Maurice's Blog

Last week Nick, the farmer, was waiting to plough as I bounced down his stubble field and flew off in the Cub past St Donat's Castle, out over Nash Point light house and across the Bristol Channel. I was bound, due South, for Devon to pick up Tim, my kid brother and then on to Stoke St Mary Woods, near Taunton, to scatter the ashes of both Mum and Dad.

I did not enjoy crossing those few miles of murky sea water at all especially when I had locked myself out of the house and unable to retrieve my satellite beacon, life jacket and flares. I had to make do with a five gallon drum and a length of rope round my waist. A shiver went down my spine as the engine coughed and spluttered momentarily, mid channel of course. Memories came flooding back of my ditching, earlier this year, in the Caribbean in ‘Liberty Girl', my other General Patton D-Day Piper cub and my freezing three hours, waist deep in a leaking life raft. "But enough of that," I thought, "I have serious work afoot".

Denis and Violet Alicia Kirk's remaining five kids were scattered from Jersey, Channel Islands, South Wales and West Devon to Canada, Rupert being in Dawson Creek and Christopher in North Vancouver. It was abundantly clear to me what had to be done. Mum and Dad needed to be back together.

Not only were Mum and Dad with me on that thirty minute flight but I also had the ashes of Mollie, my faithful old gun dog. She was named after Mollie, Dad's sister, a very special Aunt to us all. My ‘old ***', I remembered, had been in many an aircraft or perched precariously on a motor bike for shooting trips. As a six month pup we had flown to Brother Michael's wee air strip just outside Ballymena, Northern Ireland. Mollie had retrieved her first duck, first missed by me but knocked down by Dad, despite his failing eyesight!

 It was the last time we were to see Mike alive just before his fatal air crash in the mountains those many years ago. The low fly past over the cortege by many of Mike's mates, led by a Cub in the teeming rain, Mum and Dad walking behind with policemen all saluting a ‘Kirk' was as vivid as if it was yesterday!    As the little engine chattered on in front of me I crossed the rocky Somerset coast and flew low over Doon Valley Country of Exmoor where I could see the Red Deer look up at me as if to say, "Hi!". It made me think of the fun Mike and I used to have in aeroplanes like rounding up the geese in 1970 to a chosen lake on Innisfree, like a sheep dog, off the coast of Donegal in my 1950's French Sipa. A flick manoeuvre stressed aerobatic aeroplane made out of wood and bought for less than the value of the old wooden propeller currently pulling us all back to Somerset. I remembered my landing an old war time Auster on Port Stewart golf course in the early hours and taking Mike up for some impromptu aerobatics only to hear, in but a few weeks, he had also been ‘bitten by the bug' and had gone off and obtained a pilot's licence!

Tim was there patiently waiting at Dunkeswell Aerodrome and with little said between us we made the short flight for Taunton where we had all once lived. But not, I decided, before we had flown over the old fighter base once known as RAF Culmhead, perched on the Blackdown Hills overlooking the Vale. This was where Dad, in 1943, as an explosives expert in the Home Guard, had been chosen to break in, in the dead of night and simulate sabotage on Spitfires, parked around the apron but heavily guarded. Four bold crosses, in chalk, on their engine cowlings, seen in the next day light and a few red faces, no doubt, caused me to smile as I throttled back for the descent. Down we flew over Corfe and Orchard Portman and the small lake, nestled in the valley, where, as a kid, Mum had taken us all for picnics to ramble for blackberries in the autumn or toads and tadpoles in the spring. Stoke St Mary church loomed up ahead again causing memories flooding back of Celia and Richard's wedding, my own, funerals and Sunday schools. All of this was such a long time ago and yet so vivid, in my memory. The vicar then, Mr Jones and my fear and dread on being asked to read the lesson, without warning, at the tender age of fourteen and then, forty eight years later, having to say a few jumbled words about our Dad. Genevieve, only eight, then read out a delightful poem. Brother Rupert had spoken the eulogy for Mum but a year ago it was my turn, the most frightening experience in my life

Tim's job was to scatter, sitting up front with door and window wide open. My job was to fly the ‘old girl' low over the woods, forty acres of ancient oak laid down originally for the making of Admiral Nelson's ships and where dear Mum and Dad had lived for forty years or more. "Ah, Dad, that Birch sap wine you made, the countless trees you and Mike planted".

I pulled on ‘carburettor heat', throttled back and descended still further for an almost silent glide across the carpet of trees with only the sound of the wind swirling around the cramped cockpit. Tim removed the tops of the urns in turn and allowed our parents ashes to drift the full length of the woods. We will never forget, on behalf of the kids and family friends, our final goodbye. No more of your ‘jam rolley- polley', Mum and custard with lots and lots of Aga thick skin. No more tricks to show me, Dad, on how to get a too big a calf out......so, so many personal memories.

Timothy and I flew back on a lazy meander over the farms where Dad had been so much respected and where he had used his BA Swallow, an open cockpit early 30's radial engine aeroplane, to be nick named ‘The Flying Vet'. I had to face the fact that only the sons and grandsons were now running those farms stretched out below.

Waving Tim goodbye, back at the airfield, I ‘broke the bonds of Earth' once more and flew off North to South Wales just before dark with just one more duty yet to perform. Mollie's ashes were to be scattered where she had also so enjoyed life, in our woods by the Norman castle. I scattered her ashes up wind and watched them drift into the trees just as the wood pigeons broke cover. "No ‘right and left' and retrieving for you today, Moll, my old girl," I mused.

I put the Cub down in another stubble field, rotating with the crops, where Mum and Dad's favourite tipple was waiting for me, well hidden in the hedge. Earlier Tim had agreed, reluctantly, that my previous idea, once the deed was done, of sharing a bottle of Remy Martin in amongst the clouds high over Somerset was not such a good idea. So much, I suppose, for getting old.

"Do not hide your light under a bushel", Mum and Dad always used to say, "pass on your knowledge of life to others, it is a duty", to the six of us in the days when kids were made to sit down at table, shut up and eat with their parents! 

St Vran, Brittany, France   26^th October 2008

http://www.kirkflyingvet.com/ & http://www.wacl.org.uk/

I have to go back to London again this week to try and seize HM Home Secretary's household belongings for not paying me my £15,000, visit that den of vice, the RCJ and demand someone admit my £200 is banked and I am wasting my time anyway due to the 'Royal Preogative'!  Then I hope to see Mr John Smith MP to see what progress he is making of this 'can of worms'...a spot of lunch, a matinee and back on the motor bike, if I did not use an aircraft to Elstree areodrome first. Elstree is far too close to 'Patrick country' which will guarrentee another 'pow wow' into the wee small hours, in some doubious muslim resturant in Harrow Weald, on just  how can we wake up th general public about the great fraud  the UK judicial systyem realy is and without MPs making a stand we are all doomed. The current bloody nonsense in that building is best explained by the following correspondence:

Case number 2008/1602 'filed' 4th July, 'sealed' 9th July 2008

Court of Appeal,

Royal Courts of Justice,                                                  Recorded Delivery

London

5^th October 2008

Dear Sir,

That case was finally admitted to being in existence and in lodged in time date, on 31^st July 2007, before Lord Justice Thomas, he refusing me a jury trial against the South Wales Police for Harassment. The Cardiff court denies handing over my 130 file to the HM Treasury Solicitor completely disrupting my 5 Actions against the police. The 5^th Action is won but HM Home Secretary refuses to pay judgment.

The Royal College of Veterinary Surgeons case, refusing me even an application hearing before the committee, currently before the Court of Appeal, cites the South Wales Police as ‘interested parties’ only to find your C of A office could find ‘no trace’ of my lodging it on the 3^rd July when I visited!

I telephoned again on the 2^nd October 2008 to be told the court had no record of it at all.

Just what delaying nonsense are you lot plotting this time?

Yours truly,

Maurice J Kirk BVSc ,

Marlpits, St Donats, Llantwit Major CF61 1ZB            Copy to Mr John Smith MP & www.kirkflyingvet.com

Monday, 6th October 2008  I telephoned the Court of Appeal, MID MORNING, to be told my cheque for £200 bounced. Why nobody could find the appeal was, I suppose ,all record was removed ! Now I have to resurrect case and try and work out how I knew none of this from the bank or court. Am I slowly going mad, I ask myself?

EARLY AFTERNOON I spend 50 frustrating minutes on the phone talking to fees office and Registry office at the Royal Courts of Justice to have Geogina confirm she remembers me paying her cash the day after I was notified of the bounced cheque. I had rushed up to London, fare £110+, on the 23rd July and paid her in £20 notes at the fees office.

Today, both Alistair and Sherin of Registry  confirmed Georgina had received my cash but would not explain why I had not been notified that my case had been thrown out  by Master Hendy on 28th August 2008 due to non payment!

Sherin ,the HMCS manager, refuses to put the matter back before Master Hendy or fax me any record of any of this deliberate HM delay for  the benefit of the RCVS, as defendants,protected, as always, by HM Royal Charter .

No doubt my next already prepared Court of Appeal application against the RCVS, on my being denied for the 6th time, the right to practice veterinary surgery by access to a RCVS court, will be hushed up in a similar manner as this was today. Just like my being refused a jury trial for civil damages from the South Wales Police in the very same building when I was, effectively, refused legal representation by Lord Justice Thomas when he had told my barrister in Cardiff, "do not bother to come to London for Mr Kirk's appeal".

LATER THAT NIGHT I open a bottle of french red wine and muse, contemplating my navel.

"Am I slowly going mad?"

FAO Sherin,  Manager                            Appeal Court no: 2008/1602  &   B2/2006/2307

Court of Appeal Office, Royal Courts of Justice,

The Strand, London.

7^th Oct 2008

Dear Madam,

Maurice J Kirk v Royal College of Veterinary Surgeons & South Wales Police                                               

Your refusal to place my case back before a Master is unlawful. You and others at court admit you have had the fee, in cash, since 23^rd July 2008. It was dismissed on the 28^th Aug 2008 by Master Hendy, you say, due to ‘nonpayment'. ‘Nonpayment' was caused by your office for ‘failing' to record my payment.

 I was not notified since despite my visits and phone calls to your office asking for the progress. Why?

This is an exact repeat of the 17 month delay caused by the Court of Appeal and others in my other case, during my 16 years attempting to get proper disclosure and a jury trial against the South Wales Police.

An exact repeat of how the Royal College of Veterinary Surgeons continues to refuse disclosure of their contemporaneous notes of potential witnesses, following the police complaint to have me struck off.

 Mr Justice Andrew Collins tried to get me certified as a vexatious litigant and with my other 100 odd files they then went ‘walkabout' around Whitehall so my barrister could not be briefed for Lord Justice Thomas in July 2007. No UK courts will accept/lodge/file/listen to my Abuse of Process Applications.

Widespread abuse of our legal processes will continue while ‘The Royal Prerogative' remains in place. It gives immunity to prosecution or any semblance of accountability. The Human Rights Act 1998 is a farce.

Maurice J Kirk   tel +441446792109  mobile 07966523940

Copies to:  Mr John Smith MP, Mr Vince Cable, Mr Gareth Thomas MP  &     http://www.kirkflyingvet.com/

Dr Vincent Cable MP,

House of Commons,

Westminster.

24th July 2008

Dear Sir,

Meeting 22nd July 2008 at the House of Commons

On behalf of so many unable to attend thank you for listening to a room full of frustrated ‘chronic litigants' for nearly two hours! Why did it take a Liberal Member of the House to appear, at last, to take us seriously? My own Member of Parliament should do the same but I will not hold my breath.

1.      We all gave examples of proved criminal conduct by lawyers all too often ignored by the police.

2.      Criminal conduct of others within the judiciary is also, far too often, ignored by the police.

3.      The Memorandum of Understanding between the Chiefs of Police and the Law Society is the root of the problem. ‘You scratch my back and I will scratch yours' in UK's legal ‘gravy train', often at the expense of the tax payer, must be stamped out and the culprits sent to prison.

Only intervention is left for us by our own Members of Parliament and a review into ‘Her Majesty's Prerogative', currently giving immunity to prosecution for routine illegal practices, such as deliberate ‘faileddisclosure' and ‘bias'.   I quoted, as an example, the 1966 Veterinary Surgeons Act and associated 1967 Royal Charter both ridiculing the 1948 European Convention of Human Rights and the quite unworkable 1998 Human Rights Act, the latter ratified, would you believe, by Her Majesty herself!

I enclose a schematic summary, by way of ‘download', drafted by my then eight year old daughter, of what ‘invincible prejudice' one ‘litigant in person' and his family have suffered having been refused legal representation by more than 60 law firms, so far,  in both England and Wales.

Yours sincerely

Maurice J Kirk BVSc,  c/o Sheida Oraki, organiser of Royal Courts of Justice 22nd July Protest

http://www.kirkflyingvet.com/

Friday, 10^th October 2008 UPDATE

Patrick,

Even you will not believe the continuing ‘Alice in Wonderland' antics I witnessed in the UK Royal Courts of Justice yesterday.

You may remember the Court of Appeal office had refused to put back my Appeal from JR under the nose of Deputy Master Hendy who had "killed off" my case on erroneous information. My cheque bounced on 15^th July 2008. The fact I had over £2000 in the current account at the time with the bank giving no reason why, while other cheques from the same cheque book were cleared, causes one to wonder again about their "end game" and "the conspiracy theory"? The fact I had rushed up to town and paid cash appears to have not been entered on the correct computer.  

Shirine, the manager, disappeared for a while and came back with a 2^nd September 2008 dated letter purported to be a copy of one, they say, had earlier been sent to me saying the case had been ‘dismissed' due to failure to pay the £200. ‘Pigs might fly?'.

But the clerk, in front of me, had just read of the computer screen, a copy of which I was refused, that on the 6^th October 2008 Georgina had entered I had paid the £200 on the 23^rd July, more than a month before the case was before a judge and ‘dismissed'!

No way would the office let me lodge an appeal for the decision their reason being it had been a ‘Direction' and not an ‘Order'!

I had to start the action all over again, apparently, way ‘out of time', as is always their hidden agenda, from the original equally ridiculous 16^th June JR application before Mr Justice Lloyd Jones, refusing me access to a court of law with my 5^th application ‘to practice veterinary surgery'. So I asked Shirine about what happens to my £200?

Silence.... you could have heard a pin drop. Then it was suggested I could have my money back, possibly, if I asked for it! The question as to the legality or not of the Royal College Disciplinary Committee chairwoman, sitting alone each time, repeatedly refusing my legal right to be heard by the committee on the 'merits', was to be deferred yet again. I filled in the usual complaint form for 'customer service' HMCS, 70 Petty France remembering the usual jibberish I recieve in return and was about to drop it into the'suggestion box' srewed on the wall but suspected there was big hole in the bottom of it. 

With the usual opinion for the building and all that it portrays I then went down and filed a Judicial Review Application, I believe my 51^st, against the Appeal Court Office, for refusing to sort my appeal on a  mistake of their own making.

Patrick, you may appreciate, at the fees office, I paid the £50 JR fee and pocketed a receipt for it before raising the sensitive matter of my missing £200 plus interest. In the old days all the forged £20 notes picked up in my Ely surgery, Cardiff, were all laundered, a lot of money, through the same office on my regular but futile applications against the South Wales Police, knowing full well the perfunctory manner in which the applications would be shredded.

 By the time I had climbed the stairs back to the JR office for about the 4^th time that day,  Glynn, the ‘in-house lawyer' attempted to sought out this apparent anomaly there and then .

The outcome, following a flurry of activity lasting just under 40 minutes, brought Glynn back empty handed he having to accept my JR application was to be lodged. He had clearly been over ruled again.

Remember, Patrick, this was the very same good man who offered to obtain Mr Justice Andrew Collins consideration in lifting his Extended Civil Restraint Order [ECRO] against me, to allow my having witnesses appearing before the October 20005  RCVS hearing . Patrick, you were there when I explained to the RCVS, in open court, the offer. The RCVS lawyers had already blocked all my witnesses, by speaking on the phone direct with His Honour Judge Hickenbottom, in Cardiff County Court, to prevent service of my witness summonses due to the ECRO.

It was of no surprise to find the current RCVS barrister, Miss F Morris, in the corridor of the JR office while I waited in the usual lengthy queue of UK tax payer funded ‘asylum seekers', the real jam on the bread for the legal trade answerable to no one. Fenella was in deep heated conversation with ‘in house' court lawyers surrounded by an entourage of somewhat seedy looking individuals from I know not where.

So the RCVS appear have managed to defer the inevitable for yet another six or so months while my wife struggles on single handed. The last lodged Emergency JR Application against the RCVS took only 9 months to get into open court. Just how many years do the brethren intend to defer my latest, I wonder?

Nearly 4 hours of well scripted pantomime was then followed by a refreshing taxi ride to Kings Cross Station in the company of your typical ‘grass roots' Cockney cab driver. He was not just listening but coming out with ‘pearls of wisdom' on just how to deal with the beggars. My experiences were then put on 40 minutes of celluloid, hot off the press as it were, by Tom, followed by a delicious Italian red wine and pasta. The stimulating company comprising of 2 Texans and my investigative reporter made the day, at last, all worthwhile but a little home sick for Alvin and Kandy's good hospitality back in Houston preparing my now notorious yellow Piper Cub for the Falkland Islands and Argentina.

12th October  UPDATE

The Registrar,

RCVS

London

12^th October 2008

Dear Madam,

I wish to put you on notice that my actions from now on, following what I witnessed at the RCJ on Friday, may further implicate cost for the wrong members of the RCVS.

To assist me, simplify and avoid any misunderstanding I would like to know the purpose of the RCVS barrister being at the Administrative Court while I was attempting to lodge an appeal against you? I enclose a summary of events: http://kirkflyingvet.com/blogs/kirks_blog/archive/2008/10/05/more-court-of-appeal-fun-and-games.aspx

 I could not but over hear the   conversation from the unsavoury clientele with the RCVS barrister so I need the law firm identification.

 Please do not think for one moment I am casting any aspersions on the current integrity of Miss Morris since the 16^th June. As with any practicing veterinary surgeon you know she also has to ‘climb down into the gutter' sometimes, as I had to do in January 2001 for my client, the South Wales Police, purely to uphold the principles of our respective vocations.

You are not invited to my "Bastille Open-House Week" in Brittany, next year, unless I have the information requested.

Yours sincerely,

Maurice J Kirk BVSc