BM8473 Kirk
HM Prison
Knox Road
Cardiff

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
Cardiff
2 December 2009

Clerk to the Court
Cardiff Crown Court
Cardiff  

Ref: T20097445

Dear Sir

FAILED DISCLOSURE AND DELIBERATE DELAY FOR TRIAL

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

Extracts:

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.’