Legal Battles

Draft Restraining Order Found!!

The 1^st December 11 draft restraining order, re harassment conviction of an unusual police psychiatrist, hand written by District Judge John Charles, was mysteriously suddenly found yesterday in Cardiff magistrates in a hearing denied the usual press coverage.

Produced by Barrister David Gareth Evans first complaining I had assaulted him during by my private person’s arrest for his continuing abuse of his position as Her Majesty whilst prosecuting in a UK British Court this revelation is a break through to go back to Lord Leveson at the Criminal Court of Appeal.

My 23^rd April 2013 arrest of this lawyer, carried out following indication the South Wales Police would not investigate on my behalf, as to how this HM Crown Prosecutor, David Gareth Evans of 9 Park Place Chambers, Cardiff, had clearly perverted the course of justice AND the offence is still on going. when he originally watched NHS (Wales) doctor, the complainant in the original harassment summary hearing, have me registered his mental patient simply so he could not be cross examined by me!

I politely warned the visiting district judge, a Mr Layton, believed to be from outside Wales, that until this doctor and those hell bent in conspiring with him, to have me either shot or incarcerated for life, by blocking the GMC from intervening, then he would being seeing a lot of me in his courts as each new charge is fabricated.

 It all stinks, doesn’t it? But what is new under the sun where UK law courts are concerned?

This now disclosed draft restraining order has been deliberately withheld from me, not just for my countless failed bail applications but my 1st March 12 Cardiff Crown Court of Appeal against imprisonment, the 4^th May 12 jury trial, for being in breach of it with a further vindictive stretch of imprisonment when I was never served with a restraining order in the first place1

Even my 2013 Criminal Court of Appeal applications, before Lord Leveson et al and my current Judicial Review application, again blocked by the HM Cardiff Cabal, for this very court hearing to be adjourned, is a scandal in itself.

Both HM Court Service and HM Crown Prosecution Service had previously deniedall knowledge’ of such a hand written document which now only leaves the one, unless this was this one that my human rights workers saw being brought back from the cells, on 1^st December 2011, following my refusal to read it yet alone approve of it?

Yesterday's conspiracy, with an empty public gallery, unfolded further by the ‘finding’ of another draft version actually stapled to it!!!!!

This version, with no hand writing on it, other than my own made in the 4^th May 12 Cardiff Crown Court dock, was the ‘draft’ the very minute Evans had produced it from ‘out of a hat’. It followed the judge’s order, the day before, to ‘go find it’. [This followed Evans’ admission that he may need to be Mr Kirk’s defence witness as the ‘hand written draft’ was still up in his Merthyr Tydfil CPS office.

Despite admitting the day before, before both the trial judge Curran QC, my friends in the public gallery and Mackenzie Friend in the dock, he had a typed a version, he had handed this same one, now in the 2013 Cardiff magistrates court, to District Judge John Charles, on 1^st Dec 11 to promptly scrawl all over it with his fountain pen, to ‘beef it up’, before ordering it be taken down to the cells for my so called ‘approval’.

The apparent criminal conduct of barrister Ms Anthony, from Middle Temple, London, was possibly worse, shipped in to give the impression of ‘no bias’ or real risk of bias, when I was refused the right to have the case heard outside South Wales.

Iscoed Chambers is Swansea and outside South Wales Police territory

Ms Anthony repeatedly mislead the court by telling the also ‘shipped in’ district judge, ‘there was nothing on file’, at Cardiff CPS HQ and that there was no letter or telephone CPS record from either my Bristol based solicitors or Cardiff based barrister for basic or section 8 disclosure.......

.....the bl**dy lying little b*tch or was she simply lied to by Cardiff CPS? Either way, she had a duty to the court first.

This very abuse is rife now in Cardiff courts and no doubt, elsewhere and is the major reason why the once revered UK adversarial system, a solicitor implanted between client and court advocate, is so strongly fought to be maintained?

For after over forty years of experience in London's Royal Courts of Justice, Taunton, Hampshire, Guernsey and Jersey, time and time again, I have witnessed barristers lying, through their back teeth, on oath or appearing to lie, as the little game is to keep the judge sweet and not compromised while their bank balances continue to swell. 

[Despite my personal experience I still strongly support the basic principle of a solicitor needing to put up with the, oh so often, awkward client and all his irrelevancies leaving the barrister to remain uncluttered with the job in hand and not with the baggage some clients bring along to the table!].

[ I fear still further break down of our judicial system, shortly, as more and more litigants in person (LiPs) are forced to conduct their own cases so often bringing mayhem to an already mysterious system based on discretion and not, apparently, the rule of law.] 

1. the instructing solicitor gathers the evidence and prepares the case for the Crown

2. the solicitor, in this case HM Crown Prosecution Service, Cardiff, hands the file to the barrister often on his or her arrival, usually by train, at court

3. this is where it all gets rather murky. A need to know basis is the art behind good advocacy .

4.  In yesterday's trial for example, just as in my recent three month civil action against the police, when ever the prosecuting barrister (or defence barrister) is asked something he or she already knows the truth over some fact or other but body language, hand signals and facial expressions etc. come into play. such communication of information, not recorded on tape or clerk of court written record, between the thee players, the judge, the barrister and team of instructing solicitors sitting quietly behind can so often go unnoticed by the unsuspecting client in the dock!

5. Yesterday was a classic, for example, over reasons why the case should obviously been adjourned. Time and time again it was obvious her replies were because she had been either withheld information, as to my numerous attempts to have relevant documents to be disclosed or she already knew.

 BUT did she know that or was she told 'don't ask'? 

6. This Swansea visiting barrister may have left the court with unblemished character but both Mackenzie Friend and myself may well think otherwise.  

Having suffered more than twenty years of this kind of inherent deceit in Cardiff law courts I promptly summoned my barrister who, by sheer coincidence, was just outside the door 0f Number 2 magistrates court and to come in and told both judge and bent barristers, the truth. [Evans stated he had never seen the prosecution's CCTV footage]

Not only had my barrister written to the Cardiff CPS, for obviously needed disclosure, on my behalf but his letter to me was up on my website, with his permission, he having also made numerous telephone calls to both CPS HQ and CPS lawyer, Tony Dicken, re my one million pound damages claim against the NHS (Wales) forensic psychiatrist.

 CPS barrister Richard Tohmlow had already applied to His Honour Judge Neil Bidder QC that I be incarcerated in Ashworth High Security Psychiatric Prison, for life, as medical reports stated I suffered ‘significant brain damage’, a possible brain tumour when diagnosed with 'paranoid delusional disorder' in that I believed the South Wales police were persecuting me. Well, "perish the thought"!.

 Incidentally neither the Cardiff judge nor the CPS ever notified me I was registered MAPPA level 3, one from the top 5% most dangerous still breathing in the UK

09 12 02 Transcript Crn Crt REDACTED.pdf 

09 09 30 INTERIM PSYCHIATRIC REPORT Oct1 2009 REDACTED.pdf 

With both Barbara Wilding, the then Chief Constable and the rogue doctor, in clandestine Caswell Clinic multiple meetings, having me registered MAPPA level 3 and jailed for trading in illicit machine guns, just what will the cabal dream up next, I wonder?

My barrister went on to say, to an unusually listening judge for Cardiff, that the civil action was seriously entwined with these criminal proceedings and needing the basic ‘disclosure’ for both of the South Wales Police conspiracy, hatched as far back as May 1993, as the on going three month trial has just proved, to block my seven damages claims, against them, due my being bullied with malicious prosecutions, false imprisonments and refusal to investigate crime on my behalf. 

This caused adjournment and lengthy telephone calls by the London barrister to those in Cardiff’s CPS who, of course, should have been in court from the start with all the answers and so face the ‘music’.

Just another example as to why my tape recording of the court proceedings was not allowed, needed as we no longer have a ‘free press’ and because our British legal fraternity are still privileged to be allowed such a perverse adversarial system, too often before our very eyes, riddled with criminal conspiracies, such as what yesterday’s hearing exposed and remaining unpunished.  

The visiting judge ordered the production of the unsealed 'brown envelope', as well, with secret orders to the 1st Dec 11 district judge from His honour judge Llewellyn Jones QC, inadvertently slipped out of the Cardiff cabal's hoard of embarrassing docs, amongst HM Court Service clerk of the court records, asked for and denied to my May 12 jury.

 The Cardiff Crown Court, shortly, will willingly, no doubt, have it produced to crush my many recent convictions, in the name of so called 'justice' now the author has retired.

Clearly, yet another set of criminal proceedings must be instigated somehow while this current matter is on a deliberately delayed Cardiff Crown Court appeal, like last time, in order to force the Cardiff cabal to give disclosure of simple public documents.

It appears, as I pleaded to the visiting judge to intervene, to be the only way to have my erroneous Caswell Clinic Prison, Bridgend,  medical records totally expunged and for the culprits to be sent to prison.

Early on in yesterday's proceedings I recommended to the court some sort of restraint order aught to be handed down, which I would eagerly agree to, in that I had no wish to approach or arrest this crook, again, as I was filing private prosecution papers, anyway, as my complaint to the Bar Council, sent out from the prison had achieved the expected. 

If and when I receive any restraining order it will join my appeal already lodged at Cardiff Crown Court asking, again, for an outside police force, to investigate the widespread unchecked corruption throughout so many performing in South Wales law courts.

Just been tipped off the cabal are up to having me sectioned 42 as a 'vexatious litigant' again, with the aid of the bottomless pockets of the British tax payer.

'screen saver', while the 'dypsos' open their next gin bottle. at Alderney talks

ROUGH COPY Maurice Kirk v South Wales Police BS614159.docx

To be continued..........