Maurice Kirk

Legal Battles

December 2009 - Posts

Reports on his current court case that started September 7, 2010 and previous stories. Please sign our online petition asking for Fair Trials and Compensation instead of an effective remedy before national authorities - in defence of Maurice and many other victims of financial exploitation and legal oppression. Here's the newsletter that invited people to sign. And here are the first wonderful comments by signatories.

Breaking News:

October 2011: Maurice on hunger strike in HMP Cardiff. See Political asylum granted by France - to a British citizen - for the first time since the French Revolution... For first time visitors, a one-page summary is on a complementary and introductory blog. Also, Maurice on a 12-minute video in Jersey.

    BM8473 Kirk
    HM Prison
    CF24 OUG
    03 December 2009

    Cardiff Crown Court
    The Law Courts
    CF10 3PG


    I appeal against your refusal for me to act ‘In Person’.

    In the meantime can you circulate this document, even outside your ring fence, should some unsuspecting lawyer put their head above the proverbial parapet?


    1. Subject to £50,360 from HM 23 October 09 judgment against HM, enclosed, being paid into my prison canteen, I will be ‘in funds’ to instruct you immediately. By Sunday I have no canteen or easy access to private cash, due to HM nonsense.

    2. The first instruction will either be for;

    a) Drafting the changes under the 1977 Criminal Law Act e.g. ‘Conspiracy to do acts tending to corrupt public morals or outrage public decency’, maybe or, Section 1(1) and/or 1(3), perhaps for the 11 December Private Criminal Prosecution of the Chief Constable of the South Wales Constabulary, Barbara Wilding, at Cardiff Magistrates

    b) Drafting yet further ‘Defence Statements’ in the current indictable offence against me, namely ‘Possession of a circa 1916 antique, decommissioned, Lewis Machine Gun and ‘transferring it’

    c) Royal Courts of Justice Action under Section 3 of the 1966 Fraud Act, maybe for the 25 February 09 Chief Constable’s erroneous sworn Affidavit, found on downloads on

    d) Royal Courts of Justice ‘Contempt of Court’ proceedings brought by the HM Attorney General against the Chief Constable under CPR 31, perhaps, for denying knowledge of police recorded incidents or Barry Magistrates cases lost by HM but protected by HMP!!

    e) Court of appeal Hearing preparation from 15 June 09 Judicial Review Application for ‘HM Conspiratorial Partnership’ between defendants, namely HM Attorney General (Enclosed 2003 to date, activity to have me Certified as a ‘Vexatious Litigant), the College of Veterinary Surgeons (refusal to convene a court to consider my re-instatement) and South Wales Police (17 years of covert police surveillance) their MAPPA team in the back row of Court 9.

    f)  Nigel Rees, MAPPA Co-ordinator, Prosecution (enclosed 1st December 09 letter) refusing disclosure for 17 December Bail Application

    g) HM Caswell Clinic Psychiatric Forensic Service, for deliberately withholding July 2009 Psychiatric Reports that caused my terrifying incarceration for 3 months under a Section 35 of the 1983 Mental Health Action deliberately to delay Crown Court Trial.

    h) The 3 joined civil actions for [police harassment, the Trial of which is due to start on 10 January 2010.

    Or, maybe in the light of HM having failed to section me on 02 December to an indeterminate prison sentence, (Imprisonment for Public Protection) in their proposed Ashworth High Security Psychiatric Hospital, Liverpool, you may suggest I leave this HM dominated jurisdiction to live elsewhere before HM dream up some other scam to fuel the gravy train with tax payers money.

    His Honour Judge Seys Llewellyn QC is the trial judge for my 17 years running litigation for South Wales Police false imprisonments, was the Crown Court Judge for a minor motoring offence that led to my being struck off the Veterinary Register, was one Judge to delay my £50,360 HM judgment from being obtained 2 years ago and is aware, I hope, that this 2nd HM Judgment for false imprisonment by HM, delayed due to his commitment under the 2006 Extended Civil Restraint Order (ECRO) now updated this year, with MAPPA surveillance, admitted in the court room, on 15 June in the Royal Courts of justice.

    It would be a bit of fun if you could arrange for His Honour to be the trial judge in February trial for the mandatory 5 year prison sentence for once being in possession of the remains of an original World War 1 aviation modified Lewis Machine Gun, that may have haven the very weapon used by 24 Squadron of the Royal Flying Corps to bag Wales’ first Victoria Cross.

    On a more sober note the Recorder of Cardiff, Judge N Cooke, was minded to give me bail (see transcripts on website), but considered my 26 April 2009 letter to the Chief Constable for disclosure and £10,000 reward for retired police officers home addresses, to serve the 100 or so witness statements, as tantamount to ‘high risk’ to the general public, the very sign, in red ink, that was then put on my cell door as I was returned back to prison.

    The £50,000 can be spent immediately for you to organize the 60 or so policemen and civilians I already know about, for attendance at both Criminal and Civil Trails.

    As with the 5 previous Cardiff Crown Court White Hall farces, I have only been able to win on the laws of sufficient ‘DISCLOSURE’.

    That is your job and you must get on with it please.

    The South Wales Police have been known to tamper with evidence in my cases, and no doubt, that is a reason Barry Magistrates gave me unconditional bail to preserve evidence and for me to trace defence witnesses.  Another job?

    The previous owner of the De Havilland Biplane, the Royal Air Force at Lyneham Airfield, and countless South Wales Police who played ‘pass the parcel’ around Bridgend HQ, are all vital witnesses to give evidence.

    Statements need to be obtained immediately before they are knobbled.

    Then there are all the people that have also been ‘in possession’ of the aircraft since the 80’s who, rumour has it, have not yet been interviewed.

    I need a lawyer who is prepared to obtain the evidence from Barbara’s own lawyers, defending her in my 7 civil damages claims, as it is they that had me jailed on some pretext or other of ‘threats of criminal damage’, now buried with HM’s blessing.

    This leads me to another touchy subject for a lawyer and that is whether you are prepared to be a party to a ‘sting’ as I described it in court yesterday, my being rather ‘light headed’ and apparently discourteous to the 7th Cardiff Judge to refuse me bail, my having just avoided a potential imprisonment for life without trail, or even on the 30 odd doctors examining my case in the court room!   Northern Ireland’s equivalent?

    I was surprised it was conducted in English.

    As the helicopter circled overhead our house and ‘Operation Chalice’ launched still more police officers with sophisticated search equipment, sniffer dogs, psychiatrists and countless vehicles, I placed appropriate ammunition to be found on video later, to prove malfeasance.

    Interestingly, the arrest for being in possession of ammunition and current possession of a fire arm was dropped, nor would the 30 odd search team dig where they were told they might find more evidence, contrary to the 1968 Firearms Act.

    Thank you.

    M J Kirk

    (also enclosed covert police photographs)

  • December Letters

    BM8473 Kirk
    HM Prison
    Knox Road

    02 December 2009

    Crown Prosecution Service Cardiff

    Ref T20097445

    R -v- Kirk

    1.         I again raised today the issue of the 3 reasons given for my arrest.  Were there any other reasons?

    2.         ‘Live Ammo’. I again raised the issue of ‘preservation of evidence’.

    a)         Did the police recover any ‘live ammo’ at Marlpits on 22 June 2009 and if so, what and why was my arrest allegation on the matter then dropped?  I deliberately left 303 ammunition for you.

    b)         Will you return my computer to me, immediately?

    3.         Can you supply me ASAP with the complaint statements causing my arrest on 22 June.  If not, why not?

    4.         Why was my arrest aborted on the previous day?  I need full disclosure of helicopter surveillance Operation Chalice and the names of the sniffer dogs.

    5.         Your years of MAPPA’s level 3 surveillance must have yielded a huge quantity of information to interest my trial Judge, His Honour Judge Seys Llewellyn QC, in my civil action against the police, your client, and for civilian juries for years to come.

    I ask that it be disclosed IMMEDIATELY or PII (Public Interest Immunity) argument started as Civil Trial starts 10 January 2010.

    Thank you

    MJ Kirk

    BM8473 Kirk
    HM Prison
    Knox Road
    2 December 2009

    Clerk to the Court
    Cardiff Crown Court

    Ref: T20097445

    Dear Sir


    I have written and asked in Court, numerous times, for some basic rights as an unconvicted, unrepresented prisoner.

    To date, you have again ignored each request for disclosure.  Both the CPS and Police withhold relevant evidence detrimental to both their civil and criminal cases, they being one of the same.

    Over 5 months down the line, from my arrest, 7 Cardiff Judges have now managed to delay both primary and secondary disclosure of evidence and their latest (12th?) 25 November, Dr Silva Psychiatric report, in a clear attempt to sweep their action under the proverbial carpet, was clearly written to placate the HM current conspiracy to have me sectioned under IPP (Imprisonment for Public Protection).

    Dr Silva’s report deliberately avoids the issue as to when and why I am a MAPPA Level 3 ‘high-risk’.   This 7th Judge, Gareth Jones, in turn, also does not appear to have the moral fibre to come clean, refusing all my applications as if I am something he had inadvertently just stepped in, in some Cardiff back street.

    To whom do I complain, if not you, that both HM Caswell Clinic and HM Prison medical records have been now released, too late for court redacted and with several of the favourite psychiatric reports, deliberately buried?

    What is most frightening is that this 7th Cardiff Judge also had the power today to keep me in prison for life, without either Dr Tegwn Williams or Dr Edward Silva in court, to be challenged, no civilian jury or disclosure of the previous psychiatrists reports written by South Wales Police and Caswell Forensic Psychiatrists, stating I have been ‘fit’ to plead and defend myself since the 22 June 2009.

    It is therefore  of no surprise to me that HM Police, HM Crown Prosecution Service continue to refuse disclosure of who instigated my arrest in the first place and why is it, no one else is jailed without trial for being in possession of such a, presumably, dangerous weapon?

    I again apply for the trial to take place in England.

    MJ Kirk

    Enclosed extracts of 25 November Psychiatric Report

    Copy to County Court – Ref CF101741.

    25 November 2009 Dr Edward Silva Psychiatric Report


    Court Instruction to indicate:

    Page 2

    f) Whether, to protect the public from serious harm, a Restriction Order
    (ie an order restricting the Defendant’s Discharge) should be imposed?

    Page 4          
    13.       Letter from Professor Roger Woods

    Page 22
    ‘I have been told by the court that he declines any further psychiatric assessment.’

    Page 25
    ‘It appears that Mr Kirk easily meets criteria to be fit to plead and stand trial regardless as to whether or not he might act in what others might see as in his own best interest or become diverted.’

    ‘I agree with Dr Williams that Mr Kirk does not currently appear to be suffering from a mental disorder of a nature or degree that would make detention in hospital appropriate.’