Summary of Trial: Kirk v South Wales Police
Maurice suffered countless time consuming and expensive incidents instigated by the police, in the early 90s, until, in 2002, when police complaint achieved his name being removed from the veterinary register. Very little harassment has taken place, since that date, until the current 10 week trial date was fixed in early 2009 when 'all hell let loose'.
Maurice lays claim that his high rate of success, approximately 90%, in the criminal courts and apparent unheeded complaints, for the police to investigate properly an excessive number of crimes committed against him, his family and his veterinary practice, during that same period, are all down to police 'special treatment' reliant on 'targeted malice' and numerous 'false imprisonments' all condoned by the most senior of police officers, in his locality, the Vale of Glamorgan.
Maurice has now started the trial with substantial unequivocal evidence, before the Cardiff County Court, for appropriate damages but with the outstanding problems from the scandalous 'machine gun trial', earlier this year and years of MAPPA covert police surveillance and falsified medical evidence before ten Crown Court judges, to oppose his bail. Police failure in stopping that criminal trial means, there is now a vast quantity of 'failed disclosure' of evidence remaining under the control of the current Chief Constable.
Maurice has been deemed 'medically unfit' by his local GP and several England based doctors, accepted by the court, to proceed with the trial, to no fault of his own because 'authority' continues to refuse to 'put its hand up' over falsified medical evidence, tendered by the police and Crown Prosecution Service, at the 2nd December 09 Crown Court hearing, in their last ditch attempt to send Maurice to a High Security Psychiatric Prison, IPP, 'Imprisonment for Public Protection'. Or should it have read 'Police Protection?
But Maurice was to continue attending the 9th Day of the trial, on Wednesday, 22nd September 2010, whilst on Morphine Sulphate and numerous other medication, due to the delayed 'total hip replacement' operation, urgently needed, as he has been warned the case will continue without him.
Rough Notes from 20th September 2010 Trial on 'Law'
(from Maurice's son during his absence)
Police QC, "misfeasance in a public office is a path Mr Kirk could/should have pursued"
Strasbourg case law - osman
"deliberate failure & wilful neglect"
Birmingham 6 - you must be joking. Using one of UK's most famous micscarriages of justice as an argument to wilfully repeat it, I'm sorry is that even an argument. It was even quite extraordinary to hear the Police QC actually call the men "murderers" in court in 2010 when they were cleared 19 years earlier. He continually referred to the now discredited proceedings of 1981, in front of Lord/Judge Diploc (he of such fame in Ulster), citing how these were paragons of good process to which this judge should emulate now. I thought it was bad enough when he kept citing Lord Bingham whilst in the same breath stating how his opinion was the minority one, the one to which he was overuled/out voted by his Law Lord peers but this is in a different league..
Police QC "Our argument is Mr Kirk has no case because when 6 men were tortured into confessing to a crime they didn't commit 30 yrs ago, it was all good practice for their trial judge to disregard these claims and declare the confessions sound evidence, in the spirit of administering a coherent system of justice and protecting it from potential disrepute being the dominant imperative" [ Josef Stalin could construct a better argument than that].
So after all the nonsense of many hours monotone diatribe spread over 2 weeks the judge only had one question.
Trial Judge, "But are there no indications as to what might constitute a truly exceptional case?"
to which the Police QC responds " No Your Honour"
which begs question (or what we hope the judge is thinking)..... then why did you impose this lengthy, irrelevant onslaught of verbal diarrhoea upon us all if none of it addresses the central tenet of contention as highlighted by a single utterence form the Judge. Who pays for all that wasted time?
Not sure what all the nonsense about the US Federal Tax Commisison case was about, kinda wrong jurisdiction. Jim listened to that, I was dozing.
Caspar
Day 9 22nd September 2010
On a taxing day when no one else could come and give moral support, the QC worked his way through the incidents, considered carrying 'no cause of action' and adjourning in the afternoon for 11am Friday 24th. Maurice had no files or paper to write and appeared only armed with a pair of NHS issued crutches, somewhat reminiscent of James Fox in 'The Day of the Jackal'.
From what Maurice heard from those who did attend, on his behalf, on Monday (Jim, Caspar, Meirion and Guy) all the law being argued reflected little on a case of years of malicious prosecution, failed criminal trials, obvious inactivity over 40 odd incidents of theft, arson, burglary and assaults suffered by Maurice or that his incapacity to attend and comprehend. At least it gave him some rest.
Maurice attended with the hope MAPPA executive summaries, hurriedly written, two weeks ago by Dolmans solicitors, would be released to Judge Phillips dealing with the £50,000 judgment against the HM Prison to show MAPPA surveillance was not only clandestine, but also contrary to Articles 1, 5, 6, 8 etc of the ECHR 1948 Convention. He failed.
Maurice was only there in order to try, again, to get custody videos showing assault by police, ordered on numerous Crown Court judges, over the years since 2000! He failed.
Maurice was only there in order to apply, yet again, that the police disclose Crime reference numbers for all his police incidents in his seven Actions lodged in court against the police. He was refused.
Maurice was only there to obtain the promised judgment of Monday against the Chief Constable, for delaying the renewal of Maurice's gun license and, later, fire arms certificate, both having been denied having ever existed, by South Wales Police, when on oath before the 'machine gun' jury, earlier this year.
Maurice was only there to obtain the Crime Reference number for this Friday's coming argument on the 19th September 2001 theft of cheques from his then Veterinary Hostal, Barry, by Adam Baker and Christian Harrison, still at large, living in Barry. Despite positive identification by Mr Shaft of Cash Generators, Holton Road, Barry, caught on CTV and with both culprits with 'form', having cashed, already £1500, neither have even been interviewed, let alone arrested.
Maurice has the £20,000 reward running for their whereabouts, with terms of the deal having been used by 10 Cardiff Crown Court judges, in 2009, to ensure Maurice remains locked up.
The history of Maurice trying to obtain crime reference numbers was to identify and call, as witnesses, in rebuttal to the clear lies in certain, not all, Dolmans prepared police statements. Barry Police Station received a list of crime ref numbers in his 4th October 08 letter requesting progress report, primarily for his 4th |action. Maurice received no information leading to Judge Nicholas Chambers QC ordering Barbara Wilding to write an unequivocal sworn affidavit that Maurice had received full disclosure on the matter. She refused.
So, on Tuesday evening, Maurice visited Barry police station to lodge a statement of complaint, as he had seen both thieves in the centre of Barry. Police sergeant John refused to release a MG11 form, police statement for court, but accepted Maurice's hurried alternative, written in the foyer whilst being kept waiting for over an hour in his futile belief the crime would now be investigated!
Ah, but Dolmans were five steps ahead, not like the twenty five, back in the 90s.
Sgt John then and three more police officers, during another hour wasted for Maurice, on three different computers and four methods of preservation of evidence, failed to find any record AT ALL, of the incident the QC will be attempting to have removed on Friday, in 3.2 of 3rd Action as having 'no duty of care, 'no cause of action' with 'malice' kicked well into touch!
Maurice's hour in the police foyer was not all wasted. He was able to read MAPPA regulations and how Barbara Wilding and now, Peter Vaughan, current Chief Constable had driven a 'coach and four' through, not just the Human Rights Act but section 6 etc of the MAPPA regulations, instigated only to interfere with these civil proceedings.
Maurice's previous attempts to obtain the full disclosure of each of the 100 odd police incidents , now cited in the Seven Actions for damages, by first obtaining identification to cross reference 3rd party interests, eg CPS, Borough Council, Probation and Caswell Psychiatric Prison etc, have always been blocked, because MAPPA had caused the 'most sensitive' incidents, in Particulars of Claims for court room deliberation, having been ring fenced for only the most senior of police officers and removed from all files in normal use for the routine detection and prevention of crime, to apprehend and prosecute the villains or to preserve evidence.
Friday morning could be interesting with Dr Tegwyn Williams facing Maurice's damages claim, for falsifying medical records on the 2nd floor, while his past mistress and now, current master carry on their defence for criminal conduct, on the 4th floor.
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