Maurice would have had to get terribly depressed, if his fighting spirit was not alive and kicking. Much easier without morphine and devastating chronic pain, of course.
The appeal was directed against two orders of HH Judge Seys Llewellyn, QC. And, of course, in this adversarial system, one fights each other in court, for that's what one gets paid for. But one would not stab a colleague in his back and let a litigant in person win, would one...
Every one of our serious victim cases does tackle "the system" in its unique way. Maurice challenges the professional or rather unprofessional behaviour of not only the South Wales Police force, but also HM Court Services in various places, besides solicitors, barristers and judges. But he still wants to believe in "the system"!
Brad Meyer, co-publisher of Litigants in Person calls Professional Foul what Mr Justice Kitchin has produced:Notifications of Decisions of Appeal Court refusing permission to appeal.
- the protection of a fellow peer: "a long and careful judgment"
- the inability to see the larger picture of the case "there is nothing in any of the grounds for appeal"
- the first ground "that proceedings took place without M being able to take part" - well, the words of his colleague matter more
- the second ground of "unfair pressure from the court" - to the contrary: the judge tool all reasonable steps...
- the third ground of "wrongly excluding evidence": Mr Justice Kitchin "rejcts this contention". He has the power. Nobody judges him.
- the fourth ground: "the judge failed to address key submission". "I do not accept this is so." Why should Maurice be right and get justice? that includes
- fifth, "the judge erred in law": "the defendant has no identifed any proper ground in support of this allegation"
- finally, "the judge failed to protect the claimant against the defendant's mindset" (of bullying and harassment) - "this provides no basis for an appeal against the specific findings of the judge.
- For all these reasons, the judge was also right to refuse permission to appeal.
The application for PERMISSION to appeal is also refused:
The judge declined to order all the cases to be consolidated. "No need for the cases to be transferred to the High Court. Nor has any justification been shown for having them transferred out of Wales.
An appeal has no real prospect of success.
Of course not. Never in this adversarial system that only serves everybody in it.
I shall forever help Maurice, for I do admire his stamina and willpower. But what an uphill struggle, if there is a top of the mountain at all!...