Maurice Kirk

Legal Battles

September 2010 - 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 http://bit.ly/qnyRUt 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.
  • Before Trial Day 12 in 2 weeks: Position Statement

    Position Statement
    Kirk v South Wales Police
    CF 101 741 etc

    28th Sept 2010

    Yesterday, His Honour expected me to talk for a week on law, as well, and on legal argument for not striking out the most relevant incidents of misfeasance, malice and deliberate inactivity. These included the Cowbridge Show case, jailed despite Breach of the Peace 'withdrawn', police leaving my vehicles abandoned on the road side, unlocked full of dangerous drugs, stolen cheques by known identified crooks not even interviewed, roundabout case, careless driving for rounding an empty five lane roundabout, two and one half times at 4mph with police caught in court saying,"we will get the *** driving around in his little white sports car", and the list went on and on.

    Case adjourned for 2 weeks for judge written order re MAPPA release of Executive Summaries... Police fighting tooth and nail, if released here or by Court of Appeal, I cannot publish on website or to be heavily 'redacted', cross out names , organisations etc...I have no worry about the latter. Barbara Wilding organised the prosecution weeks before my arrest dependent upon Dr Tegwyn Williams' false evidence. They even sat around the table, on the 8th June with others, known to me and Dolmans, discussing my proposed permanent departure from society.  

    I had long gone from court, due to too much morphine, possibly, having tried to juggle the amount for pain versus a woolly head! The case continued in my absence for the rest of the day. I was later told by someone in the audience... Judge not happy about adding 4th Action while police QC used the word 'vilification' more than once, stating my 'game' was always to bring in fresh evidence at the last moment! Rich from him refusing to identify all the police names at each incident or Crime Reference numbers to enquire as to the progress of any of the hundred or so encounters in my eight miserable years...

    I am not fit. So judge is pushing for the case to continue from home... my argument in writing... I cannot get my head round that idea when no court, not even this one, will order police to hand over medical evidence used on 2nd December 09, in Crown Court, in Defendant's 'last ditch' attempt to have me sectioned to Broadmoor, for life.

    I was only in court a few minutes today, but did hear judge confirm with police QC, trailing barrister, partner of Dolmans and their hangers on, all acknowledging the police, the Defendant, present in court, did not have the MAPPA 'minutes' of the Barbara Wilding chaired meetings! 

    Why do I bother to attend at all?

    His Honour, yesterday, suggested I obtain a signed witness statement from scrap dealer. So I enclose, obtained this morning, on Barry Island. The scrappy now told me I had originally complained to the police for not arresting him, in April 1996, for theft of car but police refused to investigate. Time passed until Jackie Seal, CPS prosecutor, was asked on how to get Kirk off the police back. She told the policeman go and arrest him, interview and then release, 'no charge' and in that way Kirk cannot get anywhere with it! This interview has now found six more witnesses implicated in the 3 Actions but CPS and Dolmans continue to refuse to disclose identity or crime reference numbers.

    Maurice J Kirk BVSc

  • Trial Day 11: Police deny having minutes of MAPPA meetings

     How do you measure the quality of lying? Let me count the ways:

    1. by the quality of the lyer, i.e. it's worse when employees of a public authority, who are doing their job based on a professional oath, are lying
    2. by the quality of the truth, i.e. if it's peanuts or a big deal, such as meetings about the surveillance of 'serious offenders' who pose supposedly a threat to the community
    3. by the purpose of the lie, i.e. what is achieved if the Police says they have no minutes? Maurice's case can be struck out. What if they disclose the minutes? Maurice might win his case and the Defendant might have to offer to settle out of court...
    4. by the embarrassment imagined in the mind of the lyer or their lawyers, i.e. who is going to pay for the lawyers' time: the taxpayer or Maurice who would presumably be bankrupted in the process...
    5. by the fear of bad PR and the resulting bad image: who risks more: the Police or their lawyers?

    How does one ask

    • for common sense or 'proportionality' in terms of law
    • for empathy with a man in pain
    • for sense and sensibility in terms of David and Goliath?
  • Before Trial Day 11: a threat to those paid from the public purse under false pretences

    Maurice tries to live, despite his serious health problems, and respond to the challenge of doing the right thing in court, even though his emails are getting blocked. Today the judge thought that Maurice is fit enough to carry on the case from home... Anybody ever heard from a court case being carried out from home, because the authorities won't release medical records???

    Here is the document that I delivered by email on his behalf: an Application for an Order with 4 requests:

    1. that the crime reference numbers that relate to the Applicant (Maurice) be disclosed
    2. that the minutes of MAPPA meetings be disclosed
    3. that the CPS (Crown Prosecution Service) disclose evidence not already disclosed
    4. that the 4th Action be joined with the current three actions.
    A celtic knot of Actions that I'm still trying to unravel...

     

     

  • Trial Day 10 Kirk v South Wales Police

    Unable to drive again and severe head ache...the wrong glases most likely! Morphine from hospital this week end

    served via police lawyers a summary of yesterday looking for old witnesses and had a'bit of fun' a somewhat rare commodity just now.

     

    Kirk v Chief Constable of the South Wales Police Constabulary

    Joined First 3 Actions
    CF101741 etc

    4th Action 7CF07345

    5th Action 8CF02269/9CF02983 MAPPA/HM Prison

    7th Action 9CF Delayed Gun Licence Renewal

    9CF04115 Royal College of Veterinary Surgeons

    Position Statement 27th September 2010

    On Sunday, 26th September 2010, the Claimant traced a scrap dealer previously reported for stealing a veterinary practice car back in 1996. (4th Action, para 11)

    The following information is just part of what the scrap dealer told the Claimant relating to a number of incidents identified in the 4th Action:

    The Barry police visited his Barry scrap yard where the car was identified as the one stolen. Police were informed the Vale Council, a Mr David Button, had authorised its collection from behind the Claimant's veterinary hospital as it was considered abandoned. The police then told him "we hate Kirk's guts". "I want you to take it immediately to Penarth police station, on your lorry, where I will later inform Kirk it has been traced". "I will have the greatest of pleasure in booking Kirk when he comes to collect it and drives it away without tax, MOT or insurance ".

    One of the police then jumped up into the scrap dealer's cab and was driven all the way out to Penarth leaving the other police officer to drive the police car away on other business. The police officer never informed the Claimant nor ,on 3rd May 1996, did the Defendant explain the circumstances for it being in Penarth

    Jackie Seal, Crown Prosecutor

     

    Jackie Seal issued various instructions in the matter following the scrap dealer being arrested for theft, interviewed under caution, tape recorded, all at Barry police station. She was also aware that the Claimant had lodged numerous other complaints to the police before the police visited the scrap yard. Police records will disclose each police officer involved by the crime reference number (incident/occurrence numbers). Since receipt of the 4th Action for damages the Defendant has refused to disclose Crime Reference numbers identified in all the above seven Actions.

    The reason for the delay in the Claimant being informed of the car's whereabouts and as to why it had been taken out of Barry will be on both South Wales Police and Crown Prosecution records.

    The Claimant has already obtained partial disclosure, before Nicholas Chambers QC, despite PII rebuttal, further revealing the somewhat exessive interest the Crown Prosecution Service has had, during the relevant period, in the Claimant's apparent welfare.

    At 12.30 am, after hours of hanging around Barry public houses and buying the target too many pints for information, the Claimant scored by finding a few more witnesses relating to police misconduct.

    He found the retired ex-RAF 80 year old, retired military police officer, buying his Sunday papers and swerved up onto the pavement in order not to lose him. The Claimant had been looking for him for months, once it became clear identity of police Crime Reference numbers was the Barry police's 'Achilles heel', in all Actions.

    The witness had been an usher in the Barry court, for eight years, in the mid 70s and remembered a number of Action incidents within the building.

    This led to his successor also being traced, that afternoon, in the Barry docks area. The second usher remembered, vividly, my arresting CPS prosecutor, Stan Stoffa, in Court Room 1, taking him by the scruff of his neck and not releasing him until , eventually , when the finally police arrived and had agreed to secure the CPS prosecution file from under the prisoner's arm.

    The retired usher recalled the driver, in the alleged motoring incident had been someone else, not the Claimant, driving the vehicle, caught on camera

    in a St Nicholas village radar trap.

    Barbara Wilding 25th February 09 sworn affidavit denied knowledge of the court proceedings.

    The usher also remembered the magistrates adjourning for an hour, in another case brought by the same police, in order to

    allow the Claimant to calve a cow his veterinary assistant was having trouble over somewhere in the Vale of Glamorgan.

    At around 6.30pm, on the same day, the Claimant returned, as arranged, to a Barry public house where monies offered for information again appeared to bare fruit. One, possibly two more, have been traced who , in the 90s, would listen on their radio scanners to the nocturnal activity of Barry police outside the Claimant's veterinary hospital , examining his practice vehicles.

    Today, HMCourt Service continues to block the Claimant's attempt to process legal papers for all the above proceedings.

    Adjourned hearing of 24th September 2010 due to Claimant's ill health continues to be protracted by the failure of either Cardiff Crown Cown or Civil Court ordering the Defendant, the South Wales Police, the NHS, Dr Tegwyn Williams or Crown Prosecution Service in disclosing the medical evidence used on the 2nd December 2009, before His Honour Judge Bidder QC, with court tape recorder firmly switched off and the Claimant denied access to his own court.

    Pain and suffering has affected the progress of his damages claim against the Royal College of Veterinary Surgeons when lawyers for the college obtain, contrary to home Office regulations, from the South Wales Police, the complainant in 2001/2, confidentual police files and covert surveillance information on the Claimant detrimental to all named Defendants, in the above named Actions but never disclosed to the Claimant.

    The Claimant's action against the RCVS has been struck out, for want of evidence served despite applications by the Claimant to adjourn both HM Prison and RCVS current cases until the Claimant is medically fit. The Claimant seeks to 'set aside' the 24th September 2010 RCVS judgment and further pursue his right of disclosure of relevant evidence in the control of RCVS lawyers, police, CPS and prison.

    Barry Magistrates accepted medical evidence, this month, to postpone a criminal matter while the Trial judge ruled, also this month, following the production of four medoical reports, that the Claimant was considered not fit to conduct a prosecution in the current proceedings.

    Maurice J Kirk BVSc

      

    In The Cardiff Court

    Kirk v Chief Constable of South Wales Constabulary

    3 Joined Actions BS614159-MC65, CF101741 and CF204141

    4th Action 7CF07345

    27th September 2010

     

    Application

    The Claimant applies for an Order,

    1. that the Crime Reference Numbers for each incident relating to the Applicant, in the above named Actions, be identified and that the the participants and their contemporaneous record in each incident be also identified and disclosed.

    2. that the minutes of MAPPA meetings, chaired by the Defendant, relating to the Claimant between June and December 2009 be disclosed.

    3. that the Crown Prosecution Service disclose evidence not already disclosed in the crime referenced incidents identified in the above named Actions.

    4. That the 4th Action, persuant to the permission granted by HHJ Nicholas Chambers QC for the Claimant to re apply, be joined with the first three Actions in the current proceedings.

    HM Court Service to accept the court fee .

  • Trial Day 10: HH Judge Seys Llewellyn QC delaying the key issues

    Trial Day 10: Friday 24th September

    A 'Senior Moment'. Woke up at 3.10am but took 30 minutes looking for my computer, I had hidden just a few hours before..... Completely 'lost the plot', I soon realised, as I tripped on the power cable plugged into the wall: still connected, this time, defeating the whole purpose to foil burglars, as I had simply covered it with half a ton of chaotically strewn court papers covering nearly all the living floor.

    Morphine blood levels, due to a difficult night, meant sleep attempts soon abandoned. This also meant no driving to court today, but five civil cases, each with serious consequences, either way, were due to be 'determined' needing a clear mind. With Dr Tegwyn Williams' huge NHS legal team trying to block the court from ordering him to hand over my medical records to my anaesthetist, having refused to answer my calls, all week, return voice messages and e-mails, was sufficient warning that lawyer dirty play was to be, once again,  'occasioned'.

    Guy picked me up, far too late to get my latest medical report to the magistrates court, clearly indicating me unfit for that case to progress. We arrived outside the Cardiff Civil Justice Centre to be greeted by 'Rick on the Roof' and his banners telling of the harrowing tale of lawyer misconduct, answerable to no one. I offered him my megaphone and rattler, my favourite weapons for demonstrations outside the Royal Courts of Justice.

    The QC rambled on in monotone, through numerous motoring incidents needing to be 'struck out', saying that PC Kilberg appeared to 'feature in Maurice's life'. Sure thing he did, having said I had refused a breath test at the road side, leading to my current trial judge, then in Cardiff Crown Court, dismissing my subsequent appeal, in September 2001. The court did not believe my GP medical note, at the time, that with a little research, I would have been found to be virtually on the very same medication as I must take today, due to my much overdue hip replacement operation.

    The QC laboured the point that had the court, then, had 'better particulars', it may not have been adjourned. He appeared to forget to mention I had arranged for the consultant surgeon, my having just recovered from anaesthesia, before a TV screen, showing 'live', a passenger aircraft flying into the second remaining tower, left standing, that his letter, to the Crown Prosecution Service, vdirect, remained buried.

    That loss of a hearing and appeal allowed the RCVS lawyers, Penningtons, to latch onto, in order to allow their bebritched and buckled QC, prancing  around like some Shakespearian courtier, strutting and fretting her hour upon the stage, to persuade the lay Disciplinary Committee, in May 2002, that the mere fact I had 'failed' to attend court and had committed such a heinous crime, a road side breath test, in the words of the Chairperson, Ms Crispin, that this single conviction had rendered me 'unfit to practice veterinary medicine'.

    [The nonsense argument of my trial by jury, again being refused, the QC's weasel words, fighting a losing battle, it now appears, to have the judge NOT disclose the nefarious affairs of Barbara Wilding's chaired clandestine MAPPA meetings, in the seven or so pages of ‘Executive Summaries', arranged BEFORE I was arrested for trading in fire arms. The reader will have to wait for more later, today, as I have yet another hospital appointment].

    I managed to get to court, now out of tablets and what a palaver that is, getting Class A repeats when reliant on crutches!

    I just had to get to court but for four or more reasons and obtain the MAPPA 'official' record, clearly mine. That left 1) to hear the police argument, to 'strike out' 3rd Action paras 2, Cowbridge Show, 'Breach of the Peace' and 2) para 3, 'stolen and forged cheques' and 3) numerous other outstanding related cases being delayed due my inability to have access to the public counter or court e-mail service. 'Letter of authority' to another was also repeatedly refused. HM Court Service know that about £90,000 plus, in these other claims, are likely to finish with judgements in my favour and they know, it is all desperately needed to finance 'due process' in outstanding, NHS, RCVS, Vale of Glamorgan Council, police, prison and six other actions.

    "Now, we cannot have that, now can we? What is our lucrative 'HM Partnership' for, if it was not designed just for us, select members and definitely not there for the likes of him and other troublesome 'litigants in person'.

    MAPPA disclosure today? No chance Maurice, judgment deliberately delayed again. I should have stayed in bed.

    Repeated argument by police barrister, on the 'MAPPA summaries of monthly meetings, blocked that idea, for Court of Appeal now but clearly containing further evidence of malfeasance, despite them having been re-drafted by Dolmans or force solicitors, just recently.

    A trial by jury, truly the modern lawyer's 'bete noire', as with the continuance of lay magistrates, was again raised by Maurice, if only to provoke, but to prove a serious point, also destined for the Court of Appeal. As the QC had tried, this week, to re-introduce the four or five incidents to be 'struck out', again, when he knew, full well, HH Judge Jack QC had already put them back, in Maurice's Bristol appeal, to block, no doubt  the horror of a democratically decided procedure, dreamed up on Runnymede Island. Yes, HH Judge Jack QC managed to quash that scare of unpleasantness, later, in the police's successful Swansea appeal. "Could I please remove these incidents now, so I can have that jury back, HHJ Nicholas Chambers QC had ordered in the first place?"

    I had been using two walking sticks but pain relief on Morphine and Dichlorfenac seemed to be almost as good, for me, on one, unlike before and the high chair from late ex-mother-in-law, left in court each day, definitely seemed to ease the pain. Referred pain down the inside of my leg is quite another story. It was wicked, sometimes, like a stiletto knife being stuck right into the medial aspect of my left knee joint and slowly being twisted. Recent assault, being pushed down some stairs in the Crown Court, did not help matters with a possible small fracture, now, within an already worn out right ankle [see photo gallery] from the 70s. As test pilot for chain saw engines strapped onto aging hang gliders, the original, post Bleriot, microlite but not allowed wheels, you had to run, fast! One summer's day, off a Dorset cliff, near Golden Cap, Lyme Regis, I appeared to run out of height, airspeed and ideas, all at the same time but a perfectly timed parachute roll definitely saved my life.

    Apparently, the 'stolen cheques' incident, to be thrown out, had been heard earlier, but I must have missed it. There had been new evidence, only this week, that Barry police still refused to disclose crime reference numbers, in sensitive incidents and the two thieves have never been interviewed despite the address of one, now, is known to the South Wales Police. Trying to serve a position statement prepared before the hearing, predicting its outcome turned into a Whitehall farce. With the case adjourned due to my ill health, His Honour refusing to hear from Dr Tegwyn Williams re summoned, at still more expense, to give evidence of his findings, the court, again, gave me various e-mail addresses, all of which bounced as we waited in the court lunch hour.

    My phone call to Germany for Sabine to fax it to the court [see DOWNLOADS ] also went pear shaped, for despite unpacking her newly arrived fax machine she e-mailed back to say sorry, no telephone cable obtained in time. So my 23rd September written preliminary legal argument arising, asking for a Jury Trial and/or joining Action 4, now more and more evidence is being leaked by the police of a conspiracy could not be served on the court by 'close of play'.

    The Royal College of Veterinary Surgeons damages Claim had been thrown out that morning, my being handed the notice at lunch time, despite my numerous attempts to communicate, some succeeding to court, to college, to their lawyers and via my sister, that an adjournment was requested following the trial judge's ruling that the trial, hearing evidence, was adjourned for months until my hip was sorted. I reminded Meirion and Guy this was, no doubt, because my application, to practice veterinary surgery, had now reached the HM Privy Council for hearing with compelling legal argument that the HM College had acted 'ultra vires, and was yet another typical move of HM Partnership.

    Dr Tegwyn Williams, meantime, on the 2nd floor of the same building as us, had NHS lawyers frantically pleading to have the 'bus fares' claim to Caswell Clinic, four times, to also be struck out! Guy, I have since found out legged it up the stairs, after lunch, just in time to tell the court, Maurice had been phoning, e-mailing all week wishing to do a bit of pre action protocol but Graham Miles, Morgan Cole, could risk losing his lucrative hour in court billed at £1,800.

    But where is my shot gun licence renewal, from the new Chief Constable and damages judgment, applied for, for its delay? No, of course not. Just as with the judgment for £50,000 against HM prison, any idea in a HM settlement to a 'litigant in person', to no fault of his own, would be quite out of order.

    Merion, Guy and court clerk spent ages in the lunch hour, of the 10th day of the trial, trying to serve this Download Legal Arguement and Position Statement off my computor to various court e-mail addresses. Even Meirion using my computor but his e-mail address also had my document bounced back...dirty behaviour by HP Partnership being 'occassioned.....I now have it in note book so, once again I will cut and paste , send to the Defendant's solictors and ask them if they can get it before the trial judge first thing on Monday morning!

     IN THE CARDIFF COUNTY COURT

    CASE NO. BS 614159-MC65

    CF101741

    CF204141

    BETWEEN

    MAURICE JOHN KIRK

    Claimant

    and

    THE CHIEF CONSTABLE OF SOUTH WALES POLICE

    Defendant

    Issues arising from 22 September 2010 Hearing

    in Defendant’s Application to ‘Strike Out’ only Some Points

    Already Successfully Appealed

    1.

    The Claimant again brings reminder that five incidents have already been reinstated on

    Appeal, before HHJ Jack QC, following previous finding to „strike out‟, 12 years ago, in

    Bristol, with current QC instructed. 1st Action para 8.4,and 8.8 now need to be reinstated in

    current proceedings following Defendant conduct since 19.5.1998.

    2.

    HHJ Jack QC used, in Swansea Appeal, his decided „reinstated incidents‟, to refuse a Trial

    by Jury as case now, „document heavy‟, following Defendant‟s successful appeal against HHJ

    Nicholas Chambers QC ordering there will be a Trial by Jury, pursuant to Claimant‟s 1993 original

    specific instructions, to his now sacked solicitors, Bobbetts Mackan, Bristol. Instructions included, "I

    will prosecute police only if I am promised a civilian jury".

    3.

    Court of Appeal sat on papers for 17 months before Lord Thomas ruled appeal was „out of

    time‟ despite Swansea Court Appeal documents had been lodged and date stamped within 21 days.

    HM Court Service stated Royal Courts of Justice tape was „corrupted‟ and therefore could not be

    transcribed for House of Lords and European Court.

    ‘Duty of Care’ not to act recklessly or maliciously – Negligence.

    4.

    The Defendant ignores the Claimant‟s explanation at the opening of his interim - preliminary

    Skeleton Arguments, that this case being a most unusual and extreme case while Chief Constable

    Page 2

    knew, early on, that there was a problem of police acting maliciously or abusing their power and that

    the Chief Constable failed to intervene. The Court can take the view that a „Duty of Care‟ exists.

    5.

    Therefore, for the above reasons, and many more reasons, all actions and inaction by the

    Defendant can be actionable. All actions, inaction and events need to be explored in a full hearing of

    the facts. The case, bluntly, is „fact sensitive‟ and requires both MAPPA surveillance information and

    all crime reference numbers, for each incident relating to the Claimant, to be disclosed now.

    Events normally inactionable, can be actionable as part of a trend.

    6.

    To prove intent, malice, bad faith, state of mind and motives, it is necessary to look at the

    long term trend and all of what occurs, including the 4th Action, needing now to be joined, being a

    selection of incidents of Defendant conduct, during the time period of the first 3 Actions and also

    identifying South Wales Police misfeasance/malfeasance both before1993 and after 2002. 4th Action

    contains more police incidents than all other 7 Actions put together.

    Actionable - even if Convicted

    7.

    For many reasons including the arguments in all the points above, the Claimant believes it is

    highly improper of the Defendant to seek to imply that if errant Police, abuse their power to convict

    someone in the Criminal Courts that there is no opportunity to use the Civil Courts to show that

    conviction was unsound and/or was achieved by malicious and/or dishonest behaviour by some

    Police. (ECHR Article 6)

    Page 2 of 2

    Remedy can be by a blend of the Court Ruling on Facts and Compensation.

    8.

    Compensation is not the only way for the Court to provide Remedy. Needed Remedy can be

    achieved by this Court examining all the Claimant brings before the Court, where even oblique

    comment by his Honour in a written Judgement can allow substantial Remedy for the Claimant.

    9.

    Considering all the facts can protect the Claimant‟s present and future fundamental human

    rights ECHR Article 2, ECHR Article 5 Liberty when no charge is ever brought, ECHR Article 6 Fair

    Trial. Also hearing all the facts can explore issues to protect the future rights under ECHR Article 8

    The Claimant is too unwell to follow and respond to Proceedings at Present, and in desperation

    uses passing comment or legal terms given by other Litigant in Persons.

    Page 3

    10.

    The Claimant is not presently well enough to learn, understand or to explain legal arguments,

    but rather is given some legal points or phrases to use by other litigant in persons who are preparing

    their own cases at home, and are not present at Court.

    Acting in person, when most unwell, and the Overriding Interests of Justice & What Law and

    Facts are included in the Case.

    11.

    It is implicit in what has occurred that the Claimant needs to make amendments but that the

    Claimant has not been well enough to make changes that he wishes to the Particulars of Claim. The

    Claimant has not yet finalised and completed the Skeleton Argument for use by the Court, and so only

    submitted interim/preliminary Skeleton Arguments. The Claimant needs to be well enough to learn of

    legal matters and think through what he writes as Amended Particulars of Claim and Skeleton

    Argument.

    Prematurity of Defendants Application to ‘strike out’ should not interfere with the Claimant’s

    rights Application to Amend and Update.

    12.

    The Claimant believes that the prematurity of Defendant‟s Application to Strike Out should

    not interfere, with Claimant right to submit Amendments to Particulars of Claim and a final version of

    Skeleton Arguments, when his health recovers.

    Prematurity can be reason to dismiss all of Defendant’s Application to strike out.

    13.

    Prematurity can be a part reason to dismiss Defendant‟s Application to Strike Out.

    Wording and Meanings can be Implicit and Explicit.

    14.

    The Claimant believes that especially when the Claimant acts in person, that case law allows

    the Court to take the obvious intended meaning as opposed to a need for the Claimant to have

    continuously explicitly stated a meaning.

    Endlessly Irrelevant Case law present by the Defendant’s lawyers.

    15.

    The Claimant believes the Defendant‟s lawyers are endlessly presenting irrelevant case law or

    irrelevant themes. In larger, more extreme and serious cases like this what the Defendant argues does

    not apply. The Claimant is aware this can be tactic to cloud matters, to increase further unnecessary

    costs when no real Defence to the claim exists.

    16. This list is not exhaustive

    Page 4

    23rd September 2010

    Position Statement of 22nd September 2010

    Kirk v Police 3 cases

    CF101741 etc

    Kirk v HM Prison case

    CF02893 for judgment

    Kirk v Police re gun licence 9CF for judgment

    Kirk v Dr Tegwyn Williams 0CF03922 for medical records

    Trial 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 reconvening at 11am Friday 24th. Maurice had no files or paper to write on 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, in his absence, reflected little on an

    unusual case of years of malicious prosecution, failed criminal trials, obvious inactivity over

    40 odd incidents of theft, arson, burglary and assaults etc, suffered by Maurice, with his

    incapacity to attend and comprehend having already been ruled upon. At least, his absence

    allowed him some rest.

    Maurice attended with the hope MAPPA 'executive summaries', hurriedly 'modified', a few

    earlier, by Dolmans' solicitors, would be released to Judge Phillips by 4pm dead line, 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 in court in order to try, again, to get custody videos showing assault by

    police, ordered by numerous Crown Court judges 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, again, 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 as having ever existed, by South Wales Police, when on oath

    before the 'machine gun' jury, earlier this year all relevant to the overall complaint of

    misfeasance/malice and false imprisonments.

    Maurice was only there to obtain the Crime Reference number for this Friday's coming

    argument on the incident of, 3rd Action para 3, 19th September 2001 complaint re theft and

    Page 5

    cashing of cheques from his Veterinary Hospital, Barry, by Adam Baker and Christian

    Harrison, both still 'at large', living in Barry. Despite positive identification by Mr Shaft of

    Cash Generators, Holton Road, Barry, caught on CCTV and with both culprits with 'form',

    having cashed, already £1500 on Maurice's cheques, whilst he was flying his cub to

    Australia, neither have even been either interviewed or arrested.

    Maurice has the £20,000 reward running for their whereabouts, with terms of the deal having

    been used by almost all 10 Cardiff Crown Court judges, in 2009, to ensure Maurice

    remained locked up for nearly eight months unconvicted. The £1000 cash offered to

    Margaret in the Barry Post Office, recently, will assist police locate Adam Baker's current

    whereabouts but Maurice is not holding his breath.

    The history of Maurice trying to obtain crime reference numbers is legendary needed, of

    course, 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' in each, for his 4th Action and for

    this 24th September ,Friday's hearing .

    Maurice received no information at all, on crime reference numbers that caused Judge

    Nicholas Chambers QC, in November 2008, ordering Barbara Wilding to write an

    unequivocal sworn affidavit that Maurice had received full disclosure on the matter. She

    refused.

    So, this 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, Maurice's proposed police statement for court but accepted

    Maurice's hurried alternative statement of complaint, 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 usual twenty five, back in the 90s. The

    gap was narrowing.

    Today, Sgt John and three more police officers, Sgt 97, Tumalty, Ms Sherin and clerk at

    counter, during another hour wasted for Maurice, on three different computers, this time,

    searching four methods of 'preservation of evidence', also 'failed' to find any record, AT ALL,

    of the incident the QC will be attempting to have removed on Friday,. his argument will be

    'no duty of care, ' needed, no 'cause of action' disclosed by Claimant with the mere

    suggestion of police 'malice' and 'misfeasance' kicked well into touch!

    Maurice's hour in the police foyer was not quite 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 also section 6 etc of the

    current MAPPA regulations, instigated only by them, admitted last year, to interfere with

    these civil proceedings for personal gain.

    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 crime reference

    Page 6

    identification, to cross reference 3rd party interests, eg CPS, Borough Council, Probation

    and Caswell Psychiatric Prison etc, have always been blocked.

    Blocked because covert police surveillance, prior to MAPPA legislation and after, 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, starting on the 2nd floor, while his past mistress and

    now, current master will be carrying on their defence, for many years of premeditated

    criminal conduct, on the 4th floor. Judge Phillips will be examining the content of this

    document and MAPPA executive summaries, if His Honour Judge Seys Llewlyn QC

    releases them to him, he so far, having refused. And, of course, the judge may order the

    Defendant to release the custody videos and pass judgment on the Chief Constable’s

    deliberate avoidance in defending the gun licence claim for fear of further incriminating

    himself.

    Who knows, both Barbara Wilding and Dr Tegwyn Williams may even answer to their

    witness summonses.

    22nd September 2010


     

  • Trial Day 9: Position Statement

    Trial 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.
     

  • Not fit for Trial Day 8, while everybody else is

    After a particularly terrible night, morphine having little effect on my hip and ankle, other than getting me to vomit, I have just heard enough: 10 minutes of complex legal argument, and left court room number one with a headache. The judge says Barbara Wilding's hiding fifty witnessess, and therefore fact sensitive evidence, is not relevant.

    Well, he didnt say it quite like that, as I am confused; but for him to allow the QC to carry on means that it is the essence of his arguement NOT to adjourn as for the trial on evidence, adjourned, last week for as much as six months!

    The QC, as with the judge on Friday,' denied knowledge' of my appealing the challenge on 'no cause of action', in Bristol court, in 1998, despite the QC having conducted the case then.

    "Two Bites of The Cherry" procedures, vast resources always at their disposal, deliberately withholding essential witnesses, interference and stifling of both  NATS and CAA safety procedures, in our skies above us, just for personal gain etc., etc., just further proves the point of the the 'day to day' behaviour in our Welsh courts and unbeknown to most in the the Welsh community.

    I cannot drive on these drugs. So it is a taxi back to Barry and a bit of 'shut eye' ready for tomorrow's bit of nonsense in the 'adjourned case on medical grounds'.

  • Before Trial Day 8: WAKE UP WALES!

    'HM' USURPERS ARE TAKING YOUR CHILDREN'S INHERITANCE, as you breathe.

    At 12.55pm the judge will deal with my complaint concerning the HM Court Service, still refusing to process my application for judgement, against the Chief Constable. My, as yet, successful action for damages, was based on police refusing or deliberately delaying my application for my gun licence renewal and thus causing me to  miss my annual 'Glorious 12th' proposed grouse shoot. Wheras the old trusty 'Lewis' had been an ideal weapon for a covey of partridge 'breaking the bonds of earth' flushed out by Mollie, my old spaniel. Father never had approved and thought it quite unsporting.

    Knowing that the scrutiny surrounding my impeccable pedigree, to hold a fire arms certificate, in good stead for nearly twenty years and overseen just recently, now, by some of the the most senior of South Wales Police officers, on MAPPA, I knew a mere gun licence renewal would be a mere bagatelle.

    I appear to have been proved wrong. But is it the fact that the police are frightend to challenge my legal remedy for damages I have chosen, as their detailed rebuttal would further support evidence currently unlawfully withheld, in both the 'machine gun trial' and essential for these civil proceedings, meaning it must be disclosed by the Defendant, Peter Vaughan, the current Chief Constable?

     

       

    Dolmans Solicitors, Cardiff   20th September 2010

    Kirk v South Wales Police CF101741 etc

    Dear Sir, 

    POSITION STATEMENT  

    'Balance and Proportionality'  ECHR Articles 1, 5, 6, 8, 13. and that which is Implicit in 1998 Human Rights Act

    Police Failure to disclose Witnesses v 'Strike Out' due to 'No Cause of Action'

    My £20,000 reward for names of police witnesses, for some hundred or so incidents, is starting to bear fruit owed primarily to my web site, you have failed, yet again, to have close down. You may recall, during the 'machine gun' trial the much frustrated judge was caught on tape asking had the web site been closed down and if not, why not? The web site plus a sane and sober jury got me out of prison, not the evidence.

    Only this week-end I have traced others who were closely involved in incidents, my alleged smuggling of pigs in from Ireland, the two police helicopters involved in the dangerous 'tail chase' of my aircraft, low level, across South Wales, on that sunny Summer's evening, back in 2000.

    Preservation of Police Evidence

    I now have around sixty or so witnesses, meaning eighty plus, once they are examined or cross examined as 'hostile', identifying police that were with them, at the time but without witness statements unlike your client. Witness statements and/or identification from the South Wales Police Pension Fund, of course, given to your client, Barbara Wilding, the then Chief Constable, are yet to be disclosed to me.

    She denied all this in her 25th February 2009 sworn affidavit, stating all relevant evidence had been preserved and disclosed. This lead to my need to be arrested, for 'trading in machine guns' and quietly locked away in some lunatic asylum, somewhere, out of harms way. Well, I am still breathing and here, this recent flurry of my arrests and custody,since my release and acquittal, only compounding the evidence of 'proximity', 'common duty of care' and HM officers' immunity to 'contempt of court'. 

    That conduct, in my submission to any appeal court, is tantamount for the need of our trial judge to adjourn but not without first ordering Barbara Wilding's witnesss summons, paid for by me, being effective.   Her evidence tomorrow, alone, is sufficient to stop this trial 'dead in its tracks'.

    'Fact Sensitive'

    Her immediate evidence would be as to why Dolmans drafted and, effectively, signed her affidavit and then, personally, orchestrated my arrest and detention, for nearly eight months, with the MG 11 Dolmans' witness statements, needed to obtain my lawful custody, requiring the launch of police helicopter and the deployment of thirty odd, some armed, police officers, having still not been disclosed, desipite both Civil and Crown Court Orders.

    You rely on the judge blocking this evidence, obviously, throughout the trial, as their names and addresses for service will pop up as I work through your eighty or so police officers, in the witness box, displaying their usual 'selective amnesia' trained tactics.

    Many of my web site readers believe this and if not, surely you cannot carry on 'mumbling' irrelevancies, on irrelevant law, when your client's relevant evidence has not yet been disclosed and there is now still more proof that your client's withheld witnesses will tell any court much sensitive material has not been preserved despite my requests, at the time,  knowing how damming it would be for the police, who instigated almost all of these incidents, showing, once again, 'proximity'.

    Take the air traffic controller, for example, saying the video taken by police from one of the helicopters, over The Vale of Glamorgan, was horrifically close, being able to read the lettering on my tee thirt.

    The Cardiff Air traffic controller had been told, apparently, by the defendant, I was not arrested for, 'flying my WW2 cub without a licence', following complaint from PFA/LAA organisers at the 2000 Cranfield Air Show, because someone failed to explain to the South Wales Police, frantically scrambling two helicopters, that the pilot, by law, of a J3L4 1943 built D-Day cub was to be flown, as in the following year, from the back seat, from West Wales to Australia.

    I question the legality of this late application for a 'strike out' of all claims with the Defendant deliberately withholding the identities of the above and, for example, the police who used a sledge hammer and crow bar, on 6th June 1995, to break into my veterinary surgery, in broad day light, when I served such witness evidence, of the incident on the Defendant, as long as six years ago knowing the 'modus operandi' of deceitful tactics by those apparantly  'in charge', here in South Wales. -- 

    Please forward to Trial judge as HM Court Service continue to refuse my service by e-mail.

  • Trial Day 7: Friday Sept 17, 2010: adjourned or not adjourned - that is the question!...

    Friday 17th Sept 2010

    I went to Magistrates, yesterday but refused to enter the court. Hence I simply handed in my original medical report from my own GP, which was not accepted by the Trial judge despite being backed with previous Dec 09 transcripts and Dr William's reports etc. I was given immediate adjournment.

    Despite my late arrival due to the Magistrates, the trial progressed, the Judge allowing the police to put in legal pleadings to 'strike out' all three claims.

    I brought it to the notice of the court that the police had done all this, some fifteen years ago, and had managed to have about three or four of the thirty odd incidents struck out. I discharged my Bristol lawyers for having 'wrong police force' or wrong facts in Particulars of Claim, despite countless reminders, appealed and had some restored. The judge stated all this was 'new to him' as the police legal team remained silent.

    The court adjourned on the argument I was not 'not fit'. Dead right but I was 'not fit' all month!

    Extra medical reports, lodged this week, caused the judge to adjourn, for around six months, the rest of the proceedings, as I understood it...

    So I am even more confused now being told the trial will continue on Monday/Tuesday/Wednesday at 11am COURT 1, Cardiff Civil Justice Centre.

    I did manage, however, to obtain His Honour's assurance that the MAPPA Executive Summaries, written in the past few weeks, under Dolmans guidance, be duplicated and given to District Judge Phillips by 4pm. This was the deadline for me to show the HM Prison HAD received my summons and application for judgment for £50,000, last summer, as they were referred to in the minutes of the monthly MAPPA meetings with prison, police and Caswell Clinic 'well represented'.

    I also managed to ask that the HM Governor's 1st July 2010 prison document, denying any knowledge of my being under any MAPPA procedure, whilst in prison last year, be also duplicated and given to Judge Phillips before the 4pm deadline.

    Reminding the court that Barry Magistrates, Cardiff Crown and now, this judge, had, so far, ALL continued to refuse to order either Dr Tegwyn Williams or Professor Roger Wood to reveal, on oath or statement, the information before Judge Bidder QC, required by my surgeons, His Honour suggested I have a new brain scan!

    Catch 22  But this had been refused by the Cardiff hospital on the pretext my 'released' medical records did not cause the need!

    My own 'petty debt actions', ONE, against Dr Williams, for costs incurred, in three wasted journey,s travelling to Caswell, Bridgend, on his 'assurances' the relevant documents would be 'handed out at the door' and TWO, for the Chief Constable delaying the renewal of my shot gun certificate, could not be suppressed any longer, within their silly little world and their respective response is as follows:

    Redacted Caswell Clinic Medical Records
    The Dr's Defences for petty debt hearing, due 2.30pm, Friday, 24th September 2010, disclose many before 'unseen' medical records under the control of NHS and the South Wales Police, some triggered following my 16th February 2010 MG11 written complaint of criminal conduct.

    Interestingly, the police, on receit of my complaint, have never come back, refused to inform me of Crime reference number, progress or seek further information. Deja Vu?

    Police have been always been willing to arrest me, on Dr Williams related matters, [roof of Caswell, 'Airborne delivery' of the evidence to Judge Cooke, top shirt pocket 'delivery' of Court of Appeal 'grounds']. But once confronted in the police cell, each time, on the matter of the fabricated medical records, at the original behest of CPS and police and am I 'fit to be interviewed'?, the police have simply slammed the cell door, thus cutting short the 'basic rights' afforded to an accused, like being medically examined after police assault and entitlement to be interviewed, under caution, while evidence is fresh for their duties on 'preservation'. Deja Vu?

    If it were not for 'the right arm not knowing what the left arm is doing', in the South Wales Police none of these damning documents would ever have been disclosed. Some of these will be on Downloads, shortly, under Chief Executive of Abertawe Morgannwg University Local Health Board 15th Sept. letter from me, following the timely intervention by Welsh Assembly Health Minister, Edwina Hart AM.

    Shot Gun Certificate Renewal
    The police have been 'perspiring' over this application, for quite some time now, thus causing my petty debt action for damages leading to a favourable judgment. The Chief Constable knew full well, any disclosure needed to defend it, in the Cardiff Justice Centre, despite having that place 'completely buttoned up', or any High Court Appeal, next year, in London, should he be so minded as not to 'renew' my gun licence, will cause a' very real risk of' hidden unlawful MAPPA covert surveillance evidence being disclosed.

    This is still urgently needed to be put before His Honour Judge Seys Llewlyn QC, for the current 10 week civil trial. That evidence would further prove the unlawful 'machine gun' imprisonment was utterly dependent on Dr Williams and Professor Wood's false medical evidence suggesting 'significant brain damage' and Barbara Wilding's Feb 09 false affidavit, she being the Executive Chair or her Deputy, at their irregular run monthly MAPPA meetings.

    The police, I remember, told the 'machine gun' jury, in January trial, they had 'no record' of my ever having held a 'fire arms certificate' let alone a shot gun licence with the jury telling me afterwards, in the resteurant, they all concluded the police were obviously lying.

    I must go back to bed now and get some rest, for I have a few other problems to address, the consequences of collateral 'machine gun' damage.

  • Before Trial Day 7: Letter to HM Treasury Solicitor

    On Friday 17th September the court is likely to hear that police, in law, are immune to prosecution and the matter will lead to a £800,000 bill for Maurice, NO, now £1,200,000!

    All  invited for tomorrow's 'fireworks' (proceedings) Cardiff County Court 11am - Maurice is buying the lunch.

    Judge quickly switches part heard MAPPA 'argument' in court, revelations becoming rather too embarrassing for the 'Welsh authoirites', to offer for South Wales Police to 'strike out' all three Claims for damages, after eighteen years of litigation, it having already been argued and lost in a previous court!....DOWNLOADS will explain why.

    Gem Newspaper catches judge say, "the matter of whether the case is 'achievable' had yet to be considered"...see DOWNLOADS.

    In preparation, Maurice sent this letter to HM Treasury Solicitor.

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