22nd July 2017
Lord Chief Justice uses Nightjack case to warn lawyers who mislead court of “exemplary punishments”
Lord Thomas said misleading the court was “regarded by the court and must be regarded by any disciplinary tribunal as one of the most serious offences an advocate or litigator can commit”.
” It is not simply a breach of a rule of a game, but a fundamental affront to a rule designed to safeguard the fairness and justice of proceedings. Such conduct will normally attract an exemplary and deterrent sentence”.
THE NATURE OF THE ACCUSED’S DEFENCE
The Accused relies on Sub Section 1 (3) (a) & ( c) of The Protection from Harassment Act 1997 namely that he had a reasonable excuse on the 27th February 2017.
In 2010 the Accused was famously acquitted of the Possession of a Lewis Machine Gun at Cardiff Crown Court despite the police relying on both the seller and the buyer of the aircraft, sold over a year earlier, when neither of these prosecution witnesses ever being in custody…..Could such a thing of occurred in an English court room?
The Chief Constable, bitch Barbara Wilding, had me registered MAPPA level 3 category 3 in order to attempt a ‘snatch’ of our daughter, Genevieve, by armed police and armed helicopter, on 22nd June 2009.
She had deployed, with ‘shoot to kill’ orders, 20 odd police surrounding our home pretending to be looking for a WW1 decommissioned Lewis machine-gun relic they damned well knew had been sold a year earlier when attached to my 2000 Farnborough Air Show 1916 replica DH2 fighter aircraft. Flown by personal invitation from old friend of Bristol University Air Squadron days, at Filton aerodrome, Brian Trubshaw, no less, 002 Concorde test pilot.
(Just caught her first huge carp in our Breton lake now up for sale to pay towards 25 years of court fees)
South Sudan Russian machine guns at my head and with North Kenya people devoid of most has caused me to finally reluctantly accept the Welsh judicial system stinks
A Madame Guillotine day diversion away from the welsh court stench or as Lars, my Kenyan mentor and inspiration to ‘just keep going’ might say, ‘when you go black you never go back'[!
Today, in Cardiff Crown Court I witnessed 12 barristers for 12 Defendants following the Operation Nightjar raid and is a reminder of a far more efficient and less costly judicial system with ‘Code Napoleon’ lost to us due to daft BREXIT
Family court demonstration, this week, seem to be on the increase due to their state run ‘gravy train’ carrying no accountability.
Extract of today’s email:
I did know hearing is at 10 .30 on Monday but more to the point I say again, I need my Dr XX / machine gun files, with you, first thing tomorrow morning as original witnesses to travesty of justice are travelling to give possible evidence on Monday……
Relevant witness summonses are with the court while I still await CCRC COPY OF ORIG Court records, I secured from my Cardiff prison cell in a few days after 1st dec 11 harassment conviction.
This was BEFORE CPS, POLICE AND HMC&TS conspired and ALTERED THE RECORDS to concoct the appearance that I neither knew of a restraining order in existence nor that I was served one.
TOO many immune to prosecution repeatedly lied in countless welsh courts ever since, following even the jury being refused the sight of public court records on 4th May 12, where it is the norm but the evil bstds also lied in my Bristol Crown Court, England, which will be their petard
DON’T forget, in March 2013, Leverson LJ et al admitted in Melling J judgment Their Lordships were denied the knowledge of either jury note requesting the bloody obvious.
Burnett LJ put it well in RCJ, in Feb 16 hearing, when both Janet Kirk and Mr T Ewing had been refused taking notes on my behalf in Newport Crown Court ( now for ECHR ) on the appalling state of Welsh courts.
THIS WITNESS, BELOW, WAS PHYSICALLY BLOCKED FROM GIVING EVIDENCE AT MY DEC 11 CARDIFF MAGISTRATES ‘HARASSMENT’ HEARING OF BLACKMAILED POLICE DOCTOR, DR XX, ITS 1ST APRIL 2012 APPEAL AND 1ST MAY 2012 ‘BREACH OF RESTRAINING ORDER’ JURY TRIAL
Initial Statement by XYZ of Cardiff regards Dr XX, now the sacked and deported chief psychiatrist of Wales but WITHOUT correcting my medical records
Court Appointed lawyer does not have the evidence that is essential for the cross examination of Dr XX.
- Time is needed to organise evidence in support of the defendant Mr M J Kirk that is essential for court appointed lawyer to use in the cross examination of Dr XX to expose Dr TW unusual dishonesty and malice.
- On 1 May 2012, the day before trial, the Crown Court told me they had asked Apex Chambers to provide Counsel as the Court appointed lawyer but no decisions had been taken on who would act. I need to provide very complex papers and there is now no time.
- I believe to proceed without my evidence that is needed to cross examine Dr TW would bring the administration of justice into disrepute.
- I ask that proceedings switch to focus on a re-trial of the original conviction of December 2011 & 1& 2 March 2012 because my evidence has been hidden from the Courts for their fair deliberations – despite my writing to the Crown Prosecution Service and attending both Magistrates Court and the appeal at the Crown Court. I was prevented from giving evidence on both occasions by improper ‘goings on’.
- The matter is so complex and lengthy I merely give the direction of my evidence at this time, and ask for time to submit more.
The direction of my evidence.
- I can confirm that Mr Kirk telephoned me on his release in December 2011 and when I pointedly asked him to detail the latest bail conditions or restraining order that he was under, that he was unaware of any restraining order.
- As in my attached letter to Mr M Curry Head of Unit at Cardiff CPS and a much fuller letter to Keith Starmer, Director of Public Prosecutions I can explain why Mr Kirks actions are reasonable and lawful and that not only should Mr Kirk not be convicted, but that Mr Kirk should not even be prosecuted.
- I wish to explain why I believe Dr TW and parties are dishonest and malicious.
Dr TW’s breach of a High Court Order restraining Dr TW from obstructing my care and harassing me – and how Dr TW misleads the Crown Court on 1 March 2012
- Please see where in the transcript of 1 March 2012 Dr TW tries to imply he has no one else objecting to his actions, when I have had take Dr TW to the High Court over his endless dishonesty and now seemingly a breach of his undertaking to the High Court. Dr TW and parties have interfered in Cardiff NHS very much to try to stop me complaining to the General Medical Council about him.
- I have had disclosure of Caswell Clinic papers to confirm that a multi agency committee has been meeting based around Caswell clinic to prevent anyone lawfully complaining to the General Medical Council about Dr T Williams. Before Mr Kirk’s alleged harassment charges took place, the committee detail how they aim to get those who complain about Dr T Williams imprisoned for many years. My and Mr Kirk’s initials are on the heading of the emails that organise the agenda of these meetings. (I have no criminal convictions/cautions by 55 years and am a well qualified professional man.)
- The Caswell clinic multi agency committee seems to have unreasonable influence and control over the Courts, CPS and Mr Kirk’s custody at Prison, to seemingly pervert justice.
- I am presently organising the complaints to the GMC for both Mr Kirk and myself. The GMC have confirmed that the GMC legal team have approved a larger than usual investigation will occur regards my complaint. I now start to explain the GMC about what Dr T Williams does wrong regards Mr Kirk:-
a) Maliciously denying Mr Kirk access to Caswell Clinic when the staff team of the Caswell had decided in writing that they wanted to build a therapeutic relationship with Mr Kirk. Yet when Mr Kirk would approach Caswell for staff to have opportunity to draw him in, Dr T W maliciously and dishonesty called the police etc.
b) I believe that Dr T W did this because Dr T W cannot discuss the close detail of clinical reports on Mr Kirk because the reports are seemingly malicious and unusually dishonest. Dr TW calls police and falsely alleges harassment to try to cover up exceptional wrongdoing of in bad faith trying to deny Mr Kirk’s liberty indefinitely.
c) That Dr T W refuses to receive questions and information to clarify or correct his reports. Dr T W refused to make a statement to explain himself in civil proceedings, to imply guilt.
Mr Justice Beatson saw an extract of what I believe Dr TW ‘made up’ about Mr Kirk.
- The evidence I wish Dr T W to be cross examined on is seemingly reliable of genuine concern. When I shared what I knew with Mr Justice Beatson on 19 January 2012 sitting at Cardiff Administrative Court he said in Judgement:-
“Some of the allegations that the Claimant (myself) makes about CPS policy, if supported by evidence, would be very serious. Today he has given me a swatch of papers about Mr Maurice Kirk, a litigant who is well-known in these courts. Mr EE relies on what he says is evidence that it was said that Mr Kirk was mentally unfit and had brain damage, which a summary of Mr Kirk’s record based on a surgery home visit report shows was not true.”
- I wish explain why Mr Kirk has not yet had a fair trial to explore what Mr Justice Beatson describes as “very serious” and “a ….report shows was not true”. Yet both the Crown Prosecutor and the Court appointed lawyer withheld my evidence from the appeal at Cardiff Crown Court. There are also more complex reasons why my evidence was withheld from the Court(s). I believe the Courts need to now switch to a re-trial and for the “first time” to explore how Dr T W and parties do wrong to Mr Kirk.
- As for example is in the attached one page extract of recent papers lodged at the High Court 18 April 2012, I am asking the High Court to refer the abuse of power (such as in Mr Kirk’s case) and where there is no Remedy for that abuse, to the Supreme Court.
EE 1 May 2012
CPS (WALES) HAVE ALWAYS HAD THE FACTS ABOUT THEIR PROSECUTING BARRISTER, I ARRESTED, SINCE THEIR BRISTOL BARRISTER, MR SMYTH, SAW 1ST DEC 2011 CLERK OF CARDIFF MAGISTRATES COURT ‘CONTEMPORANEOUS NOTES’ etc CONFIRMING NO RESTRAINING ORDER WAS SERVED ON ME IN MY CELL.
Just one of the ‘niggers in the welsh wood pile’ of inherent deceit driven by avarice.
CPS Barrister DAVID GARETH EVANS
Left 14th July Bastille Day Paris celebrations where I went to inform Presidents Trump and Macron of the dreadful move here in UK for Brexit and could they help us stop it?
I had to leave my ‘petit promenade’ around Versailles chateau to be in Cardiff court in time for the Crown Court hearing T20170239 only to find the case was cancelled and no one told me!
It will be this Monday, 24th July where all ARE INVITED AND I AM PAYING FOR THE USUAL LONG LUNCH!.
On next Monday I impart an ‘abuse of process’ application for Her Ladyship to deliberate upon in that:
- in 2008 I had obtained a court order that Barbara Wilding, the then Chief Constable will, by 6th January 2009, disclose police records covering in excess of 40 police incidents that were nearly all tantamount to harassment to interfere with my civil damages claims, started in 1993, following 33 failed police prosecutions.
- The Chief Constable therefore hatched the machine-gun conspiracy malicious prosecution and took early retirement in order to preserve her pension should her scheming goes ‘pear shaped’.
- She could not disclose, of course, police records or a lot of police officers faced long prison sentences so I resisted the mandatory 10 prison sentence, when had been promised by CPS by NOT doing what you must never do in any Welsh courts. You do not, I repeat, from my experiences helping prisoners in the local prisons, confide in your defence facts with a local lawyer all under the thumb of the notorious Cardiff cabal.
- She had me sectioned under the 1983 Mental Health Act, without examination by a doctor and registered MAPPA 3/3 (amongst top 5% most dangerous) on 8th June 2009 so that when I approached her to ‘exchange’ my 200+ lever arch files of incriminating evidence, as Claimant in my two million damages claim, I would be ‘lawfully’ shot by her pet ‘shoot to kill policy’ she had recently introduced into her previous Metropolitan Police force before her ‘promotion’
My photo of things the CPS chose to avoid:
To be continued.