Kirk's Blog

Wednesday (23rd)

Yet another day in the prison, denied my papers, laptop and privacy to interview some 50 odd witnesses.

The witness has to have 2 staff escorts, the latter to record ‘selective memory' appropriate for the physic jargon in their little world of apparent make believe.

It is 6am and I want to have a cup of tea and start work.

No tea until 7.30 - the ‘rules' and we have run out of milk!

I am due to have a visit from two of the kids today.  Belinda and Alex. 

Belinda goes off to some remote part of the world to set up some future TV documentary in the deepest jungle or half way up some mountain. 

Alex is chasing his tail preparing for university at Kingston on Thames.  ‘Now just how am I going to load all my books and ‘stuff' on my Honda 125?'

Better have a shave and impress. Cut my fingernails, iron a short and wear a tie. The rigmarole of signing in and out just for a safety razor, under constant surveillance is a small price to pay. I am not allowed nail clippers.

Even the telephone calls are monitored, my being denied any privacy even with my wife that has made me so annoyed.

‘Don't let them provoke you' Norman Scarth's sound words rang in my ear. If you argue you have a mental disorder - if you smile too much and joke you are definitely doomed!

Norman, an old campaigner of injustice under the ‘British Judicial system' had been in the Royal WW2 arctic convoys, beaten the enemy at Strasbourg and a regular face at our protests around the Country. What did Churchill say "when found halfway through hell, keep going" - or something like that.

I am in a ward of seven, sometimes eight, prisoners in the HM regulated establishment, simply an extension of Cardiff prison.  The vast number running the place, just for sixty four beds, desperately attempt to fool me otherwise, saying I am a ‘patient' under their ‘care'. 

No one seems to have experienced a section 35 "who caused my arrest in the first place?"   I ask the lady ‘shrink'.  Her answer reflected the need to know basis obviously in this section of scary medicine.

"Who asked for section 35" I ask.  The original judge just wanted to protect his own back with the ‘perfunctory episode' of a ‘professional' to make my imprisonment, without trial, look acceptable in the eyes of the ill informed general public.  If only they stopped believing the rubbish printed by some newspapers and actually witnessed what really goes on in our courts - Dream On, Maurice.

Why can I not have my legal papers? No one seems to know but hurry off to write down my ‘mood change', pages and pages of it.

I sneak back to my little cell and slide out from under a corner the twelve page nursing report dated 27 and 31 August. What an insight into so serious a subject.

My attempt to post a letter at Highgrove, to mimic all I was doing at the US President's ranch last year, had the very effect I most feared.

The ‘Mets' involvement led to a Princess of Wales Hospital's psychiatrist to write, in March, "initial conclusions were that he demonstrated paranoid personality traits and longstanding delusional beliefs". I was clearly quite mad in believing our Law Courts would finally nail the buggers.

This was from a psychiatric report, never completed as I realised just in time just what their ‘end game' was.

Now to be, just days after the Chief Constable had signed her false affidavit on failed disclosure.

Alex and Belinda arrive loaded with reading material, French CD's, a decent newspaper, bars of chocolate!  My birthday all over again.

Then the serious stuff - in the presence of prison guards - warning my kids of the quickening pace of pervasion of evil, following Barbara's' signature.

To be continued....

Yet more lawyers, yesterday, have refused to get even simple disclosure for my Royal College of Veterinary Surgeons and Barbara Wilding civil actions, which are currently before Privy Council and HM Cardiff courts.

That makes over twenty now since I have been locked up.

This place won't even supply a telephone directory to trawl for more lawyers.

I am still refused my legal papers, which are still locked up in HM Cardiff Prison and denied access to my laptop. Other prisoners here have access to internet and laptops.

The same Welsh Assembly members and Cardiff MP who helped to instigate my being struck off are no doubt now rushing legislation through for Mental Health Courts to block my Appeal against HM Attorney General, Baroness Scotland, in the Royal Courts of Justice.

They are still refusing to release my medical records to me, for Crown Court on Thursday.

M

PS I have put on 16kilos that no doubt Baldrick will complain about.

Belinda and I visited Dad (Maurice) on Thursday, we were not allowed any privacy and all conversation was reported. HM Prison has continued to refuse the release of all his legal papers. Caswell Clinic, likewise, refuses to allow access to his documents and computerised records on his laptop, delivered to the clinic by Kirsty.

For months, the courts in London and Wales continue to refuse to reply to his communications. The clinic continues to refuse to disclose just who instigated him being there. Police, Court, Prisons and the Clinic refuse to disclose just who instigated his original arrest, despite the court order of disclosure on 28^th July.

7 Law firms so far, have refused to act for Dad, relating to the Barbara Wilding Chief Constable's false Affi Davit, and his private prosecution (for fraud) due to be heard in Barry Magistrates, no. 8.

The clinic has attained, without Dads consent his medical records from Texas State Psychiatric Hospital in Austin, and refuses to allow him sight of/copy of whatever they have attained. Dad obtained the ‘deported US medical records' in May 2008, only by him taking the Psychiatric Hospital to court, to release him and his records. Therefore, allowing him to go back to Crawford, near G.W. Bush's ranch, to pick up his aircraft with his friends.

5 courts so far have refused his right to apply for bail in South Wales.

I believe Dad hoped to acquire some sort of statistics when he told me, "no one will tell me how often a Section 35 prisoner is incarcerated in this secure clinic".

Dad was left reading a Russia's Political Hospitals, a book by Sidney Bloch and Peter Redaway, concerning the abuse of psychiatric psychiatry in the Soviet Union.

Alex Kirk

Tuesday 28th July - Maurice has been taken to County Court today (handcuffed) r.e. his civil case.

It was adjourned again.

He did not have the necessary papers as he was not aware of this hearing until yesterday

He is continuing to refuse food to protest against his only option of appearing in court is by video link rather than in person.

He is very appreciative of letters that he has been receiving.

Maurice’s physical health is not good, he is 64 years old and should have been given bail as per Barry Magistrates decision on 24th June (ie 5 weeks ago) prior to appeal by the CPS.

It is inhumane that he is being held in this manner.Maurice has been examined by a psychiatric team as directed by Judge Cook. We are not aware of any conclusions drawn.

Kirstie Kirk

Maurice is feeling extreemly isolated from the outside world, he's alone in a cell for most of the day with nothing to occupy his normally hyeractive mind and his wife Kirstie is very concerned for his health. She has asked whether anyone following this blog might like to send him a letter of support to lift him up a little?  If you're so inclined here's how you can get in touch. 

Leaving comments on this blog - You need to sign in using your account login details (username/password) or join the blog in order to leave comments. See the links at the top right hand side of this page. We'll print out the comments periodically and post them on to Maurice.

Sending letters/postal orders direct to Maurice - The following information should get a letter through to him.

Write on the envelope:

Number AK6632
Name: Kirk, Maurice John
Wing: NOT 47

Address: H.M. Prison Cardiff, Knox Road, Cardiff, CF24 0UG

Maurice Kirk wishes you to know that he is being held on remand in Cardiff Prison.

He was arrested on Monday 22 June and taken to Port Talbot Police Station. He was charged on Tuesday late evening and appeared before magistrates on Wednesday. The magistrates decided to bail him but on CPS appeal he was sent to Cardiff prison and appeared before a judge on Thurs am. He was remanded until his prelim hearing on 6 July.

He is charged with possession of a firearm and offering it for sale. The firearm in question was a deactivated WW1 machine gun (no trigger, holes drilled into it) and made up of salvaged parts from other armaments for the sole purpose of looking good on the front of a replica DH2 aircraft.

He wishes it to be known that his arrest and search of the family home occurred after the weekend following the day he was required to exchange documents with the solicitors defending  South Wales Police in his case against them for harassment. He failed to serve documents on 19th June as required by court order as the solicitors would not accept them.

Maurice has since been unable to telephone until he received money by postal order (ie after 6 days in prison). He has been visited and has said that he has no access to legal books etc.

He has a case by Jury in two months. We'll keep you posted.

 I decided to deliver my urgent letter to HRH Prince Charles, personally, but was thwarted by two burly policemen at the entrance to Highgrove House, Tetbury, Gloucestershire.

I was originally going to deliver it by 1943 Piper Cub, registration G-KURK and land her just outside the prohibited zone to walk the short distance to his Royal Highness's residence.  Kirstie suggested that that was not such a good idea bearing in mind my recent protracted stay in Texas State Lunatic Asylum, in Austin and subsequent deportation. This followed my failed attempt just to leave a 'thankyou letter' at the front gate of President  Bush's  Crawford ranch, for saving my life. [US Coast Guard helicopter after my ditching in Caribbean near Haiti].

The police and I left on the best of terms but with their parting suggestion that I could always take the letter to the Post Office in Tetbury  town  raised the problem as who would be  paying for it if it were to be  posted without a stamp bearing Her Majesty's portrait?

Anyway, I did not leave empty handed. There on the ground was a fine *** bird for the pot most likely one of  the household's birds not picked up after the recent pheasant shoot!

It was then a drive down to Hampshire to continue work on the Cub for the flight to Cape Town or Mount Everest?

HRH Prince Charles, The Prince of Wales,

Highgrove House,

Tetbury,

Gloucestershire

England

1st January 2009

Your Royal Highness,

HM Partnership and the state of our Welsh Courts

Twenty one times the Guernsey Authorities locked me up in prison, invariably but for a few days, before charges were dropped. Generally they were of a trivial nature, created for but one purpose, to disrupt my single handed veterinary practice and so bankrupt me.

 My sick partner had already left the island, almost penniless, for me to attempt redress through the local courts. He also had suffered under the feudal system by his premises and our business and personalty having been fraudulently obtained by another veterinary surgeon, Alistair Macrae, only achieved by the unlawful conduct of lawyers waived through their incestuous system by HM de Vic Carey, the then current HM Procureur.  Both Nicholas and I were denied United Kingdom legal representation.

De Vic Cary later, in 1987, gave evidence against me before the Royal College of Veterinary Surgeons but his evidence was disproved causing the case against me to collapse.  De Vic's grandfather, incidentally, during the Nazi occupation identified to the enemy young Jewish girls working in the hospital and on farms guaranteeing their fate in the gas chambers. Sir Winston Churchill wanted the man hanged but, with a change in government, he instead was knighted.  I published copies of his collaboration papers and other evidence as to just why the Channel Islands were never to be trusted for the D-Day landings.

I left Guernsey abruptly after my life was threatened by the in-house freemasons, there being an ever increasing number of us now exposing to the world the appalling state of so called ‘British law and order' in both Jersey and Guernsey with their exploiting ‘insider dealing' and the drug trade.

Therefore, Your Highness, when I settled in the Principality of Wales and bought a veterinary practice in the Vale of Glamorgan I expected some semblance of order and sanity. Instead over thirty law firms refused to act for me against the South Wales Police once their ten years of harassment commenced.

 Racial discrimination was palpable.  This police harassment originated from Guernsey, as ‘disclosure' of documents later revealed.  By way of example I was made to produce my perfectly valid driving documents well over thirty times and spent many days in police cells only to have cases repeatedly laughed out of court while surveillance teams broke into my surgery and communicated with Guernsey where I had had my telephone tapped continuously (loud speaker in police station) for over two years .

 In 1993 I had been dehorning  beef cattle on Your Highness's farm at Boverton, Llantwit Major, only to find myself, within hours, locked up in some Cardiff police cell before prison for days on the pretext I was in possession  of a ‘stolen motor cycle', a ‘garrote type instrument' and  ‘could not be identified'! I had been bundled into a police car, in handcuffs, from the steps of my very own surgery with one old lady, I remember, clutching her sick Pekinese in her arms saying, "What are you doing with our vet?"

Fifteen years later with all charges dropped and still no facts  before any proper enquiry the HM Home Secretary's lawyer now admits, in a Cardiff Court, that there is an ongoing six year investigation in Whitehall as  to whether I am to be certified as a ‘vexatious litigant' or not?

HM Court Service, HM Treasury Solicitor and others   have been made to confirm that at every major stage in my litigation, to obtain damages for over one hundred and twenty failed criminal charges and police conspiracy with the Royal College of Veterinary Surgeons, to have my name removed from the register, HM Partnership was ordered to intervene, informing all parties but me.

For example:

• 1. HM Attorney-General, in around 2003, ordered all my civil and criminal cases, past and ongoing, be collected up from around the country and sent to his team of HM lawyers in Whitehall.
• 2. This meant my Appeal to the Court of Appeal for a Trial by Jury, a basic civil right, against the South Wales Police, was delayed for seventeen months with no explanation or apology.
• 3. This meant that when I employed a barrister, to brief him on the Cardiff court files, they were not there but more to the point no one would admit some are now lost or with HM lawyers.
• 4. This meant both Mr Justice Kay and later, Lord Thomas, stated my appeal from Swansea court was ‘hopelessly out of time'. The Court of Appeal stamp on my lodged papers clearly indicates in my favour, stamped but a few days from the Swansea Abuse of Process. These court papers were never before Mr Justice Kay or neither judges bothered to read them having already been told I was marked down as ‘vexatious in all fields' by Mr Justice Andrew Collins, in 2003, as so clearly indicated in HM Treasury Solicitor internal memos on http://www.kirkflyingvet.com/ .
• 5. This has meant my applications for HM Judicial Review, fifty or more, have been prejudiced from the start with perfunctory nanoseconds set aside for the purpose. I recall one of many before their Lordships, a Mr Justice Scott-Baker, coming to the Cardiff court clearly without the London lodged papers and rabbiting on about the wrong case.
• 6. This has meant my complaint of the conspiracy by RCVS lawyers, falsifying witness statements and deliberately misleading courts on the availability of witness evidence, enjoying immunity to prosecution by the 1967 RCVS Royal Charter, has become the best ‘Whitehall farce' to date.
• 7. This meant all court transcripts and tapes, now needed to prosecute, were copied to HM but the Cardiff court deny it, having destroyed originals before my case has even left the traps!

I ask, Your Highness, for your urgent intervention in the interests of justice and the welsh community.

Yours truly,

Maurice J Kirk BVSc, APO Rtd.                            Marlpits, St Donats, Llantwit Major, South Wales CF61 1ZB

Now, would you believe, John Smith MP, our representitive in HM Government, has arranged for us to go up to see him next week in the Houses of Parliament  and discuss a 'few issues' about the current  state of our judiciary.

The local newspaper has also printed an article about my visit to the Prince of Wales's Residence.

Not exactly the same outcome, is it, as to my impromtu visit to President Bush in Texas? Ah, but what is this, printed below? 

 What do you make of this Home Office memo to a local doctor if it is not another round with the CAA?  No. I will write to our Prince again and see if His Royal Highness can help me retain my licence?

I remember flying back from an airshow, some years back, with Genevieve asleep in the 1940 Taylorcraft, when I experienced serious engine trouble over Highgrove House. Fortunately I had enough height to glide to His Grace the Duke of Beaufort's air strip at Badmington. The temporary disappearance of his new Range Rover and tea at The House is a far, far funnier story for me to tell and will be one for the daughter to recite one day.

Well Mum, you can blame Taunton School for a learning of my favourate quote:

  "There is a pleasure sure in being

 mad that none but madmen know"

  Dryden Poet Laureate Circa 1700

His Royal Highness The Prince of Wales,                                                                                                                                                                           Highgrove House,                                                                                                                                                                                                         Tetbury,                                                                                                                                                                                                                     Gloucestershire,                                                                                                                England.                                                                                                                                                                                                                                  

13th January 2009

Your Royal Highness,

Since my humble petition of 1^st January, explaining HM Court Service's refusal to disclose the whereabouts of court file, marked, Maurice John Kirk-Potential Vexatious Litigant, HM Home Secretary has now obtained a court injunction to protect all four defendants, the Royal College of Veterinary Surgeons, South Wales Police, HM Attorney General and herself from disclosing evidence or on any communications between them about me. They enter their seventh year, using HM Whitehall lawyers, in their attempt to have me certified as a ‘vexatious litigant' to block disclosure of malfeasance.

Each defendant has successfully claimed Section 42 Legal Professional Privilege, not to disclose evidence, in their joint investigations relating to removing my name from the veterinary register, prosecuting me in countless ridiculous Crown Courts and more recently, to having me unlawfully gaoled.

 When I produced proof of HM Attorney General, employing the HM Treasury Solicitor and Mr Justice Andrew Collins, all identified on HM documents, the judge had to explain that the Attorney General may not have ‘legal professional privilege', as ‘an independent body' from judiciary and executive but when  asked as to just how I had obtained so many confidential documents I felt obliged to offer many  more memos between HM departments revealing  their own respective agenda, all reflecting nefarious conduct.

I will appeal to the Court of Appeal and a fat lot of good that will do while HM judges continue to swear oath of allegiance to Her Majesty the Queen, giving agents of RCVS Royal Charter preferential treatment. These very same judges, identified in my fifty odd Judicial Review Applications, for disclosure, have clarified my complaint to have sufficient merit for some alternative intervention, lawful or otherwise.

Now my own doctor, today, has received a request from an HM government department, not a stone's throw from HM Attorney General's offices, purportedly following ‘complaint' from police, to consider as to whether I am mentally fit to fly my various aircraft and should I not immediately be sectioned?

 I have few options left, in the pursuit of justice, other than to plead the notorious ‘Royal Prerogative'.

I remain, Your Highness,

Your obedient Englishman, whilst living in the Principality of Wales,

Maurice J Kirk BVSc                                   Marlpits, St Donats, Llantwit Major, South Wales CF61 1ZB

Copy to John Smith MP                                    Encl. HM Treasury Solicitor 23^rd July 2003 internal memo.[ see downloads]

 Information Commissioner's Office,                                                                                                                                                                                                Wycliffe House,                                                                                                                                                                                                                            WaterLane,                                                                                                                                                                                                                                                                                                                                                                 Wilmslow                                                                                                                                                                                                                                   Cheshire 

                                                                                                                                                                                                                                               17^th January, 2009

 Complaint against HM Home Secretary, HM Attorney General, South Wales Police & RCVS.

Dear Sir,

Further to my complaint against the Royal College of Veterinary Surgeons' refusal to disclose any ‘contemporaneous notes' of their investigation to have me struck off I cite further parties refusing to disclose very much related evidence, contrary to your 1966 Data Protection Act.

I enclose HM Attorney General's private law team, HM Treasury Solicitor's 5^th December 2009 letter, my 1^st and 13th January 2009 letters to the Prince of Wales and Abuse of Process Application details re South Wales Police's failure to disclose, referred to in JR Section 8,The Facts, by way of a summary leading to the obvious question.....How on Earth can all these claim Section 42 Legal Professional Privilege?

• 1. RCVS never disclosed to you their ‘notes' or identify their client(s) or lawyers did they?
• 2. South Wales Police deny police recorded incidents ever happened to avoid your DP Act!
• 3. Attorney General and his ‘private law team', when you examine HM 23^rd July 2003 internal memo, enclosed, has no legal right to withhold details of their communications with my defendants, RCVS and South Wales Police, have they? Communication and exchange of evidence was without my knowledge and refusing to disclose is not just an Abuse of Process it is contrary to Data Protection Act1966, isn't it?
• 4. Similarly, the Home Secretary's refusal to disclose information about me, [my complaint police disclosed confidential records to RCVS,] to have me certified, in the manner it was collected, affecting my ongoing litigation would also be unlawful if disclosure continues to be denied, wouldn't it? But what has HM Partnership told you to do about it?

Where on Earth is the evidence of ‘confidential client/lawyer communications' if they are not unlawful undermining my damages claims currently before the law courts around the UK?  Just who are the clients and lawyers and where are the compulsory Law Society contracts?

Yours faithfully,

Maurice J Kirk BVSc                               Marlpits, St Donats, Llantwit Major, Wales CF61 1ZB

Copy to John Smith MP and http://www.kirkflyingvet.com/

 Dolmans, solicitors,

Cardiff,

4th Jan 09 

Kirk v South Wales Police 

                                                                                                                                                                                                                                                                                        CF6141159-MC65, MC65,CF101741,   CF2041417, CF07345, 8CF02269

   Abuse of Process Application 

Dear Sir,

Re your 30^th Dec 08 Court Application Refusing 17 years of Disclosure of Police/Crown Prosecution Service ‘Abuse of Process' by tomorrow

HM urchins in Guernsey, it appears, put me in good stead for my dealing with the obvious filth I have now been subjected to whilst here in South Wales and with those influencing the Royal College of Veterinary Surgeons with their plotting with CPS and HM Partnership to deprive me of my livelihood.

I enclose 18th Dec 2002 letter [see recent downloads] to a Welsh Crown Court as a sample from of over 200 applications for disclosure of the usual police contemporaneous record in some 300 odd incidents, many leading to my unlawful incarceration. I asked at the scene, taped in custody, by letter the following day or in the 300 days or so of farcical Magistrate and Crown Courts not forgetting the most insulting of all, the 50 odd  Judicial Review Applications before HM High Court judges fast asleep in the Royal Courts of Justice.

 Leaked HM internal memos clearly indicate these judges were influenced by the HM Attorney General's personal intervention to block any further disclosure of the ‘conspiracy to pervert the course of justice' by the above mentioned. He failed miserably to have me certified as a vexatious litigant and so HM Partnership has stepped back into the fray to ‘*** up' any remaining legal process to which I am entitled as a British citizen currently living, but not for long, in the United Kingdom.

The incident before the 2002 Crown Court was used by the RCVS lawyers to have me struck off as a veterinary surgeon for life still refusing me, just as your client and CPS do, the identity of witnesses and copy of ‘contemporaneous notes' of their official enquiries.  There is nothing new under the sun.

I disclosed to you 70 odd leaver arch files, ‘under my control', of my record of 10 years of harassment. I now have a similar amount since released from lawyers ‘not then under my control'. Do you need them?

You disclose the full record of the South Wales Police communicating with the Royal College of Veterinary Surgeons, in order to prevent me practicing veterinary surgery and I will withdraw all current civil actions against your client, Barbara Wilding of the Chief of South Wales Police.

Yours faithfully,

Maurice J Kirk BVSc

Copy to John Smith MP                http://www.kirkflyingvet.com/          http://www.wacl.org.uk/

JR Part 8 Facts     For well over ten years now, in South Wales, I have suffered racial discrimination while asking successive courts to entertain my mounting evidence of Abuse of Process and general malfeasance by many employed by the tax payer supposedly to administer justice.  

The sequence of documents below, pages 9 to 56, is but a sample disclosing relevant facts as to the scale of intrigue to which they stooped in order to prevent disclosure of favourable evidence in my cases. Disclosure was withheld by the Royal College of Veterinary Surgeons and by their complainant, the South Wales Police, in order to have my name removed from the veterinary register.

Leaked HM Treasury Solicitor internal memos [p.11], CAA Legal Dept. [p.56] and my damages action led to HM 30^thSept 08 Application Notice to reveal there had been a six year ongoing investigation by  HM Attorney General, attempting to have me certified as a vexatious litigant and for what purpose?

Documents below will disclose these three defendants have been aware of this investigation for years and have been consulted by other government officials, without my knowledge, as to the scale of  disruption it is doing to all three court proceedings, disclosing evidence to the Ministry of Justice and Home Office(3rd defendant) the fact that the South Wales Police originally, having lost their 120 criminal charges, 35 times demanding to see valid driving documents, invited the RCVS to Cardiff Central Police Station to take away copies of confidential police records, contrary to Home Office Regulations 45/1987, some of which were incorrect. This falsified evidence by the RCVS lawyers remains unpunished.

Even the Information Commissioner, following my DPA and FOI Act Applications for the RCVS to disclose their contemporaneous notes of their interviewing my clients, deemed this evidence as ‘lawyer /client privileged'! There is little evidence that interviews were even conducted by a lawyer, to the contrary.

The RCVS and Commissioner's department refuse to disclose what ‘client information' was purportedly put before him to indicate my veterinary clients and the investigating police were neither competent nor compellable for the witness stand. My clients and a local magistrate and a teacher were but a few interviewed by outside agents and identified staff from the college. ‘Lists' served on the RCVS of when, where, why and by whom evidence was gathered, following the Legal Assessor, Mr Flather QC, laying down  terms of reference in open court for RCVS to DISCLOSE, continue to be ignored because the RCVS is protected from contempt of court legislation  under the 1967  and 1844 RCVS Royal Charters.

No contemporaneous record of the investigation relating to prosecution evidence used in court has ever been disclosed, contrary to Article 6 of ECHR 1948 or Human Rights Act 1998. HM Treasury Solicitor has supported it in his submissions in Cardiff County Court, only this month, saying the vexatious litigant enquiry is ‘confidential' while he, the police and the RCVS have all been consulting each other while many of my current and past court files have been gathered up from around the country's courts and lost. These ongoing cases, HMCS have just admitted, have had their court tapes destroyed before any substantive hearing has even started and while my appeals are ongoing on in the Court of Appeal.

Malfeasance by blackmail is not uncommon. In 2001 I was denied any witnesses of fact by the RCVS to counter the evidence by police called as prosecution witnesses. HM Treasury Solicitor's office, confiding with my witnesses [see enclosed 23rd July 2003 HM Treasury Solicitor  internal memo, page 11], threatened me with a bill of £6000+ should I persist in serving witness summonses on the very HM lawyer needed to attend the RCVS hearing with the evidence I needed to prove most of the above.

Just why, after seventeen years of litigation, this started in 1992 and six years with a team of Whitehall  HM lawyers, is this same enquiry still going on in secret and just who is paying for it all?

This JR Application is to reveal to a competent court evidence that the defendants, RCVS, South Wales Police and now Home Secretary are in ‘harmony', refusing my right to be a member of the profession simply so I cannot get access to the college records to clear my family's name.

This so far undisclosed reason by the RCVS for failed disclosure is disproportionate to my refused right to practice veterinary surgery and is an Abuse of Process and requires criminal investigation.

The manner in which all three enquiries against me were conducted was an Abuse of Process.

Failed disclosure by the South Wales Police, denying incidents such as police breaking into my surgery with a crow bar and sledge hammers, locking me up in Cardiff prison saying  "he cannot be identified" and denying court cases ever happened, can only be sorted in a criminal court, not some Welsh civil court behind closed doors denied a civilian jury.

 Whilst lawyers continue to bury evidence of this once simple case of police harassment, with their tactics to delay ‘due process' at every turn, this never ending game of gutter warfare, purely to fuel the ‘gravy train', will soon make Charles Dickens's ‘Jarndyce and Jarndyce', as an example of avaricious attorneys, looking more like a mediocre mélange of a teddy bear's picnic crossed with Lewis Carol's  Mad Hatter's tea party.  But who out there really cares that the culprits, clear criminals, always get paid?

Extract from Shedule7 of 1998 Data Protection Act

Legal professional privilege

10. Personal data are exempt from the subject information provisions if the data consist of information in respect of which a claim to legal professional privilege or, in Scotland, to confidentiality as between client and professional legal adviser, could be maintained in legal proceedings.

This interpretation of law, upon which all three defendants purport to rely, is yet another abuse.  ‘The Royal Prerogative' allows each, in turn, to refuse disclosure of relevant evidence gathered by their respective investigation teams to prosecute Maurice John Kirk because each judge in turn has been made to swear allegiance to the Queen instead of the citizens who are paying for the ‘gravy train'.

It stinks, doesn't it?

Maurice J Kirk BVSc  30^th Dec 2008

FAO CAA Medical Examiner,

11^th Jan 09

Dear Dr,

HM Treasury Solicitor- 7 year Vexatious Litigant Enquiry

Refused Medical Certificate to Fly Aircraft, pending further Information

Leaked HM Treasury Solicitor 23^rd July 2003 memo, enclosed, reveals the CAA have also been made by the HM Attorney General to communicate, as Defendant, with the HM team of Whitehall lawyers, in their joint attempts to have me certified.

May I suggest you ask for disclosure of those CAA documents when considering whether I am to be certified to fly or not?

Both the Royal college of Veterinary Surgeons and South Wales Police refuse to disclose anything on the matter of this 7 year HM Attorney General investigation.

 My Abuse of Process Application, citing the damage it has done to my veterinary, flying and family life, is repeatedly swept under the carpet by successive judges because I hold the proof of misfeasance and criminal conduct by lawyers.

It may not surprise you to know my FOA and Data Protection Act Applications, to make CAA's Mr Stephen Williams disclose this HM Partnership interference, bore no fruit, yet.

So just  whom am I expected to believe, bearing in mind it was the CAA that had me put in prison in 1980, destroying my aviation career, on trumped up evidence, sending bully boy retired police officers around to witnesses at the dead of night saying, "if you do not give evidence against Kirk we will take your licence instead"? I had been neither the pilot, registered owner nor drunk, contrary to the way the CAA lawyers put it to the ‘bemused' in Bournemouth Crown court.

I have sent you some fax material and an e-mail earlier this morning concerning my licence suspension in May 2008, pending enquiry, following my encounter with the US Department of Homeland Security, Texas, with subsequent deportation.

I have now found the document you need, enclosed. I made the doctor in Texas State Lunatic Asylum, Austin, write out and sign, witnessed before me, before I would agree to leave the hospital building to pursue my rights in court convened upon my insistence. The British Consulate clearly kicked up a fuss and I thank them for it.

US Authorities arrested me while I was on a country stroll in Texas, trying to get a photograph of a scissor bird. While in chains I saw neither the President's Men ,FBI, The Sherriff  nor his many deputies make any written record at all of my incarceration other than the details from my passport and home address. They ALL refused to write down my detailed statement of explanation. The FAA told me,witnessed by others, I had committed no aviation offence in landing in the farmer's field many miles from Mr Bush's ranch.

My demand for a ‘Habeus Corpus document', where I had been and that I was still alive, was because no ‘audit trail', to date, appeared to have been created during my detention, as far as I could see, either at road side, 11 police vehicles, in Waco Prison, Waco hospital or in various police cars and now, in State Lunatic Asylum . Not dissimilar to my experiences with the RCVS, refusing to disclose any contemporaneous notes of their enquiry. I do not frighten easily but what I witnessed in Texas, up until US guards let go of me at Gatwick Airport, is a stark warning to the world. My web site on downloads, http://www.kirkflyingvet.com/, publishes the local paper saying the police state I was not even arrested!

I demanded such a document, as I do for all custody records, be created by my captors for I have found so often, without such record, RCVS, police and now the CAA, rarely believe a word I say and will spend a small fortune to prevent me enjoying respective ‘privileges' my qualifications were supposed to guarantee. No police escorted me to my aircraft in the cow field, as the doctor's note portrays, they were seen gathered under the trees, half a mile away, with surveillance gadgets and a ‘surface to air' missile, no doubt.

I went with witnesses to the court hearing in the Texas hospital only to be told by a lawyer there, again witnessed by Alvin Howell, the case had, as the attorney put it, "air- brushed out"! Court officials refused to let me get access to any public record of its existence. Good ‘Old Uncle Sam' and so called human rights.

I chased over 50 JR Applications in that ridiculous building, the Royal Courts of Justice, London, knowing full well the lawyers in the RCVS would use those trivial motoring convictions  to have me struck off.  I believe HM intervention was originally to investigate the South Wales Police conduct following my complaints but everybody is keeping their traps shut.

It was encouraging to see the way the June 08 CAA memo described these minor South Wales  convictions. A pity someone in the CAA could not back me on that point against the RCVS, refusing my right to practice veterinary surgery.

It is therefore of interest to me that the HM Attorney General instigated, both in 2003 and last year, an enquiry with the CAA to get information from their Legal Department to get me certified. I must start new applications concerning failed CAA disclosure.

To be certified as a vexatious litigant does have its advantages. I could not think of anything more enjoyable as to never ever having to enter such sewers of depravity, UK court rooms, each in there trying to outdo the other by their level of deceit.

Please pass this e-mail on to the CAA department withholding the information I feel you require.

Yours sincerely,

Maurice J Kirk. BVSc

Copy to John Smith MP

FAO

Royal College of Veterinary Surgeons,   HM Attorney -General and South Wales Police

Pre Action Protocol

Judicial Review Application        19^th January 2009           C0/397/2009

Dear Sirs,

Abuse of Process

I have been forced to lodged a Judicial Review Application for my family and worldwide web site readers in order to inform those expressing concern about your apparent ‘cosy relationship,' in the HM Partnership, in ongoing litigation in UK courts against fellow ‘litigants in person', unable to obtain independent legal representation.

All three of you refuse to disclose evidence gathered during your respective investigations in order to have me punished, struck off or jailed.

All three of you, in court, have relied on Section 42, ‘legal profession privilege'.

The RCVS and HM Treasury Solicitor have been challenged under the 1966 Data Protection Act to reveal your communications about me.

The Information Commissioner has interpreted the purpose of the Act by stating the RCVS ‘need not disclose the evidence', gathered from my own clients, by lay staff of the college, not even to him. His communications with the RCVS, supporting this argument also, of course, remains ‘privileged'!

 The HM Treasury Solicitor, in court last week, on behalf of the HM Home Secretary again refuses to disclose anything concerning the 7 year investigation on me where the HM Attorney General'  ordered all three of you defendants to communicate with each other and disclose the undisclosed evidence, in respective ongoing court cases, without my knowledge and contrary to law.  

Supply evidence, to which I am entitled and I will withdraw most Actions currently before courts.

Maurice J Kirk BVSc

Copy to John Smith MP & http://www.kirkflyingvet.com/ & http://www.wacl.org.uk/  

President GW Bush

Crawford,

Texas

USA                                           

Dear Sir,

General Patton's WW2 D-Day Piper Cub Reg. G-KIRK

A pilot in England must never admit to be suffering from depression or he may lose his licence. I know.

In February this year, about a hundred miles off Haiti, Caribbean, my US army 1943 Piper Cub experienced engine failure and ditched in the sea. For the next three hours I huddled, freezing in a leaky life raft, waist high in water, desperately trying to keep my satellite distress beacon up out of the water!

Just as the sun was going down, expecting to be breakfast for the sharks, I heard the magic drone of a ‘gurt' black and red US Coast Guard Jay Hawk helicopter, out of Greater Inagua US Air Base, piloted by Julie Kuck with her merry rescue team.

Safely on dry land I quickly bought another aging J3 Piper Cub in Daytona, Florida, in order to carry on my life's dream, a ‘flight around the world'. I had competed in the 2001 London to Sydney Air Race sponsored by a benevolent Arizonian who, having read my web site, laughed so much paid my $50,000 ticket! A world record from Norfolk Island to Brisbane, Australia for a J3 Cub and then engine failure with a spectacular crash, in Japan, are just a couple of stories in my travels.

Then things in Texas all went, may I suggest, somewhat ‘pear shaped'.

Whilst ‘test flying' the new (1946) little yellow Cub out of a field near Houston, Texas, before setting off for the Falkland Islands, South America, I decided to thank you, as C in C, for saving my life. The plans were to land near Crawford and walk/taxi into the P49 Restriction Zone and deliver a note, similar to this, at the gate of your Texas residence.

I have been, I believe, quite misunderstood and was arrested and deported back to UK with a suggestion from the US Embassy suggesting I will not be allowed to re enter the United States of America again. The Federal Aviation Authority [enclosed], however, telephoned me personally to assure me my flight, subject to paperwork, landing in farmer Hawkins's field, near Crawford, was no aviation offence.

I humbly request that I may be allowed to retrieve my little Cub in Houston and fly her direct across the Mexican border, one way, in order I may fulfil my dream of flying the Andes and to our British outpost.

Yours faithfully,

Maurice J Kirk BVSc and Family.                   PS 'gurt' is Somerset, West Country, language for ‘BIG'!        PPS Enclosed US Pilot's report and ‘Lest We Forget' memo

'Marlpits'

St Donats,

Llantwit Major

South Wales CF61 1ZB

To whom it may concern:

Brian Throop of the FAA in Washington D.C stated to me on 6/20/08 via telephone that as far as he knew there were no known airspace infractions or FAA violations made by Mr. Maurice Kirk.  I have also spoke with Mr. Throop on several occasions in regards to Mr. Kirk.  Tel: (202) 538-9013.

Also on 5/01/08 in taking Mr. Kirk back to his aircraft in Crawford, Texas. Mr. Arnold Theymeyer of the FAA in Ft. Worth Texas had a phone conversation with Mr. Kirk stating that he had committed no offenses, and was given authorization to fly his aircraft.  My wife, Kandy Howell was also present and spoke with Mr.  Arnold Theymeyer.

Alvin M. Howell

Private Pilot/Airframe and Power Plant Technician/Inspection Authorization with  36 years experience in the aviation industry. Have had a US private pilot’s license since 1974.   I also work for Standard Aero located at George Bush Intercontinental Airport in Houston as a QA inspector on corporate Business Jets.

My wife and I have a business that provides Safety Compliance Training to Aviation Maintenance Certified Repair Stations.

AMT Training Solutions

 http://www.amt-1.com

Thanks for your time

Sincerely

Alvin M. Howell

22715 Piper Rd

Needville, Tx. 77461

(979) 553-3040 home

(281) 974-6593 cell

Pehaps I should write to the 'new man' and offer my General Patton D-Day Piper Cub for the Smithsonian Museum?

I must  invite President Barck Obama to read an American's account of the 2001 London to Sydney Air Race, below:

from Air & Space / Smithsonian, June-July 2001)

"She's a very tired old girl," said Maurice Kirk of his 58-year-old Piper Cub, British registration G-KIRK, when they reached Sydney, Australia, last April. "She's lost a magneto, her fabric's coming off, and just about everything has broken that could." Kirk was tired too. The British veterinarian is only two years younger than his aircraft.

Their journey along the London-Sydney Air Race 2001 course took them halfway around the globe, nearly 14,000 miles. They flew 200 hours in 28 days, with only a single rest stop in Thailand, and that one given over to oil-sump repairs. G-KIRK was throwing oil, so Kirk doubled the sump's capacity by welding an extension to it. All the other sanctioned rest days were spent catching up with the race, which celebrated a century of Australian federation and re-created the "kangaroo route" air race of 1919. The winner was Spirit of Kai Tak, a state-of-the-art Piper Aerostar crewed by four Brits from Hong Kong. Thirty-seven teams left from Biggin Hill near London on March 11, and all but six were on hand for the triumphant fly-past of Sydney Harbor on April 8.

Which didn't include the gallant Piper Cub. G-KIRK was disqualified on the first day, when Kirk landed in a pasture west of Lyons, France, instead of Cannes, the official landing site, to the annoyance of police and race officials. "It was logistics," he later said. "They couldn't cope with the [60-knot] Cub. Or was it Maurice Kirk? I forget which." Nontheless, Kirk forged ahead, now just along for the ride.

When delivered to the U.S. Army Air Forces in 1943, G-KIRK had a 12-gallon fuselage tank and a range of 190 miles. That would hardly suffice for race days that averaged 500 miles and sometimes double that. Kirk learned that an American had once fitted his Cub with wing tanks from a Piper Colt; the modification had been approved by the Federal Aviation Administration and was therefore legal in Europe.

Now G-KIRK could carry 50 U.S. gallons. For a reserve, Kirk cached four plastic jugs in the cabin and snaked a tube through the window to the fuselage tank. In Calcutta, this rig actually put him ahead of the field: airport authorities neglected to send out a tanker of aviation gasoline, and deployed only one tanker the next day. The last contestant didn't get off the ground until 3 p.m. Kirk, meanwhile, refueled the night before with the help of a taxi, a nearby service station, and his jerry cans.

When Kirk set off from Biggin Hill, G-KIRK had sported a wind-vane generator between its landing struts, which powered a 12-volt fuel transfer pump. Alas, the generator failed in Saudi Arabia. Kirk thereafter relied on a hand wobble pump. This in turn failed while G-KIRK was flying across "some sea," as his wife Kirstie, coping with hoof-and-mouth disease at a veterinary hospital in Wales, described it on their Web site.

The sea was the Bay of Bengal, and Kirk managed to glide down to a Burmese beach for repairs. "They were all in skirts and treated me royally," he reported. "They fed me. It was fantastic."

G-KIRK also made unauthorized landings in Egypt, India, Thailand, Indonesia, and Australia, further alienating Kirk from officialdom while making him a hero to everyone else. He broke the monotony by occasionally cutting the engine, skimming down to 20 feet above the ground, and shouting to woodcutters or fishermen: "Hi! I'm on my way to Australia!"

Race rules required Kirk to carry a radio and a GPS receiver, which could fix his position by satellite. He preferred his old school atlas, plotting his course between "the pink bits" that once marked the far-flung British Empire.

The East Timor Sea, from Bali to Darwin, was the most difficult crossing: 500 miles, with the wind against him. Kirk got a head start by skipping to the island of Sumba, where he jettisoned his blind-flying gear, spare clothes, and the gifts he'd accumulated along the way.

"Just as the sun began to show itself, I took off against 10 mph headwinds," Kirk rhapsodized by cell phone from Sydney. To minimize the effects of the headwind, he flew 20 feet above the water, which led to a close encounter with two whales. He says he landed at Darwin with 15 minutes of fuel remaining and half an inch of oil on the dipstick.

On the final leg, to Coolangatta, G-KIRK threw two of the six bolts that secured its wooden propeller, which cracked. Happily, Lyle Campbell of Arizona had volunteered to carry a spare prop in his Grumman Albatross, the second oldest airplane in the race. Campbell had also underwritten Kirk's $25,000 entry fee, and he and other contestants ferried Kirk's daughter Belinda to Australia after race officials threw her off the dignitaries' aircraft in the Mideast.

At journey's end, Kirk's principal regret was that police helicopters kept him away from the Sydney Harbor Bridge. (G-KIRK was of course banned from the fly-past. It wasn't officially a contestant, and anyhow it didn't have a radio adequate for formation flying.) "No one has ever looped that bridge," he marveled. "Can you believe it?"

--Daniel Ford

Glamorgan Gem Newspaper 9th May 2008

Flying vet saga takes a new twist after the US authority‘s deportation threat

Friday, 09 May 2008

THE Vale's ‘Flying Vet' Maurice Kirk, is again behind bars in America - and is claiming that he was arrested in a swoop by the US ‘Secret Service'. Maurice Kirk's American troubles started when he landed his plane near the Texas ranch owned by US President George Bush. He was arrested by security officials - who doubted Mr Kirk's explanation that he wanted to deliver a personal ‘thank you' to the President after the US Coastguard rescued him earlier this year, when he was forced to ditch in the sea. Since the Flying Vet's problems in Texas began, his blog has been up-dated by his wife Kirsty. In her latest entry, she has reported that he has been arrested by the "secret service" and is now being held in the deportation unit. Mrs Kirk said that he had been invited to a restaurant for a beer (probably last Thursday, May 1) and was sitting outside on a bench with local residents when he was picked up by the police. Mrs Kirk said the reason given was that "he had been seen wandering around town aimlessly with a gas can". She continued: "M (Maurice) believes that the secret service traced him to this location by him using his credit card, and the public intoxication charge was used to hold him until the secret service arrived." Mrs Kirk then went on to say that an immigration official had told Maurice his original act of landing his plane near the President's ranch, was "a criminal activity which endangers public safety" - and that that would be the reason for his deportation. She said that he was offered a deal, whereby he would be driven to the airport to board a flight to London - and would not be deported. However, Mrs Kirk said that her husband refused to have "charges on his record for offences he did not commit". She added: "When he refused, they shackled him in hand and ankle cuffs, and he was taken to the deportation centre in Houston."

Having now just about recovered from standing in twenty queues, in my jaunt around Paris and Disneyland for 4 days with Genevieve, I am now back in St Vran to run a 'Vide Grenier', sale of virtually anything while attempting to sell/rent the properties. Run by JC and Caty actually while I enjoy oysters again at 4 Euros per dozen, fresh off the Breton beach, instead of those offered in Paris last week at 32 Euros for just 6!   But first, while I still have a clear head, I must summarise one of the outstsning court cases back in England to an intersted new 3rd party only picked up by the power this blog site.

Draft  50% complete                                 Brief for Court of Appeal            20^th December 2008

Maurice Kirk v Royal College of Veterinary Surgeons

I have been refused re instatement to ‘practice veterinary surgery' six times contrary to Articles 1, 6, 8 and 10  of The European Convention of Human Rights and Fundamental Freedoms

    Summary

• 1. 1967 RCVS Royal Charter and HM Judge's Oath to Her Majesty demands favouritism to RCVS and their agents and is a breach of Human Rights Act 1998 and this has been admitted by RCVS.

• 2. 2002 Original RCVS Tribunal Hearing following a complaint by the South Wales Police.

Charge 1.  11 convictions over 10 years. 5 minor motoring, 3 common assaults and 3 of public order.

Common Assault Convictions:

1994. Catching a thief by the arm in my own house with medical evidence, relied on originally to prosecute but following cross examination of their only witness, the claimant for monetary compensation, the evidence mysteriously became ‘unavailable'.

1997. Evidence from Christopher Paul Ebbs, alone, a compulsive liar with extended mental health and criminal history.

1997. Despite prosecution barrister informing the RCVS case should never have come to court, Mr Kirk having been first struck across the face by a recently retired South Wales Police inspector, Howard Davis and then knocked to the ground by a security guard bigger than himself.

Verdict:     Name removed from veterinary register.

Charge 2.  ‘Unprofessional Conduct'.

Incident involved 2 dogs purportedly fallen over a cliff. In reality the police had failed to call me for 90 + minutes my arriving at the scene within 17 minutes of the call to witness, in my clinical opinion, criminal negligence by others, all later identified, when presented with a dying dog having a neglected suppurating and bleeding tumour, almost the size of a cricket ball, in the angle of her mouth. The RCVS took the view my refusal to divulge confidential client/criminal information to the gathering crowd, as I tried to struggle carry a large dog across the stones of the beach to my veterinary hospital, was unprofessional.

Verdict:    6 month suspension.

Throughout the trial, ending on 29^th May 2002:

a. I was refused ‘witnesses of fact', including any investigating police, investigating RCVS staff or external lawyers, complainants or eye witnesses of any of the convictions being considered.

b. I was refused any information on how evidence was gathered, by whom and why?

c. I have been refused any of the ‘contemporaneous record' of that enquiry (even evidence gathered from my own veterinary hospital clients). The South Wales Police was the complainant in 2001, to have my name removed from the veterinary register, having just lost 121 criminal prosecutions against me exposing their widespread perjury and perversion of justice with not a finger raised by the series of judges in the welsh courts.

d. Favourable witness statements were withheld and some altered and served on me as originals.

e. Witnesses tendered by the RCVS had fictitious addresses and could therefore not be contacted for the trial.

f. The RCVS ‘cherry picked' a van full of hostile policemen to be my ‘defence' witnesses my only to being informed of their presence in the building as they were due to enter the witness box! The Court of Appeal had already refused them the right to give evidence following my failed appeal to serve any witness summonses.

g. The QC, Alison Foster, for the prosecution repeatedly lied or deceived the court on facts she and I knew were otherwise.

h. The Legal Assessor, Sir John Wood, was clearly medically unfit to conduct his responsibilities in ensuring the trial was conducted in a lawful manner.

i. The Legal Assessor demanded I disclose to the prosecution team the full content of my proposed defence evidence by identifying my witnesses and their information even before the defence case was opened. He then refused any of them to give evidence even those not requiring witness summonses or hade not indicated they would attend voluntarily.

Privy Council Appeal, 19^th January 2004, Verdict:  Dismissed with costs exceeding £66,000.

•a.      The first 4 hearings from January 2003 onwards were my applications for disclosure of witness evidence. Each time the college QC informed their Lordships all relevant evidence had been disclosed prior to the trial. This was again proved incorrect in that later, in 2003, witness statements in my favour, one from a magistrate and significantly different to the one served on me before the trial, were ‘disclosed' but far too late for the politics in all this scandal to prevail. It further proved there must have been interviews and notes taken when my clients were gathered up by the RCVS in various buildings around Cardiff, several times in 2001.

•b.       Since the appeal the RCVS now admit there are contemporaneous records  of potential and used witnesses interviewed by the RCVS staff and external lawyers but they are deemed as ‘privileged' between their client , the South Wales Police, and my own veterinary clients now, apparently, clients for the college! Where are all the Law Society Contracts for all this?

•c.       The PC Judgment is particularly significant in that my veterinary expertise was never considered in doubt and that their Lordships indicated their ‘hope' I would be re instated to the register by November of the very same year.  So why was I not just supended?

The RCVS maintain I was rendered ‘unfit to practice veterinary surgery for each conviction' while the Judicial Committee ruled, in June 2004, I had been struck off for the ‘cumulative effect of all the convictions'.

In January 2008 Magistrates quashed one of the convictions relied on by the RCVS following wrong information from my confidential police files shown to the RCVS investigation team when records. Police knew they were knowingly incorrect.

The November 08 Disclosure Order on the South Wales Police, following  my 10 years attempting an ‘Abuse of Process Application', currently being heard in Cardiff Civil Court, will disclose, if not blocked again by HM Attorney General, further information relating to the unlawful conduct of the respective defendants.

[5 Civil Actions for harassment damages against the South Wales Police, the first lodged 16 years ago, following 121 charges lost by the police, numerous imprisonments after countless court cases and involving some 100 + other incidents of alleged harassment ‘too document heavy' for a trial by jury.

• 3. I am refused any information on how evidence was gathered, by whom and for why? No ‘contemporaneous record' of that enquiry, for the charges (even from my own veterinary hospital clients) have been disclosed. [South Wales Police was complainant to have my name removed from the veterinary register having just lost 121 criminal prosecutions suggesting unlawful conduct, hence the HM Partnership conspiracy to prevent disclosure ‘at all costs'.
• 4. HM Privy Council 19^th Jan 2004 Judgment, in my appeal, is a breach of ECHR Article 8 re ‘private life' when Lord Hoffman stated, in effect, I had ‘special responsibilities' in society even in my private life. This abuse may apply to all professions. RCVS rely on this abuse today refusing me re instatement.
• 5. My Abuse of Process Application is being blocked, re ‘Vexatious Litigant' Enquiry by HM Attorney General and HM Home Secretary's department, admitted in court by Government on 31st Oct 08 to be ongoing.

• 6. I am refused a ‘Trial by Jury' at Court of Appeal in South Wales Police 16 year ongoing case compensation. Police disclosed wrong confidential police records to college staff and their outside lawyers, contrary to Home Office Regulations 45/1987.

• 7. Ever since the RCVS have refused 'Disclosure' of their gathered evidence despite assurances in court, time and time again, that it would. Apparently disclosure will occur once I am re instated. Police, in Nov 08, now ordered to swear affidavit they have fully disclosed evidence relevant to 3 of the 5 Civil Actions lodged for police harassment.

 Reinstatement to practice veterinary surgery An Application can only be repeated every 10 months. There have been 6 refusals so far with a different procedure each time, almost the same jury each time and specific demands to which I must agree, if I am ever to be allowed membership, never metered out before.  

• 1. Oct/Nov 04 Application was refused without a tribunal decision leading to 1^st Judicial Review Application conducted ex parte later for me to be told the 2^nd application would le listed in 2005

• 2. 6^th January 05 Application Hearing was before the tribunal with a decision that, although all requirements for re instatement had been complied with, due to my apparent recent change in attitude re instatement was refused. April JR application led to9 both 4^th and 5^th application refusals JR applications on paper being heard in open court in July 2005 with £12,000 costs awarded ,not even questioned or taxed as to how it had arisen. The Judge admitted he had not and did not need to read the lodged papers of both parties for both JRs.

• 3. Nov 05 Application Hearing refused led to a 27^th Jan 06 JR Application when an Extended Civil Restraint Order was handed down following an application by the RCVS. This ECRO blocked outstanding disclosure applications needed for each Re instatement Application.

• 4. October 06 Application Hearing was refused following refusal of an adjournment to call character witnesses blocked by a telephone call to the Cardiff judge by the RCVS to block the issuing of witness summonses. RCVS used the excuse the ECRO prevented the issuing of witness summonses despite the court being told the office lawyer in the Royal Courts of Justice could possibly arrange the temporary lifting of the ECRO in order that evidence could be available.

• 5. September 07 Application was refused by the chairman of the tribunal alone and without legal advice, removing my name from the court list ,for the following week , stating that as I had raised irrelevant issues, my application to call character witnesses, there was little likely hood of my being successful. This led to a JR Application that was refused. It is currently lodged with the Court of Appeal for leave.

• 6. October 08 Application was refused by the chairman alone with a letter of legal advice from the current Legal Assessor. I was given until the 30^th September 08 to tender information in my application I was supposed to second guess in order for the same chairman as the year before may be minded to list the application for a hearing before the tribunal. A JR Application is currently being prepared.

Suggested Extra Reading

• 1. Original transcript
• 2. Privy Council Judgment(s) [ 7 hearings, 4 for failed disclosure and 2 for taxing of costs]
• 3. 6 RCVS files/demands and their submissions on each re instatement application
• 4. 6 JR Orders and transcripts/directions
• 5. Leaked HM Attorney General etc. internal memos.
• 6. Disclosure obtained from 8 currently running cases in civil courts.
• 7. Disclosure obtained from pending criminal court.

The ‘Balance of Probabilities'

Whilst we all know both the RCVS and South Wales Police will succeed in failing to reveal proper disclosure, contrary to law, due to the current politics of our UK judicial system, it is just how they have managed between them to have me struck of the veterinary register in such unique circumstances and continue to prevent my re instatement, contrary to their Lordship's apparent wishes, needs to be made public across the world.

 Based on the ‘balance of probabilities' if we are allowed to examine what they have done, in past disciplinary hearings before my May 2002 departure from my profession and since, with other applicants, I am confident in  the outcome. Alas, the RCVS Registrar refuses to disclose any such material.

The reason behind the RCVS in not allowing reinstatement is nothing whatever to do with my apparent demeanour as court record alone will confirm. I have complied to their ever changing demands, following each JR Application,  It has been admitted by college members that should I be re instated as a member of the profession again then their HM joint ability to continue in refusing disclosure will undoubtedly become  less effective. ............

Further, legal advice suggests the RCVS are immune, in any event, to any liability to financial compensation. So much for the HM Partnership.

50% completed..........................................

Maurice J Kirk BVSc

 CONTACT  Tel +441446792109 Mobile 07966523940 maurice@kirkflyingvet.com  http://www.kirkflyingvet.com/

but I have some legal nonsence to put down in order to brie an intersyed party on the old chestnut of HM Partnership and how it affects justice in aour courts, that man made concept which ,in reality , is a myth.