Legal Battles

Monday 13th 10.30am

  START of MY WITNESSES GIVING EVIDENCE that should be quite entertaining for the 'uninitiated' and 'misinformed' as to what really goes on, nowadays, in our British law courts so seriously affected by 10 years of 'Blair' rule

IN THE CARDIFF COUNTY COURT                                                     

 BETWEEN:

MAURICE JOHN KIRK

Claimant

and

THE CHIEF CONSTABLE OF SOUTH WALES POLICE

Defendant

CLAIMANTS POSITION STATEMENT

11^th May 2013

In Search of Appropriate Medical Attention

1.       In 2009, whilst in custody at Caswell Clinic, Bridgend, South Wales, I was diagnosed with ‘significant brain damage’ and having a possible brain tumour. The forensic psychiatrist but without appropriate qualifications, recorded his findings in psychiatric reports and ever since the South Wales Police was used his reports to oppose my release from custody.

2.       Originally I had been sectioned under the 1983 Mental Health Act and immediately incarcerated from Cardiff prison to Caswell prison purely from a fax, that morning, to the Cardiff Crown Court, the signatory of it having carried out a clinical examination.

3.        I later found out that there had even been a mistake in allowing my presence to court, in a wheel chair, as it had been the police’s intention that I was not to be allowed either legal representation or warned as to what the legal proceedings were all about.   

4.        Again, in December 2009, his psychiatric reports were again used by this same doctor but he was in court this time while I remained locked up below without legal representation.

5.       HM Crown Prosecution Service, on behalf of the South Wales Police, unsuccessfully applied, fortunately, that I be further incarcerated but now into Ashworth High Security Psychiatric Prison.

6.       Ever since I have been repeatedly refused any chance of a medical examination, in South Wales, by no less than five GP practices, so far, whilst in the hope of clarifying and correcting Caswell Clinic records, being the responsibility of NHS (Wales).

7.       In order to maintain validation of my pilot’s medical, in 2010, I had suffered further expense, because of Caswell Clinic’s records had been circulated by the south Wales police.

8.       I was, therefore, made to face two hours of a gruelling ‘question and answer’ session with two senior psychiatrists at the Civil Aviation Authority Head Quarters, Gatwick.

9.       In the end I was not entirely sure as to just who had conducted the most searching questions before the joint conclusion was reached by the doctors, at least, quickly requested to be  backed by letter before any change of mind, that any query into whether or not my licence was to be revalidated, ‘was not a medical matter’.

10.   In 2011, after my visit to Sussex, I was again arrested but this time by the Metropolitan Police with all charges later dropped.  I had been again been sectioned under the 1983 Mental Health Act using purely the 2009 Caswell Clinic mental health records.

11.   These same original records went on to be used again by the South Wales Police to successfully have me remanded in custody in the Autumn of 2011 and even deny me my right to represent myself in countless criminal court hearings that flowed while this Welsh same police doctor still maintained  the validity of his apparent ‘findings’.

12.    His own records of me were even relied upon, in court, when the police successfully opposed my bail whilst facing allegations from this very same doctor that I was causing him ‘criminal harassment’ when simply requesting his reconsideration of his clinical findings of me now that they were well over two years old.

13.    It was by this same doctor’s recommendation, having failed to have me incarcerated in Ashworth high security psychiatric prison for life, as he said, a ‘risk’ to himself, District Judge John Charles appointed  a ‘court lawyer’ to conduct my defence, ‘on medical grounds’ despite  having no instructions given by me to anyone as the disputed facts in the matter!

14.   Again these 2009 Caswell Clinic psychiatric reports were relied upon in Cardiff magistrates by the local police, in August 2012, following a signed police taken down statement by this same doctor and his wife, to successfully oppose bail.

15.   I was not released from prison, with all charges dropped, until many weeks later following the CPS noticing, when preparing for another jury trial of ‘Breach of a Restraining Order’ the Caswell Clinic doctors’ 21^st July statements had recorded police had to be called to their home for Maurice Kirk to be ‘moved on’ when reliable police surveillance had confirmed that I did not even know where the two doctors lived nor did I have any desire to see the pair of them ever again!  

16.   Upon this release, this time from Bristol Prison, having had another case, this time a ‘common assault’ conviction quashed, originally obtained in Cardiff, during my absence.

17.    The Cardiff authorities had used the usual ‘court appointed defence solicitor’ on the excuse of the same spurious Caswell medical grounds with no prosecution evidence even being challenged!

18.     My ‘common assault’ appeal had been deliberately delayed for over two years in order for the police to successfully use its outstanding conviction to oppose my numerous bail applications while I awaited the 1^st Dec 11 District Judge John Charles 1998 Prevention of Harassment Act allegations against the said doctor, its predictable March 2012 appeal and May 2012 first ‘Breach of a Restraining Order’ jury trial.

19.    The purported ‘restraining order’ was never served on me until I had been arrested for the breaching of it.

20.   The Welsh authorities used and still use my convictions picked up on 28^th Nov and 1^st Dec 2011 hearings, both conducted in my absence, one having been in the same London court where I had, a few months earlier, luckily overturned my Tottenham police station sectioning to St Ann mental hospital. Both these convictions were obtained by Cardiff prison refusing my attendance in court with John Charles, also refusing me bail, having been made aware of the full circumstances.

21.    Luck came my way again by the Welsh CPS having been unable to put off my appeal any longer and so stupidly transferred my ‘common assault’ appeal to England for fear of the publicity it would generate locally.

22.   The Bristol CPS gave the depositions in the case just one look and immediately dropped all opposition to my appeal once realising the doctor’s original police induced medical evidence had been the cause of the recent Royal Courts of Justice hearing, before Lord Moses.

23.    Following a June 10 ‘contempt of court conviction’ before His Honour Llewellyn Williams, following His Honour Judge Cooke QC having refused to act on the Caswell Clinic falsehoods, my conviction for ‘common assault’ arose from an ex South Wales Police officer having just pushed me down a flight of court steps and braking my leg. This happened during my futile attempts to have served on any Cardiff court my ‘grounds for appeal’ against my ‘contempt of court’ one month’s imprisonment required for the Criminal Court of Appeal.

24.   I needed an independent medical examination, now, for various reasons. Montpelier Heath Centre, Bristol was where I used to be registered as a patient before and during some of the time after I first came to live in South Wales, in the early 90s. This surgery also refused me registration as a patient but without being aware of my Caswell Clinic history.

25.   There reason was that as I had not lived in the area long enough to have obtained proof, for example, by producing to the receptionist, an old gas or electricity bill before my application then it would not be taken further.

26.   The fact that I had remained registered with that Bristol practice for many years, back in the early 90s, even though I lived and worked in the Vale of Glamorgan , seemed to worry no one in those days.

27.   Once I had been successfully released from prison, in Feb 2011, following my acquittal for ‘trading in machine guns’, the Cowbridge Health Centre, in the Vale of Glamorgan, barely let me through the front door before threatening to call the police when all I wanted was clarification. I and my family had been registered with the Cowbridge practice for many years and myself for at least a decade.

28.    This same practice refused, after my request for help from Caswell and would neither intervene privately nor take the issue higher, following my results of the August 2009 brain scans, at the Princess of Wales hospital at gross variance to that of the Clinical Director of Caswell Clinic.

29.   So I registered with the Ravenscroft Surgery, Tynewydd Road, Barry. This soon terminated following just two consultations in my pursuit for clarification of whether or not I had cancer. I was, indeed, shown the door but not having first taken a witness to the doctor’s consulting room to witness his refusal to order a follow up brain scan.

30.   So up the road I go, this time to Court Road Surgery, Barry and register as a patient yet again. Sure enough, as soon as a medical is requested to ‘fly an aircraft’, for an NPPL and not my current PPL licence I am refused an examination.

31.   I next try Ty Catrin Psychiatric Hospital, Ely, Cardiff, simply to ask to see Dr Gaynor Jones for an overdue consultation once I had established it may well be possible.

32.   Dr Gaynor Jones had earlier promised me an appointment having been the lady at Caswell Clinic in 2009 and in HM Prison Cardiff, in 2010, to have signed for the brain scans to be done, in the first place, I assume to quash this apparent nonsense as to why I had been sectioned and singled out to be a permanent mental patient in the first place.

33.   This resulted in the visit by the police to my flat on several occasions until on a Sunday morning I was warned of immediate prison if I did not stay away from Ty Catrin I now understand  being part of the Caswell clinic’s private domain for some of their doctors.

34.   So I register at the Ely Bridge Surgery, Cardiff, just down the road from where I currently live for the duration of current legal proceedings but I am refused a medical examination once it became established as to just who I was and just what my medical records contained.

35.   I consider going ‘private’ while being unable to return to my doctor in France, in the current time frame and so I make local Cardiff enquiries.

36.    Yesterday, at a Clare Road practice, Cardiff, as soon as I get out of court, I am told, “No, Dr Jones does not do private consultations” and in fact the practice does not cater for private consultations. “If you wish to make an appointment for an ordinary NHS consultation you will have to make it at least two weeks ahead”.

37.   So much for that idea so try Spire or BUPA Cardiff hospitals. So what a waste of time that also was! “Ring back on Monday”, I was told.

38.   This morning, before I had renewed my place back in the witness box for further cross examination I had indicated to the trial judge that I simply needed an adjournment for a medical examination but as soon, as possible. We were both aware of my concerns over unexplained memory loss and loss in hearing, abundantly evident during the last two months of evidence and of my ‘unusual’, if not ‘extreme’ ‘clinical history’ concocted whilst in police custody.

39.   The learned judge had been a party to earlier court proceedings, this year and in the same  building, following the failed NHS(Wales) application to have ‘struck out’ my then blocked one million pound damages claim levelled at whoever was ultimately responsible for my current medical situation.

40.   No one was told, incidentally, that I had also been twice to ‘casualty and emergency’, during recent months, once in Bridgend and once in Cardiff. On each occasion I was refused an appropriate examination following my name being identified with previous addresses, including on the list both HM Prison Cardiff and Caswell Clinic psychiatric prison with the latter’s erroneous mental health records right before them.

41.   Just what can I do next with no time left during such a 24/7 work commitment for trial?

Maurice J Kirk BVSc

11^th May 2013