the usual failed police disclosure of the facts recorded in each occurrence numbered record stored in Barry police station. The Cardiff courts will stop at nothing to further delay my remedy, this civil action for damages before a jury as with the 2009 dreamed-up Chief Constable’s Machin-Gun/MAPPA conspiracy to falsely have me imprisoned and sectioned under the 1983 Mental Health Act as MAPPA 3/3 victim of the state for life.
I have been slow to realise His Honour Judge Seys Llewellyn QC has blocked its progress, personally, for 7 years based on the spurious argument I must have due to being so deaf, oh the court system cannot cope with so many claims from one person!!!! Mr Kirk, I now remember it say, you will have wait for the 1st , 2nd ,3rd , 4th and 5th claims have been settled before ;machine -gun case can progress!
What a load of bollocks….I had asked all my cases be transferred to England for all the bloody obvious reasons and refused every time for fear police disclosure would happen.
The Cardiff court appears to have also pulled another flanker recently and an exact repeat to its ‘mythical 1st Dec 2011 restraining order service on me in a court cell’!
Then, again, by hiding the truth by corrupting court tapes, losing my files and court exhibits, refusing release of both civil and criminal court logs or even allowing police to keep confiscated exhibits so the jury can never see them then nothing will stop for the next time with their arrogance and inherent deceit.
. Nothing is sacred in the Principality, remember, except for their quite un checked expenses perks, civil service and lucrative police pension funds.
Pulled a flanker, alright, by now telling the Royal Courts of Justice I am far too late to appeal to them as I received a ‘sealed judgment’ in October 2015 which is, in fact, quite untrue.
The court refuses to disclose how then, exactly, sight of the police corrected version of the Judges non approved version or even sight of the court log—-deja vu Guernsey’s Royal Court, RCVS hearing, Cardiff magistrates?
Reminds me rather of, ref RCVS RCJ ‘corrupted court tapes’, before Lord Justice Thomas over the sensitive matter of the college not wishing to admit, in law, it can not, ‘out of hand’ simply deny a veterinary surgeon his right to have his application, to be restored to the register, heard properly considered by a court.
The ECHR had already been tipped off with the legendry Ms K Reed (UK) in Strasbourg writing back and stating the Court of Human Rights will not consider any further applications in relation to the Royal College of Veterinary Surgeons —breath-on ‘HM Partnership’, as Patrick Cullinane Esq terms the cartel but with Brexit, unless a 2nd referendum, then their future conspiring against my children and yours is well assured.
Some samples from the truth behind some of these 33 incidents
Action 1 claim 8.6, 20 May 1993 arrest at Grand Avenue Cardiff. with no less than a dozen, my son Caspar tells me, of pre PACE 1984 gross infringements on a prisoner not even cautioned for an offensive weapon which is one of the reasons the ‘purported’ interview tape has just surfaced, no doubt, well doctored.
Action 2 claim 2-9th Feb1996 flight to Ireland ‘smuggling pigs’ Chris Ebbs alias Chris Alexander told the police causing the case to collapse having already warning London CPS lawyer, for the Anti- Terrorism squad of the ‘can of worms’ Cardiff courts can be so often.
Action 2 claim 5 2nd Oct 1997 speed camera St Nicholas F The practice ambulance caught speeding in excess of 90 mph , was it, see official Seys Llewellyn QC judgment that MUST never ever get to the RCJ. Stopped, apparently, to confirm it changed registered ownership, I think, three times in as many months from Marriane Fanshaw to Joseph F Bloggins to Amey Johnson or was it Buzz Aldrin., anything to delay the Welsh police shysters blocking my insurance in order to stop me working for the funds to fight them.
Action 2 claim 7 – 4 July 1999 the police helicopter Now that is what I call real danger! helicopter rotor blades less than 50 ft of my aircraft, the length of the court room, at low level and without radio contact… and.should of seen the state of my mate, Andy, in the front-seat, having only the week before obtained his private pilot’s licence!
Action 2 claim 6-16 16th March 1998 Southay Street Holmes Now this one was fun, with all relevant police records being expunged once damages were claimed for.
Action 2 claim 11 stop at junction of Newport Road and Albany Road Cardiff 5 April 200 The classic doctoring of police controlled videos —a ‘high speed car chase’ well caught on You tube showing how the main violence of the clumsily redacted assault by PC Osborne footage was clip out of how he actually had dragged me out of somebody’s car, the Arch-Bishop’s ?
Local lawyers, meantime, [over one hundred to date] are all ordered not to act for me except in the machine-gun criminal trial, of course, in order to cover -up the truth of the Chief Constable’s personal intervention after her court ordered to sign her own Dolmans, solicitors, fabricated 26th Feb 2009 sworn affidavit.
So what does she do, immediately hand in her notice to preserve her lucrative pension by secretly black-mailing poor old XX to have me registered MAPPA 3/3 so I may be ‘lawfully’ shot when trying to exchange the civil action witness statements.
When she saw, plan B, the machine-gun trial was doomed and then, in panic, having the antique gun painted another colour to try and fool the jury and falsified ‘Foxy’ telephone calls from the Barry police station pretending to want to buy my other one they never found in order to divert the flaws in the first lot of indictments.
When wicked Dolmans paid for by you, with your payments exempt from FOI I have since found out from a McKenzie Friend, then warns her I may not use their chosen lawyer to defend me, de bono, in the trial carrying its 10 year mandatory prison sentence.
[Was it really true the filming, shown to the well switched on jury, was done after an afternoon out with the dogs rabbit shooting so vividly portrayed on websites and my You tube site?]
Lawyers especially also refuse to me help me when any police incident reveals it to be HMC&TS that is implicated or culpable of some impropriety, putting it mildly! All are immune in Wales to any prosecution, even GBH as in Derick Hasan’s case when breaking my leg while trying to stop me getting copies of 1st Dec 2011 medical and court records used before HHJ Neil Bidder QC to get me to Ashworth for life.
Same records as used by Judge John Curran QC who openly lied to the jury (see transcript below) that there was no cctv recorded in the camera fitted no 3 cell ‘for psychos and very dangerous prisoners)or clerk’s notes of evidence and applications, all subject to appeal, kept of 1st Dec 12 quite farcical court hearing BUT proving XX, court officers and certain Geomey staff were lying with impunity.
Don’t worry, after Brexit, heaven forbid, the spineless’ small minded’ amongst them will have a field-day and at the public’s serious loss. Our judiciary requires European intervention right now or replacement of our greed driven system by the modern versions of what we were once proud of when exporting it to our colonies.
Why this was not heard earlier was that I had been tricked into believing it would be heard before a jury and by granting me one only for police to not allow a jury was exactly the tactic often see unfold in Guernsey when delaying each case an extra two years as in this one, five years, machine-gun case seven years, so far, anything to withhold the truth from the usual unsuspecting jury or Joe Bloggs.
THE CCRC have now admitted the court file content is significantly not what it was each time the Commission examined it over these past six years.
You must understand, ladies and gentlemen, this is only a war of attrition, except I am still breathing, as that is what they always do in time immemorial anything for ‘white collar’ to cover up their day to day antics at the tax payers’ usual expense.
No great mystery as my ‘gate arrest’, on release from 1st Dec 2011 cell in my wheel chair, for failing to attend the Musa case, as I was denied attending by Cardiff prison, two days before,from direct orders of police, as the ‘restraining order’ may of been the piece of paper 5 angry Geoamey guards were seen on video trying to stuff down my sock as they dragged me from my court cell and dumped me, unceremoniously, in the Cardiff magistrates corridor for the awaiting police to take me to London court.
Even from in prison I finally managed to get a message to get my sister of this transcript before it was redacted or their usual ‘corrupted’ ploy.
Lee Barker , the court accepted, served the restraining order on me into my hand before 1500 hours and in the presence of at least four other guards and the clerk of the court.
For five years I have been trying to get various law firms to acquire the police custody file to no avail.
Any ideas, any one?
To be continued