This week's Bristol Crown Court application, for disclosure of court and custody records, flows from my apparent application for bail, some weeks ago, from within Cardiff prison. Its purpose was to compare the perverse variation in judicial ‘ground rules' available for a prisoner in England to one, less fortunate and found to be incarcerated in Wales and especially in Cardiff
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His Honour Judge Julian Lambert has just informed me that the Cardiff Magistrates Court again insists ‘there are no records' to be released for me to prosecute my long awaited Crown Court appeal on this Friday, 25th May. The court was also reminded that the Crown Prosecution Service again remains ‘unavailable for comment'. I have made, now, well over seventy court applications in Cardiff on this and related matters of ‘failed disclosure' and yet it has only taken one such application in an English court to witness a positive response and the likelihood of the proverbial ‘fire works' when disclosure of public records is finally achieved.
This apparent unlawful use of Section 36, applied to an incident that occurred almost two years ago, in Cardiff Crown Court and causing my admission to hospital, may be why it has been so delayed and moved out of the area for fear of publicity.
The outcome of all my recent Cardiff Administrative Court, High Court, County Court, Crown Court and Magistrate Court hearings, since February, whilst imprisoned and unable to be appropriately legally represented, has found me facing yet another five year prison term, such as the scandalous MAPPA based indictments in the 2009 ‘WW1 machine gun' fiasco.
All my seventeen ongoing cases, including private prosecutions stifled by successive Cardiff Crown Court judges, rely purely on whether a court and especially one consisting of a jury, be allowed sight of and understanding of ‘evidence', only in the ‘control' of either HM Courts and Tribunals Service (HMCTS) or the South Wales Police.
Any evidence that might ‘undermine' the prosecution's case is invariably not disclosed in Cardiff courts as was proven in my first twenty odd appearances this year.
There are inherent dangers for the unsuspecting Welshman who must be warned, should a repeat mistake be made as with the Welsh Assembly, by he or she now voting for an independent judiciary, as it will only exacerbate these already serious anomalies.
Cardiff courts, over the past twenty years, have deliberately withheld public records from me and my helpers in their attempt to cover up, ‘what really goes on in our courts'. These issues, hopefully, will be touched upon by Her Majesty's Crown Prosecution Service on this Tuesday afternoon.
Incidentally, Bristol Crown Court, last week, had me before the judge in less than 24 hours of them being aware of my application even being in the building! Oh, so different to Cardiff.
Bristol court was told I had already been sentenced to a nine months term of imprisonment by prior arrangement of ‘HM Partnership'. Their agreed release date, for me, was to coincide, as usual, with the last day of my trial, irrespective of the verdict.
For the purists, who know my background, I should note that someone rather spiteful, at the very last minute, disallowed consideration for my time in custody with the Metropolitan Police, just before Christmas, thereby extending my custodial period by a further five days. I had been snatched to prevent my giving evidence on behalf of the Musa parents refused bail in their continuing case, this week, of their, now, seven snatched children by Haringey Council. The Nigerian family face division by forced adoption and deportation.
Regina v Chiwar Musa & Gloria Musa, Wood Green Crown Court, London, Monday 21st May 2012 at 10am ...... See You There
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‘Operation Orchid' launched a police helicopter and a significant number of armed police across South Wales when Barbara Wilding tried to have snatched, by Social Services, my own daughter, then ten years of age, on the 22nd June 2009, using ‘Operation Chalice' as their excuse.
Following the cross examination of the first four police officers, revealing the conspiracy in that 2009 ‘machine gun' trial to get me jailed IPP and that the gun had been made ‘operational' after I had sold her, a year earlier, the ‘Cardiff cabal', consisting of judiciary, police others, have again huddled around some MAPPA table, in some dingy Welsh police office and conspired to implement a whole new meaning to be applied for Section 36 of the Youth and Justice Criminal Evidence Act 1999.
It basically allows a court to appoint their own lawyer to conduct cross examination of their ‘sensitive' prosecution witnesses, even including the investigating police officers, despite obvious objections by this defendant.
New witnesses, found well over a year ago, have still not been interviewed by the South Wales Police Professional Standards Department despite this gun's ‘re painting' by their own officers, to try and fool the 2009 jury, has been verified and reported to the IPCC.
The gun's re-commissioning, contrary to Section 5(1) a of the 1968 Fire Arms Act, since I had sold her has also been verified and nothing done about it.
Only this year, during one of my private prosecutions when trying to recover my confiscated property, police have verified ‘finding' an actual ‘prohibited weapon' and ‘prohibited ammunition', during the 2009 trial, in my home but have withheld this information until now.
And now, with still more new evidence, only this week, with one WW1 Lewis machine gun, bolted back on again, onto my old DH2 Farnborough Display biplane, now in Lincolnshire, the IPCC are again refusing to re-consider my original August 2009 complaint, from hospital and to order a properly conducted ‘independent' police investigation, by an external police force, well outside this corrupt riddled part of the United Kingdom, called South Wales.
Bristol Crown, Case Progression Case e-mail
08:22 (3 hours ago)
to me
Please find enclosed response from HHJ Lambert.
Please acknowledge receipt of Mr Kirk’s e-mail and inform him that the documents will be placed on the judge’s papers ready for his application on Tuesday. Please place them on the papers. Regards
Case Progression Officer