Legal Battles

Maurice is on trial in the Crown Court for possession of a gun which can fire two or more bullets on one pressure on the trigger and for trading in the same, (10 yrs sentence) Maurice, who is regularly denied his defence papers, unless he goes through various hoops, and then denied a pen and paper in court by the Reliance Security Firm controlling the Crown Court of Cardiff and on Friday denied his suit from the Prison and so had to appear in shorts and tee-shirt in front of the jury recently had sight of two statements taken from his wife.
 
The first statement on 22nd June 2009 was taken when her home was being raided by over 20 policemen which constituted two seperate search teams. During this tramatic event she was interviewed by a male policeman who proceeded to ask her nothing about a gun, nothing about ammunition and nothing about malicious damage (the reasons given for his arrest) but instead probed and questioned her about initimate details of their marriage and asked about Maurice's mental history.
 
It can be shown that MJK was already under MAPPA 3 investigation at least 6 weeks before  he was arrested and that staff from the South Wales Police, the forensic psychiatrist from Caswell Clinic, Bridgend (Dr. Tegwyn Williams), the social worker Elizabeth Paul and others had all been present at a meeting to discuss Maurice long before the arrest on 22nd June.
 
Police, without M knowing, took a second statement from his wife on 2nd December 2009. This was served to Maurice this Thursday, 4th day of the trial! It indicated that the Police again searched the property . A further 70 odd 'items of investigation' including witness statements taken Dec'09 and as late as Jan '10 of Aircraft Engineers asking about the aeroplane before, during and after MJK owned her including the 'prohibited live ammunion' as described by the CPS firearms expert.

Only at 1430 were documents served on Maurice which the Judge had agreed to let Maurice have the day before. These had been listed as undisclosed on the schedule that arrived at M's 'hotel' 2 days before the start of the trial. These included 'e's initiated by CPS to Brian Woodford who is on the run from the CIA and who sold the DH-2 aeroplane in 1997 to MJK.

These omitted the CPS parts but due to MJK's persistence, HHJ Thomas ordered the CPS to release the RAF Lynham 'e'mails too which confirmed what their expert forensic gun expert said in questioning from MJK that:  under the '68 Act the responsibility rests with the Military if a firearm is passed to a civilian that a) the civilian is a licence holder andb) that the item is appropriately certified.

These 'e' mails were dated 12th August and 26th August. It was obvious that the South Wales Police maliciously withheld this evidence. Before they were released the Judge had discussed them in chambers with the Prosecution Council but where was the
defence? In a cell under the court.

Dear Judge Thomas,

Regina v. Kirk

I humbly ask that my brother's medical records since June 2009 are released. They have been refused by the Caswell Clinic despite the Freedom of Information Act. I am in the process of arranging a private appointment with an E.N.T. Consultant in Bristol and thus need the reports from Professor Roger Wood, Dr. Ruth Bagshaw and Dr. Silvester. These are the reports which were not available to Dr. Silva when he had been required to write a report on Maurice and which were referred to by Dr. Silva in his ‘e' mail to the CPS when he explained that he could not finish his report without a full medical background.

It appears that the start of my brother's drop in hearing acuity dates from his stay at Caswell Clinic.

Dr. Tegwyn Williams stated in his final report that Maurice Kirk was fit to plead as long as he was legally represented because he was suffering from paranoid delusional disorder. The fact that Dr. Silva disagrees with Dr. T. Williams report supports the urgency for releasing these other reports.      

It appears that successive judges have relied on Dr. T. Williams report to deny my brother bail. Each time he has been refused the right to challenge the report.

Yours sincerely

Celia Jeune

Maurice Kirk's sister

Maurice is still battling for his rights in the case in the Crown Court Cardiff. He has had huge difficulty accessing his papers whilst in the Prison, again in the custody suite when he wishes to consult and also in court where documents such as witness statements are producd by the CPS at the last minute . The acoustics are so bad in the court that it is hard to hear every word spoken. It is clear that this is always the case in that particular room, Court 8. Maurice is still requiring the medical reports from Caswell Clinic which form part of the evidence which has caused several judges to refuse him bai. Without them how can he rebut the evidence.

Should there be difficulty reaching this site  please refer to www.ukcolumn.org or www.cpexposed.com

Maurice appeared at Newport Court 19th Jan 2010 not knowing what he was there for until he walked in. It was a further bail application presented by others. The prosecution were taking advice from South Wales Police but especially Dolmans, the police solicitors acting on their behalf whose senior partner, Andrew Oliver, Maurice is suing along with the SWP in the Civil Court at the same time!
 
The prosecution had to speak first but they have run out of arguments and so said that there was no change of circumstances since Judge Bidder heard the case on 17th December 2009.
 
The application failed.
 
The previous week at the Civil Court the Judge, His Honour Judge Seys Llewellyn QC instructed the Police to release to Maurice over 52 lever arch files. Now the Prison are refusing him access to them. This is the evidence he has been fighting to see for over ten years .

Civil Court Judge has ordered the South Wales Police to produce the 52 files for Maurice but when they eventually arrived the Prison Authorities refused to give any to him. At last, with more delay, they have allowed him access to 6 files at a time (so no cross-referencing possible) and each batch available every day or so thus meaning he has no time to prepare for his criminal case which starts 25^th Jan. He is still being denied his laptop on which he has filed evidence.

Because he has recently won a case for excessive physical restraint against Reliance, the firm employed to move prisoners from Prison to court, hospital etc, they have seen to it that he has even more restrictions placed on his visiting rights.

Maurice started his Civil Proceedings against the South Wales Police this morning in the County Court. The Solicitors, acting for the Police, admitted in court that they had no copy of their complaint to the Police against Maurice which led to his arrest on 22^nd June. He had been accused of threatening to throw the bundle of witness exchange papers into the building as he was not allowed in and they would not accept them.

Further, the Judge has ordered the Police to identify the police officers involved over the last 20 years in over 100 incidents where they have proof of which ones were involved.

COURT REF: T2009 7445

5th nov 09

Dear Sir

APPLICATION TO EXTEND CUSTODY TIME LIMITS

I am in receipt today of CPS Application to extend my prison sentence, of indeterminate length, into 2010.

The 5 pages of fairy tale nonsense was to be as expected.  In a week when some purported Psychiatrist, at least the 9th so far, featuring in this case, before we count up all the physiologists, psychotherapists, doctors, social workers and South Wales Policemen who sat around Multi Agency Public Protection meetings each month, I was half expecting a paddy wagon of men in white coats to take me away, away, away.

I am into the last chapter of Bloch and Reddaway’s ‘Russia’s Political Hospitals’ and about to start on ‘Gulag a History’, by Pulitzer Prize winner Ann Applebaum.  The similarity to the conduct of the last 6 Cardiff Crown Court Judges, HM Court Service and HM Prison, Cardiff and Caswell Clinic is frightening.

26 Oct 2009 CPS letter states South Wales Police ‘Reveal’:
Date of offence came to light – 27/05/09 – Bloody Liars.

CPS do not disclose sequence of correspondence, taken from my laptop during it’s custody, in anticipation of this expensive smokescreen to screw my 16 year running civil action for damages now coming to a head with Barbara Wilding, Chief Constable, knowingly signing the 25 Feb 2009 false affidavit for actions CF6141159- MC65, CF101741 and CF204141.

His Honour Judge Seys-Llewellyn QC has read, or should have read, my sequence of documents lodged on Cardiff County Court.

Eg.      24 April 2009 17 page Position Statement of Plaintiff to Court
or         8 May 2009 10 page document headed Police Surveillance to Adrian Oliver, Barbara’s private solicitor, who had me arrested on 22 June 2009.

But what is ‘new under the sun’, when dealing with the privileged few running our Law Courts, immune to prosecution and answerable to none?

PS  Where are all communication records between You, County Court, Caswell Clinic, Police, CPS and Prison?

Maurice Kirk

BM8473 KIRK
HMP Cardiff
CF24 0UG

23^rd December 2009

T.20097445

URGENT

Regina v. Kirk

Dear Sir,

The Recorder of Cardiff, His Honour Judge Cooke QC., has given an order that I be further sectioned under Art. 35 of the 1983 Mental Health Act and thereby refusing me bail.

His Honour Judge Bidder QC, along with around six other Cardiff Judges have also refused me bail so far, only on the basis of Psychiatric Reports, it appears, if one only reads the transcripts.

Cardiff Court has indicated ‘subject to the Legal Services Commission', and independent psychiatrist etc., ‘all of these things are available to him at public expense,' should I instruct a solicitor.

I therefore request you nominate a London Firm of Solicitors to obtain bail as transcripts, so far obtained, clearly indicate both transcripts and medical reports will be paid for under Cardiff Judges orders at the tax payers' expense. I do not believe a word of it.

To date, I have been refused all specific disclosure, independent medical attention, and sight of the Cardiff Court Log in order to establish if my letters arrive. Who else appears to have an interest in my imprisonment and has there been appropriate steps taken to expedite my release from the eight court judges refusals since 22^nd. June 2009?

Upon release from prison my likely residence will be in London as I have a number of ongoing court actions against the South Wales Police, both at the Royal Courts of Justice and Privy Council.

My numerous applications to preserve evidence, to the Court of Appeal (civil and criminal division) and administrative courts these past six months have proved futile.

Yours faithfully

Maurice J Kirk BVSc

Secretary
The Law Society cc. John Smith MP
113Chancery Lane
London WC2A 1PL N. Scarth Esq. ,
Office of Judicial Complaints