Maurice Kirk

Legal Battles

November 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 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.
  • "Just, fair and reasonable" or the justification of legalised violence?

    I'm new to "legalese" and have only read as many of Maurice's documents as I deemed necessary in the attempt to understand the big picture and to clean up his website so that I could promote it.

    Today's 40-page "judgment on preliminary issues" is most fascinating reading. So far, it has revealed the following - in order of my consideration of significance and importance:

    • to urge that, on principle, justice is most likely to be done if pre-access is had to all relevant documents is pointless, for it carries no weight in our adversarial system of law……”; to change the adversarial system into a truth-seeking one, is the campaign of the author of Our Corrupt Legal System 

    • “the one great principle of English Law is, to make business for itself…”; this principle is clearly working for solicitors, barristers and judges, especially when they're paid by the public purse or gravy train, as Maurice would put it; however, to draw out stages of argument such that an action for civil damages that tries to argue the malicious intent behind 18 years of harassment is clearly not in the interest of a litigant in person

    • the word "principle" appears 48 times in the judgment. So I thought that his 'legal battles' now change into a 'battle of legal principles'; however, HHJ Seys Llewellyn mentions many principles without necessarily giving them names. 

    • So what are "principles of law"???

    • Which are the principles at stake for Maurice?

    • Which are the principles that HHJ Seys Llewellyn feels he needs to defend?

    The essence of harassment is that it consists of more than one incident. Whether it has been dealt with in legal actions is irrelevant.They have all taken place. They are real.

    Here is the core of my arguments:

    1. Given Maurice's medical condition, it is inhuman and barbaric to conduct any hearing. What prevents HHJ Seys Llelwellyn from ordering the release of the medical records from any of the 5 possible sources that we mention in our online petition?

    2. To go into the details of each incident is not nearly as important as to look at the overall picture of compounding the behaviour of harassment by South Wales Police: 
      • motoring incidents
      • false imprisonments
      • the non-investigation of crimes
      • MAPPA surveillance
      • non-disclosure of critical documents
      • the use of judges' discretion rather than judgements of a jury.

    3. "Public policy" cannot be used as an excuse when an "organisational policy" appears to be in operation, i.e. orders to target an individual in his place of residency and professional activity by a particular police force.

    4. In all cited cases of precedence, the offenders are individuals rather than an organisation covering lots of individuals.  

    5. The Chief Executive of this organisation is likely to be part of the Association of Chief Police Officers who have a Memorandum of Understanding with the Law Society not to Investigate Crimes.

    6. The only people benefitting from drawn out court procedures are the legal professionals involved. A litigant in person would like actions to be over and done with.

    7. The fact that the harassment has been going on for such a long time is the reason for actions having been put before various courts for a long time - at a success rate of nearly 90% for Maurice!

    8. Given the adversarial system, the sources of money for the legal profession and the extreme and unusual circumstances surrounding the litigant as well as the Police, Maurice is seriously disadvantaged.

    9. The petition WANTED: Fair Trials and Compensation shows the Court of Public Opinion is distinctly in his favour, especially given the comments.

    10. The petition Stop the Oppression of the British people also created lots of comments in the same spirit:
      • the legal profession is not trustworthy any more
      • the legal profession protects HM Partnership
      • as a law enforcement agency to keep the Queen's peace and a professional oath of allegiance to HM The Queen, the Police is part of HM Partnership 

    11. The three websites (in order of chronology) Room 14 - A Foundation for Change, Enforcement of Bank of England Act 1694 and Victims Unite! all paint a picture that acts as Court of Public Opinion instead of a jury and represent, in attitude, victims of legal oppression and manipulation, rather than justice and truth.
  • More Attempts to Access those Medical Records

    Maurice sent this document to the General Medical Council (GMC) - as yet another avenue for accessing his medical records. Our online petition indicates five different parties who all could release those records.

    Maybe the GMC can prod them?

    Well, at least the Welsh Minister of Health, Edwina Hart AM, has done her bit - but, so far, it has been 'royally ignored' by Mr Sissling...

  • Fair Trial, Effective Remedy (Human Rights Articles 6 and 13) versus just What?

    Imagine this scenario: Maurice Kirk is charged with a ‘misdemeanor’, as the Yanks would call it, a simple Section 39 ‘common assault’ allegation against an ex-police officer, a Cardiff Crown Court official. He had repeatedly refused to accept the ‘grounds document’ to be lodged with Cardiff Court, on a deadline, before it is then sent up to London's Criminal Court of Appeal.. 

    Maurice will say, if given the chance under Article 6, he therefore simply tucked the single sheet into the top pocket of the court officer allocated for the job of receiving these specific court papers. The HM official, instead, crumpled it up and pushed Maurice down the steps of the court, on his crutches, leading to the need of hospitalisation and x-rays. See this photo.Mr Hassan posted it the same day.

    Despite substantial medical evidence to the contrary, the 2nd November Cardiff Magistrates Court hearing took place in his absence. He was, of course, found guilty and a warrant was, of course, issued for his arrest. A European warrant is now being seriously considered by the CPS, knowing full well its uncontrollable pitfalls. Yet another 1st November GP medical report had been served on the court that morning. The fifth September report had already been accepted by the Barry Magistrates and their case adjourned to early December, as well as the long awaited listed September ten week civil trial to allow time for Maurice's toatal hip replacement operation. This is the case for civil damages in Maurice’s eighteen year running damages claim against the South Wales Police for perjury, personal injury, false imprisonment and perverting the course of justice, many, many times. See videos and these key documents: incident schedule and HM leaked internal memos. All courts, so far, were assuming, by then, Maurice would have had his medical records released, currently stopping his operation from going ahead.

    The ‘contempt of court’ appeal to London, by the way, is for a month’s imprisonment following Maurice’s pleading with the Recorder of Cardiff, HHJ Nicholas Cooke QC, in June, to 'inspect' the proof, personally, of an HM conspiracy and hand over the urgent medical evidence, especially that which HM used on the 2nd December 2009, when Maurice was considered to be ‘far too dangerous’ to receive bail for a trial the Chief Constable did not plan to happen. Maurice was in jail on remand, incidentally, for over seven months, being acquitted of all charges without any compensation or need to produce any defence. The jury had made their mind up after the first day of prosecution evidence, we all later found out, in the Cardiff pub, about ‘trading in an antique WWI Lewis machine gun’, that had been bolted on the front of his DH2 replica biplane for 33 years and even had been flown in the Farnborough Air Show by personal invitation from Captain Brian Trubshaw,CBE MVO, our 002 Concorde test pilot.

    The police, CPS and ten Cardiff judges, no less, knew or should have known, the aircraft and her 'gun' had been sold well over a year before his arrest. The arrest that June had been a monumental '*** up' due to a critical breakdown within the communications of South Wales Police and Dolmans, their solicitors, drawing in the cash, 'defending' the Chief Constable, preparing for her December 09 retirement.

    Maurice's original arrest had never been intended. Maurice was then already set up as a target to be 'lawfully' shot. But Dolmans, knee jerked, following an incident concerning their front window on the 19th, filed a statement of complaint, on the 20th June 09, to have him arrested the next day, not having been fully briefed of Barbara's 'end game'.Or, maybe, the end of the 'gravy train', if Maurice was shot? Naturally, the Trial Judge, HHJ Peter Thomas QC refused Maurice any disclosure of anything, virtually, hurriedly made at police HQ. Why? It would further confirm that the almost forty year running HM conspiracy started in Taunton, Somerset, in the 1970s.[see next blog: Maurice, the 'Drug Smuggler'?].

    That Dolmans fabricated the complaint caused Maurice to be admitted to Caswell Clinic Gulag, Bridgend but for one purpose: to scupper the civil action that was now starting to go rather 'pear shaped', following Barbara Wilding's signing, drafted by Dolmans, her 25th Feb 09 sworn affidavit. Nine further HM Cardiff Crown Court judges [see downloads for transcripts] refused disclosure sensitive for 'HM Partnership'. Even the civil court judge, HHJ Seys Llewellyn QC, at least ordered its release. But Maurice is still waiting, a year later, along with forty odd police incident numbers needed for FOI and Data Proction disclosure, repeatedly being refused by our HM Information Commisioner, that sinister 'partnership' that now actually controls what really goes on in your UK courts today.

    But let’s get back to the apparent ‘cosy relationship’ here in Cardiff, Guernsey style, where they have a permanent jury, often a magistrate in the lower court, partly voted on by the HM Prosecution and where no UK lawyer has 'right of audience'. HM tax haven rules are to be obeyed or you do not get the oil money...

    Whilst Maurice was in custody in some austere Cardiff police cell, it was recorded, Maurice was still unable to find a local solicitor, to act on his behalf. Hence he produced himself, with the aid of some McKenzie Angels, this document with a Broad Overview to 'Give Context' to 'Legal Issues' and 'Specific Incidents'. [All this week he has approached numerous local lawyers, with countless fruitless phone calls and no replies, to deal on his behalf, as to why the Clerk to Cardiff Magistrates was refusing to put before a court his application for 'set aside', on medical grounds...]   

    The Cardiff stipendiary magistrate, on 2nd November, has already had presented to him four medical reports, from his GP, a consultant radiologist, a psychiatrist and a London doctor, the latter having specialised in brain surgery and now has her disciplines chanelled to the workings of 'the mind'. All have indicated the current pain and suffering due to a much overdue total hip replacement operation requiring, now, morphine sulphate and other like analgesics to be so prescribed. May this be indicative enough, on its own, for the case to be adjourned!?...

    It is now simply a war of attrition, nothing new for Maurice. HM Cardiff Crown Court, for fear of their pension, refuses to release, not just official transcripts of last year's courts of 'record' but also copy of their public court logs. Why? They would further reveal the HM conspiracy to have him first, shot or if that opportunity was no longer an option, then Broadmoor High Security prison, IPP (Imprisonment for Public Protection), for an indeterminate period. 

    HM Court Services refuse to reply to any of Maurice’s applications to have the hearing 'set aside' or reveal the evidence given or furnish him with the clerk of the court’s contemporaneous notes of the proceedings.(3rd Nov and 13th to HQ). 

    Meantime, the Crown Prosecution Service refuses to return any of his calls and hides their ‘ace’ card up their oh so many sleeves. CPS barrister, Richard Ace and HM prison had deliberately not told Maurice of MAPPA, on the 25th June 09, before HHJ Hughes, on his first of ten bail applications. He had been left 'at large' for many weeks before he was arrested for but one reason. MAPPA had hade him classified as level 3 (terrorist), the top 5% most dangerous people in the UK, allowing the Chief Constable Barbara Wilding, who had mobilised a 24/7 armed police unit to shoot him on sight if he were to make a 'further approach' to her, she being the very same Defendant in all his eight tortuously drawn out civil actions, orchestrated by HM, for his 'special treatment'. 

    Nine more Cardiff judges also failed to disclose he was under MAPPA surveillance and was being considered, at each monthly MAPPA meeting, for high security psychiatric prison, potentially for life, reliant on Caswell Clinic and Swansea University so called 'experts' diagnosing his intra-cranial irreversible inflictions as a serious threat to the community. Have they evaporated away by now, a year later or is Maurice's condition getting worse? Why is Maurice still being refused a brain scan?

    But now, in turn, both the civil and criminal Cardiff courts are also refusing to disclose the detailed account from their own Director of the South Wales Police forensic psychiatric prison, Caswell Clinic. Dr Tegwyn Williams had supplied numerous Cardiff Crown Court judges with sufficient compelling evidence, between 7th August 09 to 17th December 09, in numerous expensive reports, stating that Maurice had ‘significant brain damage’ (see Opinion in Oct 09 psychiatric report) and equally falsified but convincing, 2010 rewritten report of Professor Roger Wood’s (original September 09) as a brain damage expert. By what time this winter, a year later, will the brain tumour have done their dirty work? (see 2nd Dec 09 transcript). It was pointed out to HHJ Bidder QC by part time Cardiff judge and Crown prosecutor, Mr Richard Twomlow, in the machine gun case who also, incidentally, while Maurice was down below rattling his own cage, to be there. [see civil actions against Reliance Custodial Services, past and imminent] 

    So, today, Wales' HM Court Service HQ, Cardiff, have still not intervened, Maurice was told. No written replies from magistrates or disclosure by the CPS as to evidence heard in his absence, with the only hint being that Maurice’s only way forward is to the HM High Court for yet another insulting Judicial Review. Ah, but Maurice, that means it is for a judge in Cardiff, now Wales has achieved furhter devolution from London but it will be in the very same building where a clandestine attempt is still going on to register him as a ‘Vexatious Litigant’ (internal memos), reliant on a team of HM Treasury Solicitor bewigged lawyers in Whitehall, the very same HM official who informed the Cardiff Court, recently, that HM Court Service had taken £360 off Maurice to sue HM prison Cardiff for a previous false imprisonment.

    But, surpsrisingly, neither the HM governor of HM prison nor HM court manager, Neil Pring, could trace receipt or proper record of 'serving the claim', [despite MAPPA covert surveillance!], nor could HM Prison be made to admit receipt of the £50,000 judgment in July 09, in Maurice's favour, a copy of which had been delivered to his prison cell! . It was later admitted by HM Treasury Solicitor that the served document was believed, at the time, to be part of the 'vexatious litgant investigation', now six years running. Just as 'HM Partnership', Prison, denied any knowledge their prisoner had been under MAPPA surveillance, in writing, since arrest in June to 17th December 2009. So, why was he taken off it just before the trial to make a bail application? To get just one last chance of a shot before the predicted trial embarrassment?

    That local HM Magistrates court has to consider whether the 2nd November 09 hearing should be 'set aside', on medical grounds, whether the CPS be made to disclose the medical evidence of 2nd December 09 asDr Tegwyn Williams pleaded Maurice was still far too ill to 'plead' or defend himself and must be represented by HM counsel.  Also, Maurice wants all his court cases heard outside Wales.Pigs might fly.

    Simple, do what the RCVS did in 2006 and have done ever since, to prevent Maurice getting before a court to be allowed to practice veterinary surgery. Refuse to convene a court.

    Simple, do what HM Privy Council did this June, for his lodged appeal against the RCVS at the Supreme Court building. Refuse to convene a court.

    Simple, do what the RCVS Royal Charter promised them, ever since 1844 with its twelve variations now also protected by HM Memorandum of Understanding, promised between the South Wales Police.and Law Society, ie immunity to criminal prosecution. 

    "There is always an appeal, open to you, Maurice, to the Cardiff Crown Court, just around the corner", someone smiled.

    "All you need to do is to attend to hear it, in hand cuffs, most likely. What you would have missed, of course, is the vital opportunity of cross-examining for the second time, when lies are that little more difficult to 'recall'. It is the  way they threw the dice this time, Maurice, the cost is never their money".

    During the 70s and 80s, during the reign of the likes of Arthur Scargill, a Cummings cartoon of this destructive trade union leader, killing off any last possible breath for the Welsh coal fields, may just sum up the current state of play here, in its capital, some thirty years later...

    Summary: Besides the Channel, there is another serious gap between the UK and the European continent: the gap between the UK Human Rights Act 1998 and the European Convention of Human Rights. Article 6 guarantees a fair trial in both texts. But the UK has omitted Article 13, the right to an effective remedy before national authorities. Maurice has had the benefit of neither, ever since he’s been harassed by police in Somerset, Guernsey and South Wales.

    Now he had to seek asylum in Brittany, while
    •       the NHS, Caswell Clinic, Dr Tegwyn Williams, the Crown Prosecution Service (CPS) and HM Prison, who all have a copy of his medical records, should release them
    •       the Police wants to arrest him, for a minor and alleged offence, convicted in his absence, whilst he has a case against South Wales Police running where he claims for civil damages over a ten year period 
    •       HM Court Services block, delay and lose his documents. He is denied access to the public counter, it used to bounce his e-mails and often ignores his serious requests for information.  
    World Wide Words: Balderdash and flummery
    Nov 23, 1996... As a verb, to welsh on someone is to swindle him or her out of money, originally and strictly by a bookie at a racecourse decamping with the ...
  • New Insights: Missing Forensic Medical Records

    A detailed account of the 2nd December 2009 Cardiff Crown Court affair, between HM Authorities and the medical profession, in the absence of their target

    A. Dr Tegwyn Williams had been in court, possibly since 10.30am and had revealed the prisoner's confidential medical history with the CPS (South Wales Police) and others, supplying the Prosecution barrister, Mr Richard Twomlow, with both his new medical evidence but also, even, the medical report from Dr Edward Silva of Ashworth high security prison, obtained only by court order. So who invited Dr Williams to attend?

    B. His Honour Judge Bidder QC refused Dr Williams' and the Crown Prosecution's recommendations that the prisoner should be sent to Ashworth, IPP (Imprisonment for Public Protection) due to his 'significant brain damage' and possibly a tumour.The judge, instead, had to refuse due to the 1983 Mental Health Act, for Section 41etc, committals, requiring, not one but two level 12 forensic psychiatrists to agree.

    C.  During the June 09 armed police raid, when the prisoner was first jailed, a second team of police officers had been assigned to obtain a prepared witness statement, from his wife, under the very real Social Services threat on their ten year old daughter, to the affect that her husband had a ‘history of mental disorder', thus requiring only one doctor's signature for committal. This would avoid the embarrassment of a dubious, if not concocted trial for the alternative long prison sentence.

    D. The prisoner had taken the precaution to obtain help from his past MP, Walter Sweeney, to get his wife, a consultant radiologist, to find specialist Dr Paul Kemp on the subject of the apparent spurious report, now before the court, on the SPECT scans of his brain conducted by the NHS. Police expert, Professor Roger Wood, had to quickly retract, back date and rewrite his original 18th September 09 version, still not disclosed to the parient's GP, by Dr Ruth Bagshaw, also of Caswell Clinic, the original recipient. Mr Sissling, the area NHS manager continues to fail in replying to letters from both the Welsh Assembly Member and the patient's MP.

    E. The 1st December 09 report by Dr Kemp was served on the court that same day. The Cardiff court fails to disclose if that report was ever received, as it contains evidence contradicting Dr Tegwyn Williams in no uncertain terms. [July 09 psychiatric reports,favourable to the prisoner, even before Dr Williiams wrote his 3rd August Interim Report, not even examining his patient, were discounted by each bail judge that saw them.]

    F. Page 3 para B of the 2nd December transcript reveals the HM prosecutor, having stated the prisoner had refused to read the new Dr Williams report, he having been given no opportunity in the cells, persuaded the Judge that, as he had ruled against a committal of the prisoner, there was, surely, no need for the prisoner to know its content.

    G. The judge, on page 5 para B fails to refer to the prisoner that a new evidence by Dr Williams had been before the court, all older reports having been served on him, long before Her Honour Judge Eleri Rees and HHJ Llewellyn Jones, refusing him bail, both in October and the November hearings.

    H. The Criminal Court of Appeal is currently refusing to order the HM Cardiff Court to disclose that it referred to in either of the two court logs relevant to Maurice's one month imprisonment for ‘contempt of court', in June 2010, following The Recorder of Cardiff, Nicholas Cooke QC, also refusing to examine the enclosed documentation, that suggested, on the 2nd December 2009, a serious miscarriage of justice had been occasioned.

    I.  Today, the National Health Service, Caswell Clinic, HM Prosecution Service, South Wales Police, HM Court Service and the General Medical Council (South Wales), all continue to refuse to communicate with the acquitted prisoner on the matter, even refusing to release either court record of the events or the medical evidence that was before HM judge and HM prosecution, whilst excluding an unrepresented remanded defendant, facing the likelihood of a prison term, without trial, for an indeterminate period. .

    Details of Evidence:

    1. Four pages of ‘leaked' 8th June MAPPA memo identifying as to why, possibly, police deliberately set Maurice up as a target to be, lawfully, shot.

    2. The ‘full' transcript of the 2nd Dec 09 Cardiff Crown Court hearing, commencing 11.39am indicates almost an hour not recorded, it would appear, because William, the court clerk, had been told not to switch on the tape.

    3. The 17th December 09 Newport Crown Court transcript, the last chance for the judge to get the prisoner to disclose his defence, before the jury trial began, may indicate the reality of a successful ‘machine gun' trial from being achieved.

    4. The 3rd November 09 Dr E.Silva medico-legal report - in favour of Maurice.

    5. The 1st December 09 Dr P. Kemp medical report - in favour of Maurice.

    6. The first page of ‘re-written' 18th September 09 Professor Roger Wood medical report was eventually released in June 2010 but only following repeated FOI and Data Protection Act applications by the patient. The original document, read, at the time by the patient, whilst inside Caswell Clinic, is being refused disclosure by both Dr Ruth Bagshaw and the NHS, to whom it was first addressed.

  • Human Rights v Invincible Prejudice of HM Authorities

    Thoughts of a Cynic on Armistice Day or "How Can this really be True?"

    This account of events attempts to illustrate how "HM Partnership", the combination of the Welsh Crown Prosecution Service, HM Court Service, HM Privy Council, HM Prison and HM Treasury Solicitor, has colluded to get Maurice Kirk's name removed from the register of veterinary surgeons. Subsequent appeals were refused, even though they did not follow the procedure prescribed. An Abuse of Process Application is therefore currently before HM Privy Council shortly to be heard at the Supreme Court building in Parliament Square, London. In this video talks Maurice outside the building after having lodged the application.

    1. 2001 RCVS lawyers visit South Wales Police and examine Maurice Kirk's confidential police records, contrary to Home Office Regulations 87/45.

    2. 2002 South Wales Police complaint to RCVS leads to MJK's name removed from the veterinary register.

    3. 2003 HM Treasury Solicitor instructs HM Cardiff County Court manager to send all of MJK's 130 odd files to a team of HM lawyers in Whitehall to consider him a ‘Vexatious Litigant' - without previous court consent being obtained.

    4. 2004 MJK loses HM Privy Council Appeal and later, in June, during appeal against costs, Their Lordships rule the ‘cumulative effect' of convictions rendered him unfit to practice veterinary surgery.

    5. 2005 RCVS rule each motoring offence ‘rendered MJK unfit to practice veterinary surgery'. [What does motoring have to do with helping animals?]

    6. 2005 RCVS obtains two year Extended Civil Restraint Order (ECRO) from London's Administrative Court restricting MJK's right to apply for disclosure of prosecution evidence gathered and sue for damages. [Why does the College need to collude with the Royal Courts of Justice?]

    7. 2006 RCVS rules MJK further annual applications, to be re-instated, as ‘hoped' by the HM Privy Council court judges, are to be decided without a convened court - contrary to 2004 Statutory Instrument, Paras 20.3 and 20.6. See

    8. 2007 HM Court Services ‘lose' MJK files between Cardiff and HM Treasury Solicitor.

    9. 2007 More leaked HM internal memos from Whitehall served on Cardiff County Court.

    10. 2007 Court of Appeal refuses MJK a jury trial against South Wales Police for damages.

    11. 2008 MJK 4th October letter for identification of police incidents and outcome, leads to Abuse of Process Application ordering Chief Constable to disclose incident material (Royal Courts of Justice repeatedly refuse to do same for RCVS failed disclosure).

    12. 2008 Information Commissioner, contrary to FOI and Data Protection Acts, refuses to disclose RCVS's excuse not to disclose the ‘enquiry material' gathered, even when from MJK's own clients.

    13. 2009 January MJK attempts to deliver a letter of complaint to His Royal Highness, The Prince of Wales, to personally intervene concerning the current conduct of the police and judiciary in his Principality.

    14. 2009 Feb MJK is investigated by FTAC (Fixed Threat Assessment Centre) of Metropolitan Police and ruled ‘no risk' by their senior psychiatrist.

    15. 25th Feb Chief Constable signs her much delayed sworn affidavit, contrary to the Fraud Act, denying knowledge of several magistrate court cases and other incidents, including police breaking into MJK's veterinary surgery (see schedule of incidents).

    16. 27th Feb MJK makes statement of complaint to the police re Chief Constable.

    17. March MJK lays information for private prosecution, by indictment, against Chief Constable, before Barry Magistrates. Action adjourned to July and then adjourned again.

    18. April MJK's £50,000 false imprisonment Claim is filed, against HM Prison and South Wales Police, for refusing to accept, each day in prison, outstanding CPS costs in lieu of prison term.

    19. May New deadline is passed for 'mutual exchange of witness statements' needed to be done in seventeen year running civil claims re police harassment and false imprisonments.

    20. 8th June Multi Agency Public Protection Arrangement (MAPPA) convenes with staff from South Wales Police Psychiatric prison, Caswell Clinic. (HM Prison excluded from proceedings, HM Governor later informs MJK). MJK registered level 3 (terrorist level). Leaked MAPPA records disclose Chief Constable deliberately delays MJK's arrest ‘for being in possession of machine gun and live ammunition' until 22nd June 2009. [Why?]

    21. 16th June Chief Constable, RCVS and HM Attorney General were co defendants, police in attendance, at a Judicial Review Application for failed evidence disclosure and the false 25th February affidavit.

    22. 18th June MJK obtains entry inside Police HQ with witness statements to ‘exchange' before dead line, only to be surrounded by heavily armed police wearing tin hats and carrying smoke grenades.

    23. [8th June leaked MAPPA record discloses that, should MJK approach the Defendant in his civil action, he was likely to be shot].

    24. 19th June Dolmans, solicitors for Chief Constable, receive visit by MJK for ‘mutual exchange of witness statements'. Dolmans again refuse.

    25. 20th June Dolmans make formal complaint to their client of MJK's ‘threats of criminal damage' (delivery of witness statements through their office front window).

    26. 21st June First attempted armed raid with helicopter and around 25 police officers on MJK's home.

    27. 22nd June Second attempt and arrest for ‘threats of criminal damage' and ‘possession of machine gun'. Despite HHJ Seys Llewellyn QC ordering the statement's disclosure, by Dolmans and also MJK's application for it, during criminal trial, police refuse to disclose that Dolmans statement or incident identification and outcome, some two hundred, going back to the fire of 1993 (see web site video).

    28. Arrest curtails the time MJK would have remained at risk of being shot as police knew decommissioned machine gun was sold one year before.

    29. July With MJK safely tucked up in HM Caswell Clinic, under Section 35 of 1983 Mental Health Act, without psychiatric examination to support, HM Privy Council denies receipt of MJK's application, HM Prison Service denies receipt of MJK's £50,000 claim served on prison, HM Court Services deny proper record was kept but keeps the court fee, HM Prison denies knowledge of MJK was admitted MAPPA level 3 prisoner, HM Treasury Solicitor continues the ‘Vexatious Litigant enquiry' while defending the £50, 000 claim, all reliant on both HM Governor and HM Court Manager's hearsay, both refusing to disclose the ‘audit trail' so ordered by the pending trial judge, HHJ Seys Llewellyn QC.

    30. 2nd December Cardiff Crown and Cardiff Crown Prosecution Service hold, in camera, excluding the public or court record, discussions with Dr Tegwyn Williams, Clinical Director of Caswell Clinic, with the view of sending MJK, not present nor legally represented, to Broadmoor high security psychiatric prison, ‘Imprisonment for Public Protection' (IPP), in order to serve a prison sentence of an indeterminate period without trial.

    31. On Armistice Day in Brittany, MJK is still being denied the medical evidence that was before that clandestine hearing needed in order that he may no longer be suffering such an overdue operation for a total hip replacement and possible surgery on his recently damaged right ankle.

    The NHS, just one responsible for withholding his ‘medical records', continue to remain silent.

    South Wales Police do not spare any costs and don't hesitate to go to extremes to persecute Maurice, get him convicted, registered as terrorist level 3 MAPPA, incarcerated or sectioned and imprisoned for life.

    HM Court Service, supposed to be independent of any party, is not operating according to their rules and procedures.

    HM Treasury Solicitor is ‘interfering' on behalf of both the Royal College of Veterinary Surgeons and Cardiff Courts.

    HM Prison has colluded by pretending not to know about MAPPA certification or the due process of law in a civil action. 

    The Royal College of Veterinary Surgeons has colluded with South Wales Police to get his name removed from the veterinary register reliant on the immunity to prosecution bestowed on it by the 1967 RCVS Royal Charter.  

  • On the Unusual, Extreme and Indefinite Aspects of Kirk v South Wales Police

    HH Judge Seys Llewellyn QC presides over the current action that started September 7. He has said repeatedly that this case is rather 'unusual': the case for civil damages, currently adjourned, while Maurice is in exile or asylum in Brittany.

    It is furthermore 'extreme' because of

    1. the number of motoring incidents that the Police instigated - as can be seen on this schedule of incidents
    2. the number of times that Maurice has won against the Police is about 10 : 1
    3. the kinds of 'extreme actions' that the Police got up to; here Maurice describes a chase by helicopter that they mounted, because they suspected he might be flying without licence that was temporarily suspended; the photo published in an article by Pilot Magazine was taken on the day of the chase; and here are witness statements relating to this expensive operation.
    4. the number of times that Maurice requested DISCLOSURE from authorities, but they either denied or didn't even respond
    5. their response has been a process of "ratcheting up":
    • from harassment with motoring incidents to not investigating crimes such as theft, arson and burglaries
    • from not investigating crimes to getting him struck off the Register of Veterinary Surgeons
    • from accusing him of the possession and sale of firearms (of which he was cleared) to false imprisonment and incarceration in Caswell Clinic for 12 weeks
    • from un-disclosed MAPPA level 3 surveillance to intending to shoot and falsifying medical records
    • from withholding medical records to a WARRANT for ARREST.

    This list is far from exhaustive. It is just meant to illustrate the 'extremeness' that a police vendetta can get up to, with infinite cash for infinite lawyers' bills, and Royal Charters that guarantee immunity from prosecution... Hence the current case is for 'civil damages' against the Police as the only avenue for an 'effective remedy' against national authorities (Article 13 of the EU Human Rights)...

    And it is 'indefinite', because there does not seem to be an end to it: 

    • Maurice's commitment, perseverance and tenacity are unbroken
    • the South Wales Police does not admit or bow down (yet) - despite flagrant evidence!  
  • The Trigger for Intending to Get Maurice Shot

    Being away from it all - on asylum in Brittany - makes Maurice think more long term. So he remembered that

    1. On 4 October 2008 he wrote to Barry police station identifying about 40 police incident numbers, asking for their progress on each one. Since he did not receive any information, he lodged an Abuse of Process Application
    2. In November 2008 HHJ Nicholas Chambers QC ordered to disclose the thefts / arson / assaults / motoring allegations and identity of police (eg. overhead video)  
    3. Barbara Wilding, the then Chief Constable of South Wales Police, was ordered to sign a disclosure affidavit by 6/7 January 2009
    4. Dolmans, the solicitors of South Wales Police, pretended not to have received the Order
    5. On 25 February Maurice visited Dolmans demanding the affidavit or he would arrest her for 'contempt of court' and call in an outside police force.
    6. That afternoon she signed it - 6 weeks after the Court Order. 
    7. In April 2009, he formulated this position statement.
    8. Maurice believes that his visit to Dolmans, together with this letter made them 'ratchet up' their actions:
    • the intent to shoot
    • register MAPPA (terrorist level 3) - as can be seen in this MAPPA report leaked from Caswell Clinic. 
  • Maurice asks the Criminal Court of Appeal in London to intervene for the release of Cardiff Crown Court Records

    Anybody who knows Maurice, knows that even a Warrant for Arrest doesn't deter him from his fighting path. He has had A LOT of training - not only in his mountaineering and piloting days, but also along his legal endeavours. 

    So he wrote this Appeal against conviction for 'Contempt of Court' and accompanied it with two remarkable documents:

    1. the extract of a transcript where HH Judge Cooke QC is saying a lot of important things
      • he prides himself with patience and humanity and not being biased against Maurice
      • especially not in a case whether a decommissioned, triggerless machine gun is interpreted as a firearm or not
      • he orders a transcript of this hearing so that Maurice is not disadvantaged but cancelled each time once the tape was turned off 
    2. the application for a Judicial Review against his Section 35 Order of 7 August 2009 that sent him to Caswell Clinic was blocked.

    This is obviously important for the French Police to see, so that they know what he needs protection from...

    In France, proof of persecution can be delivered in any shape and form, including a website!

  • Warrant for Arrest (for how long?) - while Seeking Asylum in France - for these Reasons

    Maurice insists in being arrested only for the purpose of going to court and meeting the judge who convicted him in his absence, despite his request for adjournment. But the Court is far from co-operating. Here's his account with questions to the Court.

    The NHS has asked their solicitors about the release of the medical records. The Judge and the Police's solicitors are meeting in Maurice's absence. 

    Is the only purpose for solicitors to run up bills, while Maurice not only suffers physically, but is also made to suffer the anguish of having to be arrested for an indefinite period?

    The Police are only doing their job. And the lawyers who tell the Law Enforcers what their job is,  don't care, do they...   

    The Royal College of Veterinary Surgeons (through their lawyers) are protected from any wrong doing by their 1967 Royal Charter.  Here's what they should have done:

    Extract of 2004 Statutory Instrument:

    20.3 On receipt of an application to which this Rule applies, the application shall be listed for hearing within 3 months.

    20.6 At the hearing of an application to which this Rule applies -

    (a) The applicant shall be entitled to address the Committee, and to adduce evidence and make submissions, in support of the application;

    (b) The Solicitor shall be entitled to address the Committee, and to adduce evidence and make submissions, in opposition to the application.

    As Louise Casey, the Victims Commissioner, said to me: we've got a hearts and minds job at hand...

  • Another weekend of document production - regarding the Police video

    On Friday afternoon, the lawyers of South Wales Police sent Maurice an email with their submission in response to the video of the overhead cameras that he recently put on the home page. 

    Once again, he had to defend himself and his experiences of violent harassment - on paper.The result is this remarkable combination of 6 pages On the Ethics, Philosophy and Politics of Maurice J Kirk BVSc v South Wales Police and 7 pages of factual details.   

    The final document is complemented by two additions on the Legal Gallery: a court log and the photo of a stationary police car that Maurice took before the police video started to record.