Legal Battles : Cardiff Prison, Fraud Act

Please find me a lawyer I can trust

Maurice Kirk — Thu, 28 May 2015 06:23:00 GMT

Please help as I am currently trawling through London lawyers again for forteen valid torts following yet another South Wales Police 'stitch up' for fear of their pensions. In a way the 'machine gun' case needed to have been lost as none of this then needed to be concocted. Role on the day for Welsh judicial autonomy and its own well deserved police force!

15 05 28 BS Medical Update R.pdf

Maurice Jailed Three Times in a Week Fourth Break in & Accused of Fraud

Maurice Kirk — Fri, 19 Jul 2013 16:11:00 GMT

On 20th July 2013 I am just released after another night in police cells because of liar, MARK DAVENPORT, ringing police to block my getting into the flat for my legal papers required for the final day of my twenty year running damages claim against the South Wales Police.

4th Break-in and theft (16th July 13)

3rd break in and theft (1st June 13)

After an hour in Cardiff Magistrates, before proper Cardiff magistrates for a change and not the usual District Judges, John Charles or Bodfan Jenkins, fundamental issues with the help of the Clerk of the Court were sorted out.

But DAVENPORT had switched off the electric and had changed the locks whilst employing staff who were drawing the dole to help him allow fly tipping on my land.

After I had heard the usual evasion of the truth and shouts of almost, "liar, liar, your pants are on fire", Her Majesty's Representative, as prosecutor believed be also from 9 Park Place Chambers, Cardiff, eventually was made to release, albeit far too late, my custody record including the video made under caution that will knock this new bit of trumped up nonsense right on the head.

Yes, Mr Kirk must be allowed to live at the flat, the court heard and what of the squatter in the shop below, was my reply?

At the end of proceedings I felt it only appropriate to recommend that the Madam Clerk of the Court to be o0ffered a position as an inquisitional judge, as under the laws of Code Napoleon in a court somewhere in Brittany.

Whilst the Cardiff Cabal continues to protect the rogue police doctor and the courts appearing protect the other ring leaders behind my twenty years of purgatory whilst resisting both extreme and unusual irregularities from those in positions of privilege the Cardiff courts will continue to have my most undivided attention.

Her Majesty's representative again misled the court concerning the outstanding matter of the rogue police psychiatrist.

The Caswell Clinic psychiatrist and his Cardiff Cabal are still maintaining, three years on from the MAPPA level 3 'machine gun' acquittal, that their victim is still 'medically unfit to plead or stand trial' when it so suits but not when circumstances are not helpful for them (see The Times On Line' comment below).

Meanwhile I remain diagnosed with 'irreversible significant brain damage' and possibly cancer that caused the current Defendant, in these current civil proceedings, on 2nd December 2009 Cardiff Crown Court, to recommend, via barrister Richard Thomlow of 9 Park Place Chambers , Cardiff, to recommend that I be incarcerated in High Security Psychiatric Hospital most likely for life.

NHS (Wales), at Caswell Clinic, are reliant on not just a brain scan interpreted by someone without the appropriate qualifications after using the wrong techniques but on its supporting documentation for the Cardiff court stating I have significant brain damage because:

1. I had been an old drinking partner of actor, Oliver Reed Esq

2. I had ditched my WW2 aircraft in the Caribbean and

3. had flown all the way to Australia without a map

(Extracted from 18th Sept 2009 supporting report by Professor Rodger Wood of Swansea University e-mailed to Dr Ruth Bagshaw of Caswell Clinic prison all of which, so far, is accepted by eleven Cardiff judges)

09 09 30 INTERIM PSYCHIATRIC REPORT Oct1 2009 REDACTED.pdf

This continuing bullying by the police and causing false imprisonments, just as with their refusing to release of my own 5 page victim statement following complaint, last year, by this same Caswell Clinic psychiatrist having had me locked up in prison for weeks following his latest fanciful delusions that I had been around to his home and harassed both he and a DR JANIS HILLIER I have never even met.

The release of these 13th July 13 custody records together with the video record of my 'Defence Statement', in rebuttal to an allegation of two common assaults on DAVENPORT and another, are needed as exhibits inTuesday's County Court hearing before His Honour Judge Seys Llewellyn QC on the final day of the first three of seven damages claims listed soon for a hearing.

On that 13th July 13 I was arrested by a PC Charles......"Any relation?", I asked the court.

And by 7.30pm on 19th July I am again arrested and with hand cuffs behind my back hauled into a police car with not even the right to have a road side breath test. Hang on here, I said, it was I that asked for police officers to attend this time!

I was also arrested just a few weeks ago whilst quietly parked on private property, on the pretext of 'drink drive' but with no moving traffic offence as their excuse.

In both these 'drink drive' incidents there was significant delay for over one hour before having to provide a specimen of breath!

The 2nd delay was one hour and thirty five minutes and was deliberate for senior officers, no doubt, to be contacted to set up another conspiracy to pervert the course of justice. Remember, please, the numerous police incidents in the three current claims for damages contain three road side incidents recording positive specimen of breath taken but all zero within one hour of my arrests.

POLICE IGNORE MY COMPLAINT OF UNLAWFUL FLY TIPPING BY MARK DAVENPORT

Before

After

I am now told MARK DAVENPORT had reported me to police for fraudulently drawing up a falsely represented lease causing the severe banging on my door to occur recently and my camera to recording from my window, a 'paddy wagon' sitting patiently outside following my subsequent arrest.

Despite my repeated visits to Ely, Fairwater and Barry police stations, in an attempt to establish just what is going on and to file a statement of complaint, I am ignored.

Paranoia? Deja Vu?

175 Attempted Arrest for Fraud.docx

On Tuesday at 10.30am, in The Cardiff Civil Justice Centre, the police may need to attempt to explain away not just how on getting a positive road side breath test and back at the police station my sample of breath was zero on the definitive test but how was it my specimen of breath on the 19th July was zero when a pocket book entry should have recorded I was drinking from a wine bottle at the time of my arrest

E-MAIL TO MAGISTRATES

Maurice Kirk

13:45 (0 minutes ago)

to Cardiff.crn.cm2

Further to my suggestion of putting the sledge hammer down and using my car to break in instead......trust me, that is what I will do if the court does not immediately take appropriate action on the police in preventing my visiting the premises and the squatter, Davenport, for switching off my electricity supply, changing the lock and allowing illegal fly tipping on my land.

Be so good, please, as to inform the 19h July 13 three lay magistrates and lady clerk of the court of the current situation, also summarised on my current blog:

THE LAW AND WHAT THIS IS ALL ABOUT

Smart v The Forensic Science Service Ltd [2013] EWCA Civ 783 (02 July 2013).mht

The Cardiff judges have decided to protect the corrupt NHS (Wales) administration who , in turn, on mass. are protecting two doctors pleading 'off sick' at YOUR expense for well over a year now so neither can be summonsed to the Kirk v south Wales Police final hearing on Tuesday to explain their employment by MAPPA and NHS (Wales) following The then Chief Constable, Barbara Wilding, having failed in having me shot MAPPA level 3v victim in June 2009 when a police helicopter and Operation Orchid failed to snatch our 10 year old daughter.. Her ordering that the machine gun be painted a different colour, to fool the jury was known by the trial judge.......a further indication aod just what rwally goes on in our UK courts and one near you.

http://kirkflyingvet.com/photos/legal/_A300_100_2C00_000-Machine-Gun-Reward.aspx

I AM ENTITLED TO A REMEDY FOLLOWING THIS DOCTOR REPEATEDLY FALSIFYING EVIDENCE BEFORE CARDIFF CIVIL AND CRIMINAL COURTS AND ALWAYS PROTECTED BY SOUTH WALES POLICE WITH THEIR OWN EVIL AGENDA

DO COME ALONG TO THE TUESDAY COURT HEARING AND LEARN A LOT LOT MORE

My Telephone number:: 07907937953

My e-mail address: m aurice@kirkflyingvet.com

AND after

Test fly ( preferably with wings on)

And then test fly G-KURK to South Africa!

(Waiting at the northern most aerodrome in Japan, for two weeks, waiting for a 30 knot tail wind to get Liberty Girl to Alaska)

Not forgetting petition to be handed in on Friday, in Downing Street, re Snatched Children Petition like South Wales Police Operation Orchid on our 10 year old daughter:

http://mauricejohnkirk.wordpress.com/2013/07/21/maurice-gagged-the-unique-legal-weapon-in-uk-secret-family-courts/

13 07 22 Mr M Murphy 3^rd Witness Statement

Statement of Truth

22^nd July 2013

I, Michael Murphy of The Old Police Station, Barry, confirm that the content of this, my statement, is true to the best of my belief.

Back in the mid 90s Mr Kirk had flown over my scrap yard, situated next to Barry harbour to identify his car lying there and then reported me to the police for theft.

A neighbour had previously arranged to have Mr Kirk’s car towed off private land to the rear of his veterinary hospital in Tynewydd Road, Barry and onto the adjacent public road.

Mr Button had then telephoned me to say that I was to remove the vehicle from the public highway but was to keep it for a minimum of fourteen days.

If by then it had not been recovered by the rightful owner then I was allowed to dispose of it as I pleased.

Signed:

Keith Vaz MP & Welsh Judiciary Fudge NHS Control over their own Doctors to Block GMC Investigation

Maurice Kirk — Wed, 26 Dec 2012 10:14:00 GMT

MY BRIEF EXPLANATION FOR WELSH AUTHORITIES NHS & MAPPA EXTREME CONDUCT

Associated videos to this epic 'Flight to Australia', 'without a map', suffering 'significant brain damage' and suspect brain tumour, led to the unlawful sectioning, under the 1983 Mental Health Act, of the pilot, 'trading in machine guns', by several NHS (Wales) employees, all guarrenteed imunity to prosecution by MAPPA and eleven Cardiff Crown Court judges, sum up the plans by the Welsh Authorities for YOU or any anyone else who dares challenge the 'New World Order'.

http://www.youtube.com/watch?v=V2yLlBunsrc

http://www.youtube.com/watch?v=6JVFh-AoHiU

12 12 31 CPS Dicken re RCJ Appeal.pdf

12 12 31 IPCC Vaz.pdf

This early 'draft'was handed to my Mackenzie Friend in the 3rd May12 jury trial from wicked CPS barrister David Garath Evans who continues to produce the written over 'draft' by the eaqually wicked Judge John Charles in front of a host of my helpers in the public gallery

11 12 01 RO CPS Draft REDACTED.pdf

12 12 21 CPS Dicken RO.pdf

12 10 21 Restraining Order WitnessStatement REDACTED.doc

12 07 13 CARDIFF POLICE STATEMENT.doc,

The point is that neither the police Caswell Clinic psychiatrist nor psychologist Professor Wood are medically qualified to interpret a CT brain scan as that is the role of the neuro-radiologist who has training and qualifications so to do.

All the neuro radiologists that examined the scans contradict the psychiatrist’s findings but still he went ahead and applied that I be sectioned IPP to Ashworth, ‘imprisonment for public protection’ with the full support of MAPPA

On 2^nd December 2009 in Cardiff Crown Court the prosecution, police psychiatrist and court of were all in receipt of my privately funded specialist report faxed the day before. Only achievedm incidentally, by the quick thinking Walter Sweeney, ex MP for the Vale of Glamorgan and his lovely wife, Nuala, a leading consultant radioligist in South East Yorkshire.

No one would allow it to be referred to as seen on the transcript overlooked to be destroyed at the time.

9 12 1 medical Kemp.pdf

09 12 02 Transcript Crn Crt REDACTED.pdf

http://kirkflyingvet.com/photos/legal/_A300_100_2C00_000-Machine-Gun-Reward.aspx quickly repainted by police but failed to fool the jury

Machine Gun Indictment.pdf Carrying a Mandatory 10 year prison sentance and by now the South Wales Police had painted the machine gun a different colour to try and fool the jury

Likewise, someone stupidly forgot to 'corrupt' the tape before transcription....a common game for distorting the truth to fool the public

09 12 17 Court Hearing to Extend IPP.pdf

However, there is the built in provision in the Act that you cannot be prosecuted 'for a course of conduct' when attempting 'to prevent or detect (further ) crime'.....the very purpose of distributed WANTED posters. A further procaution was taken to get no less than severn police officers to examine the posters for adverse comment whilst they were being distributed. Of course I was refused any of them as witnesses

The CPS, on 1st December, produced various drafts of a 'Restraining Order' producing the following but still not disclosing the one now needed, of course, for the Criminal Court of Appeal, very shortly, the part hand written draft brought waved under my nose, in my cell, by that GEOamey guard, the lying little Lee Barker who's statement completely contradicted that of the only other tamed witness in a corridoe of six eager on lookers!

THE 1997 HARASSMENT ACT is a typically knee jerk written piece of legislation, of the Blair era, now being abused just to lock up those exposing the crimes going on daily in our welsh law courts.

Anticipating the continuing conduct of the Welsh courts, to protect their very own NHS's conduct in a similar manner to the way they had so far protected their police force, irrespective of the facts, I quietly lobbed into their cess pit of deceipt, rather like a Mills bomb into the mill pool for trout, a petty debt £840 claim for bus fares and time wasted, travelling backwards and forwards countless times to Caswell Clinic, when originally promised my medical records used on 2nd December 09 to have me sent to Ashworth. That claim, as predicted, to prevent the doctor having the risk of committing perjury, was settled out of court to the cost to the tax payer well in excess of £20,000.

There then followed the substantive claims before the final one due on 30th January 2013 at the hearingr to consolidate with the eight or so police claims:

10 06 07 One Million Pound Claim against NHS (Wales)_only R.pdf

12 12 04 SWP High Court Consolidation Application - REDACTED.doc

WHY IS THIS MAN 'ON THE SICK' BUT REPRESENTED BY MORGAN COLE WHO ACT FOR NHS (WALES)?

it stinks, doesn't it?

http://mauricejohnkirk.wordpress.com/2012/05/25/ipcc-receives-631-corruption-allegation-complaints-about-welsh-police-forces/

LATEST NHS & POLICE RESPONSE (Crime Reference number 62126415504 reported 16.45 hrs 28th Dec 2012)

12 12 13 NHS Rebuttal Restraining Order Variation_0001.pdf

12 12 30 MJK NHS reponse to 13th letter.doc

At my 20^th December 2012 magistrate’s application, to be able to see my South Wales doctor, this 13^th December Morgan Cole document was, without me knowing, already with both District Judge Bodfan Jenkins and CPS Mr Dicken, the latter summoned to represent Her Majesty.

All four parties, the NHS, the protected rogue doctor, scheming judge and bewildered CPS ALL blocked the progress of the case by pre arranging yet another adjournment, a game they have played now for over a year…...anything to cover up the truth.

Like wise, Bodfan Jenkins, an old hand at perverting the course of justice, held back the clerk of the court’s notes of the May 12 ‘shooting walking stick’ hearing following my repeated attempts to have my totally legal property returned by the police following their 2009 ‘machine gun’ house raid fiasco.

The case was adjourned, far too embarrassing for a public arena. My medical care will have wait until their conclusion at 22^nd January hearing!!!…….. come, witness and inhale their stench

The ‘walking stick shot gun case lingers on a ‘case stated’ application forcing the same judge to release the court’s notes indicating it had statements from both police and my then wife , none of which I knew about during the 2010 ‘machine gun’ jury trial, indicating a conspiracy to pervert the course of justice

So what? The South Wales Police are past masters at distorting the truth.

Letter to GMC:

I emphasize that in writing my psychiatric reports Dr ******** was unduly influenced by the South Wales Police to report that I was suffering mental health problems resulting from ‘significant’ brain damage and that in coming to such a conclusion Dr ******** deliberately ignored reports from properly qualified radiologists stating that my brain scan was normal for a man of my age.

Instead the doctor sought out the advice of a clinical psychologist researcher who was not qualified to interpret such scans (and who was not made aware of the radiologists reports) and then moved beyond even this advice to tell numerous courts on the basis of no evidence whatsoever that I had suspected brain cancer.

Maurice J Kirk BVSc

enclosed

09 08 28 SPECT & MRI Scans.pdf

None of these named three Caswell Clinic and Princess of Wales doctors were allowed in any of my Harassment or Restraining Order hearing

Caswell Clinic Medical Records Leak REDACTED rcds

Caswell Clinic Medical Records Leak REDACTED.pdf

BRISTOL RADIO INTERVIEW

http://bcfm.org.uk/category/shows/dialect-radio

[DOWNLOAD & skip first 4min 30 sec of this 14th Dec 12 Broadcast]

NEXT Bristol Broadcast shortly.......if not 'pulled'

None of these named three Caswell Clinic and Princess of Wales doctors were allowed in any of my Harassment or Restraining Order hearings

09 12 02 Transcript Crn Crt REDACTED.pdf

09 09 30 INTERIM PSYCHIATRIC REPORT Oct1 2009 REDACTED.pdf

10 10 17 GMC Wales complaint REDACTED.doc

12 09 19 GMC Briefing REDACTED.pdf

09 09 03 MG Trans Redacted.pdf

11 01 05 GMC close to Mr Kirk.doc

http://www.gmc-uk.org/concerns/making_a_complaint/3841.asp

03 07 23 HM Attorney General Steps In.pdf

As the Cardiff Cabal dictate the instructions to your own lawyer's and whose turn it is to win, in the stench of their courts, this further futile jesture may amuse or annoy the occasional reader?

Hearing date 30th January 2013

12 12 04 SWP High Court Consolidation Application REDACTED.doc

The three month trial, for first three of eight or nine Actions against the South Wales Police, starts on 18th February all based on police being allowed to refuse to disclose their records and identity of all witnesses at each of the forty odd incidents of police bullying.

I started this retaliation 20 years ago in Bristolbut then transferred to Wales where the first thing the little bast**ds did was to refuse me a jury.

Each time the trial was listed, ever since, the same bunch of evil Welsh had me locked me up, for months at a time, on a string of fabricated charges dependant, of course, on a string of very corrupt judges in both Cardiff Crown and magistrates courts and wicked forensic psychiatrist

SCHEDULE SWP FINAL.pdf

and a wee missive from down under.......

Dear Fellow Freedom Fighters,

PANACEA is "an answer or solution for all problems or difficulties ... via Latin from Greek panakeia healing everything, from pan all + akēs remedy".and that's certainly the case for all our problems and injustices here in Australia (& Old South Wales) where we are regarded as Slaves by the Thieves and Traitors, ie: the Banks and Judges, who rule our country because of our ignorance of MAGNA CARTA and gutlessness to fight the evil-doers.When MAGNA CARTA says: "No free man shall be taken indeed imprisoned, or exiled or outlawed, or dispossessed or destroyed in any way, nor shall we pass over him nor send over him unless by the lawful judgment of his equals which is the law of the land", and the Thieves and Traitors continue to steal and kill and destroy unimpeded, then Hosea 4: 6 is 100% correct by saying "People are destroyed for the lack of knowledge".Thomas Jefferson said, "If the people do not know how to govern themselves, then educate them"..... which brings me to the attachment annexed hereto and called "COURTS ARE GOVERNMENT".Robert Balgarnie of Inverell, told me years ago, "We're living in a 5-star prison" and "Nothing is going to change because we're no hurting enough, yet".Educating the People of Australia is a difficult task .. especially against all the lies and propaganda the Thieves and Traitors churn out.It's going to take M-O-N-E-Y........ BIG M-O-N-E-Y.Does anyone know of a PHILANTHROPIC PATRIOT ....... anyone?????If there is such a MAN or WOMAN, perhaps they might like to read the "AIMS and OBJECTIVES" of the AUSTRALIAN COMMON LAW PARTY at http://www.rightsandwrong.com.au/pdf/ACLP%20Constitution001.pdf saying: “3.1 To ensure that the Commonwealth of Australia remains a Common Law Jurisdiction with Sovereignty belonging to the Australian People who will always be able to exercise their inalienable Right to Trial by Jury in Australian Courts for the administration of Justice, the advancement of Truth, the effective implementation of Democracy and the preservation of Liberty. 3.2 To seek the teaching of the fundamental principles of Common Law throughout the schools and universities of Australia that Common Law is indeed the Law of the People, by the People and for the People. 3.3 To ensure that Grand Juries operate for the investigation of serious offences and of the maladministration of government and the finding of true Bills of Indictment to go to Petit Juries who will judge the facts and the laws presented to them in those particular actions and that Grand and Petit Juries be unimpeded in their inquisitorial role and the full execution of their authority to question and call for witnesses and to determine the admissibility of evidence.3.4 To endorse and support candidates for election to all levels of government in Australia in order to achieve the above Aims and Objectives.”Politicians are either ego-trippers or stooges for the "vested interest groups" (to put it politely).... and our Parliaments are definitely not acting in our best interests, in the spirit of "For we are young and free".Therefore, there is an URGENT and DESPERATE NEED to put these characters in their place. Unless we can firmly establish DEMOCRACY OVER BUREAUCRACY, ie: the PEOPLE having SOVEREIGNTY, then we really are NOTHING but SLAVES and we commit our CHILDREN to that ever-worsening state. Yours sincerely,John Wilson.Chairman, Australian Common Law Party. PS: SUPPORT & FINANCIAL CONTRIBUTIONS: Firstly, there’s no better way to pitch in than to join the Party. There are no Membership Fees. See: http://www.rightsandwrong.com.au/html/aclp.html Secondly, spread the word that the AUSTRALIAN COMMON LAW PARTY is now upon the scene. The word is: solutions to all our problems lie within ourselves. Thirdly, send donations to the BENDIGO BANK, 198 Macquarie Street, Parramatta, NSW 2150, Australia, where our account is: Account name: AUSTRALIAN COMMON LAW PARTY. BSB: 633-000 and Account number: 143521896. For overseas deposits SWIFT No./Code: BENDAU 3B.

http://victims-unite.net/our-cases-as-stories/violent-physical-attacks/maurice-kirk/

http://www.blogtalkradio.com/lnmrn/2012/12/28/the-horokane-hour-hosted-by-dr-len-

Michael Docherty's US interview on 'Harassment Act' remakably 'deja vu'!!!!!

Cardiff County Court Hearing re Doctor 30^th January 2013

There is an outstanding civil damages claim surrounding police operation, ‘Operation Chalice’ and a ‘machine gun’ I once owned attached to my aircraft. The armed police raid, backed by helicopter, on the marital home on 22^nd June 2009, marked the date of our marital separation. Witnesses present are reluctant to disclose any information always needed. That includes witness identification, copy of all statements taken and substance of all conversations and how and when the house search was carried out etc My daughter was again at risk, under police code name ‘Operation Orchid’, to ‘snatch her by Social Services. It is MAPPA and a rogue forensic psychiatrist that caused, if you wish to believe a word of it, added reasons given and accepted in court, as to why I was not to be released for nearly eight months and in return sectioned under the 1983 Mental Health Act.

Cardiff Magistrates Court Proceedings Buried

The case relates to a purported ‘shooting walking stick shot gun’ obtained by the police, nearly a year later, from the marital home, during my January 2010 ‘machine gun’ trial at Cardiff but with no witness statements taken. None of this information came to my notice until three years later and only by my court applications to make the police disclose relevant evidence.

Application to Vary Restraining Order continues 22nd January 2013.....as farcical as the previous nonsense

MEAN WHILE THIS IS IGNORED

IPCC Refs 2099/0116588 & 2012/001471

Cardiff Wales

CF3 5EA

5th November 2012

Dear Sir,

Re More South Wales Police Bullying

Further to my ongoing complaint please note the latest complaints, enclosed, of at least several more examples of criminal conduct being occasioned:

South Wales Police cross to England to influence a witness that has caused my name being removed from the veterinary register and receive a criminal conviction.

Enclosed website blog with one 27th Oct 12 statement agreed and signed by Christopher Paul ALEXANDER originally MR EBBS and witnessed by several people.

. 2nd Nov 2010 conviction of common assault fabricated to use to oppose bail over a two year period only for it to be then withdrawn police never ever having intended to fight my appeal as the two year use of successfully opposing my bail had served its purpose..

Enclosed as a summary from my current website blog simply to indicate the extreme length Cardiff judges are now actively supporting their own police force’s criminal conduct

False imprisonment re 2^nd allegation of Breach of a Restraining Order from approx 21st Sept 2012 imprisonment for nearly 3 months on evidence later withdrawn as the police knew full well my action to fax a pre action protocol draft witness summons to Caswell Clinic was lawful.

My request for the MAPPA fabricated withheld medical evidence, used by police, CPS and rogue doctor, to apply for my transfer to Ashworth Psychiatric prison on 2nd Dec 2009, requires immediate disclosure in order I may apply to be put back on the veterinary register and for me to be eligible to update my professional flying licences.

Please do not allow this new evidence slow down you outstanding investigations of 'shoot to kill policy, 'machine gun' malicious prosecution and the falsification and maladministration of my being registered a MAPPA level 3 victim. Just when will you instruct an outside police force?

Maurice J Kirk BVSc

Maurice 'Burnt Out' and Needs Your Help!

Maurice Kirk — Tue, 29 May 2012 14:34:00 GMT

Please, anyone, have a quick look at the enclosed draft appeal to the Criminal Court of Appeal, London and suggest improvements as it has to be deposited there by this Friday's dead line.

It is far too dangerous to enter Wales and deposit it at Cardiff Crown Court , as procedure dictates, because I run the risk of yet another jail term. Last time I did a Derrick Hassan who supplied falsified forensic police evidence to have me sectioned under the 1983 Mental Health Act , for Broadmoor, puched me down the court steps and broke my leg.

http://kirkflyingvet.com/files/folders/south_wales_police/entry1467.aspx

Keith Vaz MP takes up interest in South Wales' IPCC conduct over falsification of forensic evidence in Cardiff Crown Courts

http://kirkflyingvet.com/photos/legal/Machine-Gun.aspx

Photo of my leaving Cardiff Magistrates, in hand cuffs, by narked South Wales Police, on 1st December 2011, with no knowledge of any existance of a 'restraining order but beaten up by GEOamey Custodial Services just minutes before. all caught on video the judge, Mr Curran, refused to be made shown to the 4th May12 jury in Cardiff Crown Court.

http://kirkflyingvet.com/photos/legal/Evil-Cardiff-Magistrates.aspx

Cardiff Cabal are so embarassed this incident, leading to my arrest, has been tranferred to Bristol Crown Court for trial, for fear of the publicity

Can anyone, please, cross the bridge to Cardiff and deliver it, with the court forms, on my behalf, before 4pm Friday, 1st June2012?

I am currently in Bristol and can deliver docs to anyone who can help.....thankyou

But I need help to improve the document as I cannot remember much of what was said during the numerous trials that have kept me locked up since most of the last eight months

tel 07907937953 maurice@kirkflyingvet.com

http://www.channel4.com/news/police-corruption-trial-collapses

His Honour Judge Patrick's Section 39 Order Restricts the publication of more details ...Re Musa trial

so be there!

I hope to be in London, until Friday, while I attend:

the Nigerian seven snatched children, by Haringey Council, a scandalous affair, at Wood Green Crown Court, while their parents remain in prison facing deportation..

http://kirkflyingvet.com/files/folders/south_wales_police/entry1450.aspx

DRAFT GROUNDS

IN THE COURT OF APPEAL

(CRIMINAL DIVISION)

THE QUEEN

- v -

MAURICE JOHN KIRK

____________________________

GROUNDS OF APPEAL

______________________________

AGAINST CONVICTION

"REAL POSSIBILITY" OF ACTUAL AND/OR PERCEIVED PREJUDICE AND/OR BIAS OF HIS HONOUR JUDGE CURRAN

1. His Honour Judge Curran ought to have recused himself from presiding over the trial of the Appellant as he had previously stayed the Appellant's application to the Cardiff Administrative Court for Judicial Review of the Appellant's appeal at Cardiff Crown Court, Case A20110290, on 1^st March 2012 and his conviction and sentance of harassment, contrary to the Section 2 of Protection from Harassment Act 1997, at Cardiff Magistrates Court, on 1st December 2011, the subject of the Restraining Order allegedly breached in this present case.

2. Whilst accepting that the issues of fact in the trial were for the jury, His Honour Judge Curran made a number of rulings that erred in law similar if not identical to those by both District Judge John Charles, at Cardiff Magistrates and his Honour Judge PD Hughes QC, in its appeal, at Cardiff Crown Court.

3. Subsequently, failed disclosure of evidence, by way of court and custody documents and cctv footage, all under the control of the South Wales Police, caused the Appellant, in each of these court cases, compounded the reasons for refusal of access to his own legal papers in both court and prison and be given any facilities, at all, to either interview or call his own witnesses.

4. All prosecution witnesses, in the two previous above mentioned trials, were prevented from being cross examined by the Claimant while the main witness, a doctor, in the jury trial, subject to this appeal, was denied the Claimant's required examination or cross examination, contrary to His Honour Judge Curran QC's 22^nd February 2012 Court Order.

5. This was further compounded following, first by the failure to attend of the court instructed barrister, to cross examine the witness(es) ‘on the Appellant's behalf ', under Section 36 of Youth and Justice and Criminal Evidence Act 1999 and following His Honour Judge Hugh Davies QC's April 2012 Court Order that caused this main prosecution witness to be removed from the witness list, as irrelevant and so facilitate the Appellant's immediate release from prison.

6. For the prosecution barrister, on 2^nd May 2012, to then open the prosecution's case by stating, before the jury and the trial judge, that the South Wales Police had ‘just decided' not to now call the doctor to give evidence, was nothing short of a criminal offence.

7. For the Appellant then not to be allowed to call this already empanelled prosecution witness, being ‘anybody's property', as his psychiatrist, expert witness and/or witness of fact and/or as his character witness, was a further abuse.

8. Before His Honour Judge Hugh Davies QC the prosecution had admitted it was only by the citing of this same witness, in all these three hearings, 2009 WW1Machine Gun trial and numerously related other summary hearings, by the South Wales Police, that the Crown Prosecution Service had been able to be successful, for the South Wales Police, to oppose the Appellant's preparation of both his civil and criminal cases, against the Chief Constable, out of custody, since 8am 22^nd June 2009.

9. By April 2012 the Appellant had almost served the pre arranged prison sentence of nine months, in any event, when bail would have been granted, by His Honour Judge Hugh Davies QC, had the Appellant been so stupidly minded as to apply.

10. There was a "real possibility" of actual and/or perceived bias, as a result of His Honour Judge Curran presiding over the Appellant's trial, when the learned Judge had already stayed the Appellant's application for permission to apply for Judicial Review of the dismissal of his appeal against conviction, on 2 March 2012, relating to the conviction in respect of which the Restraining Order, imposed by Cardiff Magistrates', which was alleged to have been now breached.

11. The certificate of conviction, at last released to the Appellant by HM Court and Tribunals Service, states the 1^st or 9^th December 2011 dated Restraining Order was dependent upon the conviction for a breach in Section 2 of the said Act but Prosecution Exhibit 1 indicates the ‘served order' on the Appellant was that from a Section 4 Restraining Order dated 8^th December 2011.

12. His Honour's failure to conduct a ‘Vue de Justice' with the jury, following the custody officers in the both courts, employed by GEOamey Custody Services Ltd, confiscation of the Appellant's scale drawings of the Cardiff magistrates custody suite, where the alleged offence took place was an abuse in law.

13. His Honour's failure to grant an adjournment for medical attention or even access to his medication in the cells below, following GEOamey Custody Services' vicious assaults upon the Appellant, both on 1^st December 2011 and 4^th April 2012, was an abuse of process.

14. His Honour's failure to allow the Appellant sight of all the prosecution exhibits, eg website blog of 4^th December 2011 on http://www.kirkflyingvet.com/, on arrest, before caution and/or during the trial and sight of various jury ‘notes', passed to His Honour, following the Appellant's suggestion, in the course of the trial, was also wrong in law.

15. His Honour's failure to ever allow the Appellant sight of the original or sight of a certified true copy, of the Restraining Order, allegedly served on him, was also wrong in law.

16. His Honour's failure to order HM Prison, Cardiff to release the Appellant's legal papers and posted in court exhibits by his Mackenzie Friend, allow him proper access to facilities, in order to conduct is defence did nothing but to compound his difficulties and were further breaches in his rights under the Rule of Law.

17. In the alternative, at the appropriate time, His Honour failed to properly consider granting bail, out of custody, in the light of these apparent extreme and unusual circumstances, unable to find local legal representation, as was indicated by His Honour Judge Hugh Davies QC, on 7^th April 2012, in Cardiff Crown Court and by His Honour Judge Lambert in Bristol Crown Court, during an apparent application for bail well outside South Wales.

18. The Appellant therefore had an unfair trial and/or the said trial took place in breach of article 6(1) of the ECHR as incorporated by schedule 1 of the Human Rights Act 1998.

"REAL POSSIBILITY" OF ACTUAL AND/OR PERCEIVED PREJUDICE AND/OR BIAS OF MR DAVID GARETH EVANS OF COUNSEL PROSECUTING FOR THE SOUTH WALES POLICE

1. Mr. David Gareth Evans of counsel ought not to have prosecuted the case against the Appellant as he was a potential prosecution or defence witness relating to the drawing up and purported ‘service of a ‘Restraining Order' signed? by District Judge Charles at Cardiff Magistrates' Court on 1^st December 2011.

2. An approach by the Appellant's Mackenzie Friend caused the CPS barrister to produce another version of Prosecution Exhibit One, ‘Restraining Order', not date stamped by the court. Prosecution Exhibit One included the court date stamp 9^th Dec 2011.

3. The prosecution barrister admitted, before the jury, a ‘draught' Restraining Order did still exist and was ordered to produce it, by the following day, by His Honour Judge John Curran.

4. There was discussion, quite wrongly before the jury, as to whether Mr. Evans would be called as a witness relating to the ‘drawing up' of the ‘Restraining Order and he indicated to His Honour Judge Curran that he would have to "seek advice from his professional body the Bar Council for England and Wales".

5. The court heard no more so the Appellant called him as a defence witness and was refused.

6. The Appellant was refused an adjournment in the light of late prosecution disclosure of relevant evidence germane to the original 1^st December 2011 conviction, upon which the Restraining Order relied.

7. Further evidence to support, unavailable in the time frame available, was the ‘contemporaneous note' made by the Appellant's solicitor of his client's memory of events on the 1^st December 2011, on 22^nd December2011, just two days before the Appellant's arrest and subsequent incarceration.

8. HM Cardiff prison's governors denied the Appellant proper client/solicitor/witness access, his access to his own funds for the defence or provide proper service of his letters/faxes/e-mails and telephone calls, to and from his solicitor, helpers or proposed witnesses controlled by MAPPA.

9. An issue had therefore arisen in the case as to what documents were allegedly served on the Appellant relating to the Restraining Order and as to whether one had been served as handwritten by District Judge Charles as there had been evidence adduced before the jury by way of unsworn submissions by Mr. Evans and by sworn evidence from those in the public gallery, that the former had handed up a draft of the proposed Restraining Order to District Charles for approval and that District Charles had written comments on it in order stating he withed to make the Restraining Order stronger (change to a Section 4 Order, ‘fear of violence').

10. There was a "real possibility" of actual and/or perceived bias as a result of Mr. Evans prosecuting the case, when he had made oral submissions to His Honour Judge Curran which were in effect the giving of evidence which was unsworn and in respect of which the Appellant was unable to challenge by way of cross-examine.

11. In fact the Appellant had been absent in the cells at Cardiff Magistrates' Court when the issue of the ‘Restraining Order' had been discussed by Mr. Evans with District Judge Charles on 1^st December 2011.

12. In addition, the relevant exchanges between Mr. Evans as prosecutor and His Honour Judge Curran were heard in the presence of the jury when they should have been ordered to retire, causing prejudice and bias in the Appellant's case.

The jury specifically asked for sight of the original, not copy, of both the GEOamey Custodial Services custody and clerk of the court's log and contemporaneous notes of evidence but the judge indicated, in the absence of the Appellant, that they were not relevant.

14 The Appellant therefore had an unfair trial and/or the said trial took place in breach of article 6(1) of the ECHR as incorporated by schedule 1 of the Human Rights Act 1998.

LACK OF DISCLOSURE IN RESPECT OF THE APPELLANT

1. The prosecution failed to supply to the Appellant the complete log with handwritten notes and annotations of the custody records and cctv footage, kept by GEOamey Custodial Services, that had been in charge of security in the cells at Cardiff Magistrates' Court and also the notes made by Mr. Michael Williams, the Clerk of the Court and others at Cardiff Magistrates' Court.

2. Further, it emerged on 3 May 2012, during the trial that Mr. Evans was appearing in for the prosecution, he had handed up a draft of the ‘Restraining Order' to District Judge Charles on 1^st December 2011 and the learned District Judge had made handwritten additions to it with suggestions for making it stronger to be one under Section 4 of the Act.

3. There was an issue in the trial as to exactly which version of the ‘Restraining Order' had actually been served on the Appellant in the cells by the Security Officer Mr. Leigh Barker and so the existence of the copy of the ‘Restraining Order' with the handwritten additions made by District Judge Charles became an issue as the Appellant wished the jury to see it.

4. At the conclusion of the proceedings, on 3 May 2012, His Honour Judge Curran enquired as to the whereabouts of the version of the Restraining Order with the handwritten additional made by District Judge Charles and was told by Mr. Evans that it was at the CPS Headquarters in the Appellant's case file at Merthyr Tydfil.

5. Although His Honour Judge Curran directed that it be produced at the resumption of the proceedings, on 4 May 2012, only a computer print out of the amended restraining Order was produced and the jury was deprived of seeing either the original version with the handwritten additions, made by District Judge Charles or a certified true copy of the original 1^st December 2011 Restraining Order made on some date between 1^st and 9^th December 2011.

6. The Appellant had also again sought disclosure of the notes made by Mr. Michael Williams, the Clerk of the Court at Cardiff Magistrates' Court at the commencement of the proceedings, on 4 May 2012 but no order or any determination was made by His Honour Judge Curran for their production, instead, in the absence of the Appellant, informing the jury they, along with the prison and GEOmey Custodial Services records were not relevant.

7. Prior to trial His Honour knew the Appellant had received correspondence from Cardiff Magistrates stating he was not entitled to any court record other than the certificate of conviction for this and some currently seven ongoing summary cases, different but all related to this current appeal.

8. The Appellant therefore had an unfair trial and/or the said trial took place in breach of article 6(1) of the ECHR as incorporated by schedule 1 of the Human Rights Act 1998.

CASE SHOULD HAVE BEEN WITHDRAWN FROM CONSIDERATION BY THE JURY

1. Although the Appellant didn't make any submissions of ‘no case to answer', after the close of the prosecution's case, His Honour Judge Curran should have withdrawn the case from the jury on the grounds that the evidence as it then stood, relating to the alleged service of the Restraining Order on the Appellant in the cell number three of Cardiff Magistrates' Court, on 1^st December 2011, was so unreliable that no jury properly directed could convict on that evidence.

2. Conflicting evidence had been given between the Clerk of the Court, Mr. Michael Williams and the Security Officer, Mr. Leigh Barker as to whether the Appellant had been serviced in one of the cells or in the corridor of the cell area below the Magistrates, whether he had been served with one or two separate documents, if at all and when put alongside their original but conflicting police witness statements, it is the Appellant's submission, that for this case to have even reached a jury was an abuse of process fueled by vengeance.

3. In addition, Mr. Barker had given evidence that he had read "Restraining Order" at the top of the document, that he had stated in evidence he had given to the Appellant but didn't give any evidence that the Appellant's name was on the document or that he had read the Appellant's name on the document in question.

4. There was a serious risk of doubt regarding the alleged service of the ‘Restraining Order' on the Appellant in the cell area of Cardiff Magistrates' Court by Mr. Barker on the Appellant.

5. In the premises, the Appellant's conviction is thereby rendered "unsafe" under section 2(1)(a) of the Criminal Appeal Act 1968.

IN THE COURT OF APPEAL

(CRIMINAL DIVISION)

THE QUEEN

- v -

MAURICE JOHN KIRK

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GROUNDS OF APPEAL

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49 Tynewydd Road, (for sale, 'cheap, cheap')

Barry,

CF62 8AZ