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
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.
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
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
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
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