Legal Battles : Cardiff County Court, medical records

Fair Trial, Effective Remedy (Human Rights Articles 6 and 13) versus just What?

SabineKMcNeill — Wed, 17 Nov 2010 22:04:00 GMT

Imagine this scenario: Maurice Kirk is charged with a ‘misdemeanor’, as the Yanks would call it, a simple Section 39 ‘common assault’ allegation against an ex-police officer, a Cardiff Crown Court official. He had repeatedly refused to accept the ‘grounds document’ to be lodged with Cardiff Court, on a deadline, before it is then sent up to London's Criminal Court of Appeal..

Maurice will say, if given the chance under Article 6, he therefore simply tucked the single sheet into the top pocket of the court officer allocated for the job of receiving these specific court papers. The HM official, instead, crumpled it up and pushed Maurice down the steps of the court, on his crutches, leading to the need of hospitalisation and x-rays. See this photo.Mr Hassan posted it the same day.

Despite substantial medical evidence to the contrary, the 2nd November Cardiff Magistrates Court hearing took place in his absence. He was, of course, found guilty and a warrant was, of course, issued for his arrest. A European warrant is now being seriously considered by the CPS, knowing full well its uncontrollable pitfalls. Yet another 1st November GP medical report had been served on the court that morning. The fifth September report had already been accepted by the Barry Magistrates and their case adjourned to early December, as well as the long awaited listed September ten week civil trial to allow time for Maurice's toatal hip replacement operation. This is the case for civil damages in Maurice’s eighteen year running damages claim against the South Wales Police for perjury, personal injury, false imprisonment and perverting the course of justice, many, many times. See videos and these key documents: incident schedule and HM leaked internal memos. All courts, so far, were assuming, by then, Maurice would have had his medical records released, currently stopping his operation from going ahead.

The ‘contempt of court’ appeal to London, by the way, is for a month’s imprisonment following Maurice’s pleading with the Recorder of Cardiff, HHJ Nicholas Cooke QC, in June, to 'inspect' the proof, personally, of an HM conspiracy and hand over the urgent medical evidence, especially that which HM used on the 2nd December 2009, when Maurice was considered to be ‘far too dangerous’ to receive bail for a trial the Chief Constable did not plan to happen. Maurice was in jail on remand, incidentally, for over seven months, being acquitted of all charges without any compensation or need to produce any defence. The jury had made their mind up after the first day of prosecution evidence, we all later found out, in the Cardiff pub, about ‘trading in an antique WWI Lewis machine gun’, that had been bolted on the front of his DH2 replica biplane for 33 years and even had been flown in the Farnborough Air Show by personal invitation from Captain Brian Trubshaw,CBE MVO, our 002 Concorde test pilot.

The police, CPS and ten Cardiff judges, no less, knew or should have known, the aircraft and her 'gun' had been sold well over a year before his arrest. The arrest that June had been a monumental '*** up' due to a critical breakdown within the communications of South Wales Police and Dolmans, their solicitors, drawing in the cash, 'defending' the Chief Constable, preparing for her December 09 retirement.

Maurice's original arrest had never been intended. Maurice was then already set up as a target to be 'lawfully' shot. But Dolmans, knee jerked, following an incident concerning their front window on the 19th, filed a statement of complaint, on the 20th June 09, to have him arrested the next day, not having been fully briefed of Barbara's 'end game'.Or, maybe, the end of the 'gravy train', if Maurice was shot? Naturally, the Trial Judge, HHJ Peter Thomas QC refused Maurice any disclosure of anything, virtually, hurriedly made at police HQ. Why? It would further confirm that the almost forty year running HM conspiracy started in Taunton, Somerset, in the 1970s.[see next blog: Maurice, the 'Drug Smuggler'?].

That Dolmans fabricated the complaint caused Maurice to be admitted to Caswell Clinic Gulag, Bridgend but for one purpose: to scupper the civil action that was now starting to go rather 'pear shaped', following Barbara Wilding's signing, drafted by Dolmans, her 25th Feb 09 sworn affidavit. Nine further HM Cardiff Crown Court judges [see downloads for transcripts] refused disclosure sensitive for 'HM Partnership'. Even the civil court judge, HHJ Seys Llewellyn QC, at least ordered its release. But Maurice is still waiting, a year later, along with forty odd police incident numbers needed for FOI and Data Proction disclosure, repeatedly being refused by our HM Information Commisioner, that sinister 'partnership' that now actually controls what really goes on in your UK courts today.

But let’s get back to the apparent ‘cosy relationship’ here in Cardiff, Guernsey style, where they have a permanent jury, often a magistrate in the lower court, partly voted on by the HM Prosecution and where no UK lawyer has 'right of audience'. HM tax haven rules are to be obeyed or you do not get the oil money...

Whilst Maurice was in custody in some austere Cardiff police cell, it was recorded, Maurice was still unable to find a local solicitor, to act on his behalf. Hence he produced himself, with the aid of some McKenzie Angels, this document with a Broad Overview to 'Give Context' to 'Legal Issues' and 'Specific Incidents'. [All this week he has approached numerous local lawyers, with countless fruitless phone calls and no replies, to deal on his behalf, as to why the Clerk to Cardiff Magistrates was refusing to put before a court his application for 'set aside', on medical grounds...]

The Cardiff stipendiary magistrate, on 2nd November, has already had presented to him four medical reports, from his GP, a consultant radiologist, a psychiatrist and a London doctor, the latter having specialised in brain surgery and now has her disciplines chanelled to the workings of 'the mind'. All have indicated the current pain and suffering due to a much overdue total hip replacement operation requiring, now, morphine sulphate and other like analgesics to be so prescribed. May this be indicative enough, on its own, for the case to be adjourned!?...

It is now simply a war of attrition, nothing new for Maurice. HM Cardiff Crown Court, for fear of their pension, refuses to release, not just official transcripts of last year's courts of 'record' but also copy of their public court logs. Why? They would further reveal the HM conspiracy to have him first, shot or if that opportunity was no longer an option, then Broadmoor High Security prison, IPP (Imprisonment for Public Protection), for an indeterminate period.

HM Court Services refuse to reply to any of Maurice’s applications to have the hearing 'set aside' or reveal the evidence given or furnish him with the clerk of the court’s contemporaneous notes of the proceedings.(3rd Nov and 13th to HQ).

Meantime, the Crown Prosecution Service refuses to return any of his calls and hides their ‘ace’ card up their oh so many sleeves. CPS barrister, Richard Ace and HM prison had deliberately not told Maurice of MAPPA, on the 25th June 09, before HHJ Hughes, on his first of ten bail applications. He had been left 'at large' for many weeks before he was arrested for but one reason. MAPPA had hade him classified as level 3 (terrorist), the top 5% most dangerous people in the UK, allowing the Chief Constable Barbara Wilding, who had mobilised a 24/7 armed police unit to shoot him on sight if he were to make a 'further approach' to her, she being the very same Defendant in all his eight tortuously drawn out civil actions, orchestrated by HM, for his 'special treatment'.

Nine more Cardiff judges also failed to disclose he was under MAPPA surveillance and was being considered, at each monthly MAPPA meeting, for high security psychiatric prison, potentially for life, reliant on Caswell Clinic and Swansea University so called 'experts' diagnosing his intra-cranial irreversible inflictions as a serious threat to the community. Have they evaporated away by now, a year later or is Maurice's condition getting worse? Why is Maurice still being refused a brain scan?

But now, in turn, both the civil and criminal Cardiff courts are also refusing to disclose the detailed account from their own Director of the South Wales Police forensic psychiatric prison, Caswell Clinic. Dr Tegwyn Williams had supplied numerous Cardiff Crown Court judges with sufficient compelling evidence, between 7th August 09 to 17th December 09, in numerous expensive reports, stating that Maurice had ‘significant brain damage’ (see Opinion in Oc t 09 psychiatric report) and equally falsified but convincing, 2010 rewritten report of Professor Roger Wood’s (original September 09) as a brain damage expert. By what time this winter, a year later, will the brain tumour have done their dirty work? (see 2nd Dec 09 transcript). It was pointed out to HHJ Bidder QC by part time Cardiff judge and Crown prosecutor, Mr Richard Twomlow, in the machine gun case who also, incidentally, while Maurice was down below rattling his own cage, to be there. [see civil actions against Reliance Custodial Services, past and imminent]

So, today, Wales' HM Court Service HQ, Cardiff, have still not intervened, Maurice was told. No written replies from magistrates or disclosure by the CPS as to evidence heard in his absence, with the only hint being that Maurice’s only way forward is to the HM High Court for yet another insulting Judicial Review. Ah, but Maurice, that means it is for a judge in Cardiff, now Wales has achieved furhter devolution from London but it will be in the very same building where a clandestine attempt is still going on to register him as a ‘Vexatious Litigant’ (internal memos), reliant on a team of HM Treasury Solicitor bewigged lawyers in Whitehall, the very same HM official who informed the Cardiff Court, recently, that HM Court Service had taken £360 off Maurice to sue HM prison Cardiff for a previous false imprisonment.

But, surpsrisingly, neither the HM governor of HM prison nor HM court manager, Neil Pring, could trace receipt or proper record of 'serving the claim', [despite MAPPA covert surveillance!], nor could HM Prison be made to admit receipt of the £50,000 judgment in July 09, in Maurice's favour, a copy of which had been delivered to his prison cell! . It was later admitted by HM Treasury Solicitor that the served document was believed, at the time, to be part of the 'vexatious litgant investigation', now six years running. Just as 'HM Partnership', Prison, denied any knowledge their prisoner had been under MAPPA surveillance, in writing, since arrest in June to 17th December 2009. So, why was he taken off it just before the trial to make a bail application? To get just one last chance of a shot before the predicted trial embarrassment?

That local HM Magistrates court has to consider whether the 2nd November 09 hearing should be 'set aside', on medical grounds, whether the CPS be made to disclose the medical evidence of 2nd December 09 asDr Tegwyn Williams pleaded Maurice was still far too ill to 'plead' or defend himself and must be represented by HM counsel. Also, Maurice wants all his court cases heard outside Wales.Pigs might fly.

Simple, do what the RCVS did in 2006 and have done ever since, to prevent Maurice getting before a court to be allowed to practice veterinary surgery. Refuse to convene a court.

Simple, do what HM Privy Council did this June, for his lodged appeal against the RCVS at the Supreme Court building. Refuse to convene a court.

Simple, do what the RCVS Royal Charter promised them, ever since 1844 with its twelve variations now also protected by HM Memorandum of Understanding, promised between the South Wales Police.and Law Society, ie immunity to criminal prosecution.

"There is always an appeal, open to you, Maurice, to the Cardiff Crown Court, just around the corner", someone smiled.

"All you need to do is to attend to hear it, in hand cuffs, most likely. What you would have missed, of course, is the vital opportunity of cross-examining for the second time, when lies are that little more difficult to 'recall'. It is the way they threw the dice this time, Maurice, the cost is never their money".

During the 70s and 80s, during the reign of the likes of Arthur Scargill, a Cummings cartoon of this destructive trade union leader, killing off any last possible breath for the Welsh coal fields, may just sum up the current state of play here, in its capital, some thirty years later...

Summary: Besides the Channel, there is another serious gap between the UK and the European continent: the gap between the UK Human Rights Act 1998 and the European Convention of Human Rights. Article 6 guarantees a fair trial in both texts. But the UK has omitted Article 13, the right to an effective remedy before national authorities. Maurice has had the benefit of neither, ever since he’s been harassed by police in Somerset, Guernsey and South Wales.

Now he had to seek asylum in Brittany, while

•       the NHS, Caswell Clinic, Dr Tegwyn Williams, the Crown Prosecution Service (CPS) and HM Prison, who all have a copy of his medical records, should release them
•       the Police wants to arrest him, for a minor and alleged offence, convicted in his absence, whilst he has a case against South Wales Police running where he claims for civil damages over a ten year period
•       HM Court Services block, delay and lose his documents. He is denied access to the public counter, it used to bounce his e-mails and often ignores his serious requests for information.

World Wide Words: Balderdash and flummery
Nov 23, 1996... As a verb, to welsh on someone is to swindle him or her out of money, originally and strictly by a bookie at a racecourse decamping with the ...

Warrant for Arrest (for how long?) - while Seeking Asylum in France - for these Reasons

SabineKMcNeill — Thu, 04 Nov 2010 10:00:00 GMT

Maurice insists in being arrested only for the purpose of going to court and meeting the judge who convicted him in his absence, despite his request for adjournment. But the Court is far from co-operating. Here's his account with questions to the Court.

The NHS has asked their solicitors about the release of the medical records. The Judge and the Police's solicitors are meeting in Maurice's absence.

Is the only purpose for solicitors to run up bills, while Maurice not only suffers physically, but is also made to suffer the anguish of having to be arrested for an indefinite period?

The Police are only doing their job. And the lawyers who tell the Law Enforcers what their job is, don't care, do they...

The Royal College of Veterinary Surgeons (through their lawyers) are protected from any wrong doing by their 1967 Royal Charter. Here's what they should have done:

Extract of 2004 Statutory Instrument:

20.3 On receipt of an application to which this Rule applies, the application shall be listed for hearing within 3 months.

20.6 At the hearing of an application to which this Rule applies -

(a) The applicant shall be entitled to address the Committee, and to adduce evidence and make submissions, in support of the application;

(b) The Solicitor shall be entitled to address the Committee, and to adduce evidence and make submissions, in opposition to the application.

As Louise Casey, the Victims Commissioner, said to me: we've got a hearts and minds job at hand...

'HM Partnership' overturn Maurice's £50,000 Judgment, against the HM Prison Governor, Awarded by Trial Judge

Maurice Kirk — Sat, 09 Oct 2010 07:38:00 GMT

1. In a well thought out judgment the HM District judge, Master Phillips, ruled Maurice had lost his compensation and was to pay, instead, HM £2,200 in costs but, at least, 'stayed' proceedings for three months due to the claimant's medical problems. Problems that may continue, sine die, until HM hands over his medical records for surgeon and anaesthetist.

2. The whole case had rested on HM Treasury Solicitor's barrister, today, stating no Particulars of Claim for damages, for his 2008 false imprisonment, were ever received by Cardiff prison from the HM Cardiff County Court manager, Neil Pring. Mr Pring is the very same one currently refusing Maurice the right to process his fourteen ongoing directly related court cases, at the public counter, whilst also deliberately bouncing any 'due process' via court e-mail addresses. Remember, Mr Pring, instigated by HM Attorney-General [see leaked HM internal memos], back in 2002/3, had gathered up, now under the HM Treasury Solicitor's specific orders, all of Maurice's past and present court files for Whitehall scrutiny, despite a success rate of 80% in the fifty odd cases. HM judges wanted to ban him from any civil court, either in England or Wales unless he was represented by a lawyer. A rare move purely to certify him as a Vexatious Litigant. Obtaining the services of a trustworthy lawyer had always been the heart of the problem.

3. Maurice insisted he had paid HM, on 20th April 2009, for service on both Defendants, Ms West, the then Governor of Cardiff prison, just days before their 8th June, MAPPA meeting where her probation/prison representative(s) were then sitting around the table, at their cosy Bridgend police HQ with other MAPPA key players, such as senior police and NHS doctor, Tegwyn Williams and Social Services, Elizabeth Paul, both of special South Wales Police forensic unit, Caswell Psychiatric Prison.

4. The 1st Defendant, in this, the 5th Action against police, was the Chief Constable. She had always admitted court service, on 20th April and had immediately proceeded with voluminous defence, by Dolman's solitors, both in court and directly to Maurice, now detained in HM Cardiff prison. He remained there until his 11th February 2010 acquittal for trading in 'prohibited weapons and ammunition' whilst attempting, Dolmans, solicitors, would say, by 'mutual exchange' of witness statements through their front window. Maurice was still a little upset, apparently, as to the way the Chief Constable had continued to deny, by sworn affidavit, any knowledge of some of his successful Barry magistrates cases and of her officers having broken into his surgery, all matters within some hundred or so incident numbered conflicts with the South Wales police.

5. In June 09 Maurice had applied for a Default Judgment, by letter and had the completed HM form returned from prison to the court. Maurice also raised the whole issue before His Honour Judge Seys Llewelyn QC, in July, following HM Prison having refused his presence at an earlier court and earlier, still, before HHJ N Cooke QC on a routine bail application. Both these judges would have known, of course, about Maurice's MAPPA terrorist level 3 status with HM prison monitoring all of Maurice's visitors, telephone calls and letters to and from the County Court and opening his solicitors.

6. At the 8th June MAPPA meeting HM considered it likely that Maurice would be shot when next attempting to 'exchange' witness statements. It was now his seventeenth year in this long running civil action, repeatedly being refused a Trial by Jury originally promised, originating from when Barry police, on 27th November 1992, had first refused to apprehend or even interview the named likely arsonists who had burnt out his garage at his home in Barry.

7. The garage had hangared his WW2 piper cub (not insured) and also full of his and his father's extensive collection of rare veterinary antique books and equipment (see exhibit, in 4th Action and ITV News video). Maurice was, instead, grilled at the police station by the officer in command, as if he had burnt out his cub to claim on insurance. Police harassment, originating from the 70s, in Somerset, was clearly, again, rearing its ugly head.

8. This time, Maurice was not going to just 'move out of the area', as he had always done before, this time he was going to take a stand and fight them, legally represented, through the civil courts.

9. In the 2009 MAPPA minutes, under the control of Nigel Rees, MAPPA Co-ordinator, reveal Maurice received a majority consent for 'special treatment' with Dr Tegwyn Williams allocated the task, by whatever means, to obtain Barbara Wilding's desire for a 'final solution', Maurice's Broadmoor imprisonment, of 'indeterminate length', IPP, having failed in her opportunity, when deliberately delaying Maurice's arrest for a few weeks, in having him shot.

10. Quotes from 8th Oct 2010 County Court Judgment

P 5 para 23 'The evidence of the 2nd Defendant is that they have no record of having received any correspondence from the court for the period April until October 09 in relation to the proceedings issued by Mr Kirk'.......

P5 para 26 'I accept the evidence of Mr Booty (current HM Governor) that the prison had no record of the prison having received any correspondence from the court for the relevant period. I cannot accept that if the proceedings had been served they would simply have been ignored'.

P 5 para 27 'I do not suggest it is necessary (as Mr Kirk suggests) for there to be an affidavit sworn by the previous governor. He or she will simply repeat the procedures in place in dealing and processing of incoming mail at the prison and that aspect is dealt with in detail in Mr Booty's statement'.

11. In around November 09, when Maurice received the £50,000 Judgment pushed under his prison cell door, immediately arranged, by application to HM Governor's representatives for the distribution of tobacco for all hundred odd inmates on his prison wing.

12. While Maurice cannot commence Court of Appeal proceedings, owing to the Order to 'stay' proceedings, he was just been contacted by the court, mid English Channel, too far out to jump off and swim back to Brittany, where he had gone in search of ten year old police custody videos and tapes. These included the one of police smashing their way into his daughter's car to arrest him, whilst stuck in stationary Cardiff traffic and, later, knocking him about in the cell of the police station.

13. Cardiff court told him that the anxiously awaited judgment, scheduled for Monday, 11th October, as to whether MAPPA meetings summaries will be disclosed or not, was now adjourned to possibly, Friday, 15th October.

Before Trial Day 12 in 2 weeks: Position Statement

SabineKMcNeill — Tue, 28 Sep 2010 10:30:00 GMT

Position Statement
Kirk v South Wales Police
CF 101 741 etc

28th Sept 2010

Yesterday, His Honour expected me to talk for a week on law, as well, and on legal argument for not striking out the most relevant incidents of misfeasance, malice and deliberate inactivity. These included the Cowbridge Show case, jailed despite Breach of the Peace 'withdrawn', police leaving my vehicles abandoned on the road side, unlocked full of dangerous drugs, stolen cheques by known identified crooks not even interviewed, roundabout case, careless driving for rounding an empty five lane roundabout, two and one half times at 4mph with police caught in court saying,"we will get the *** driving around in his little white sports car", and the list went on and on.

Case adjourned for 2 weeks for judge written order re MAPPA release of Executive Summaries... Police fighting tooth and nail, if released here or by Court of Appeal, I cannot publish on website or to be heavily 'redacted', cross out names , organisations etc...I have no worry about the latter. Barbara Wilding organised the prosecution weeks before my arrest dependent upon Dr Tegwyn Williams' false evidence. They even sat around the table, on the 8th June with others, known to me and Dolmans, discussing my proposed permanent departure from society.

I had long gone from court, due to too much morphine, possibly, having tried to juggle the amount for pain versus a woolly head! The case continued in my absence for the rest of the day. I was later told by someone in the audience... Judge not happy about adding 4th Action while police QC used the word 'vilification' more than once, stating my 'game' was always to bring in fresh evidence at the last moment! Rich from him refusing to identify all the police names at each incident or Crime Reference numbers to enquire as to the progress of any of the hundred or so encounters in my eight miserable years...

I am not fit. So judge is pushing for the case to continue from home... my argument in writing... I cannot get my head round that idea when no court, not even this one, will order police to hand over medical evidence used on 2nd December 09, in Crown Court, in Defendant's 'last ditch' attempt to have me sectioned to Broadmoor, for life.

I was only in court a few minutes today, but did hear judge confirm with police QC, trailing barrister, partner of Dolmans and their hangers on, all acknowledging the police, the Defendant, present in court, did not have the MAPPA 'minutes' of the Barbara Wilding chaired meetings!

Why do I bother to attend at all?

His Honour, yesterday, suggested I obtain a signed witness statement from scrap dealer. So I enclose, obtained this morning, on Barry Island. The scrappy now told me I had originally complained to the police for not arresting him, in April 1996, for theft of car but police refused to investigate. Time passed until Jackie Seal, CPS prosecutor, was asked on how to get Kirk off the police back. She told the policeman go and arrest him, interview and then release, 'no charge' and in that way Kirk cannot get anywhere with it! This interview has now found six more witnesses implicated in the 3 Actions but CPS and Dolmans continue to refuse to disclose identity or crime reference numbers.

Maurice J Kirk BVSc