Legal Battles : Dr Bruce Fergusson

RCJ Critical of Cardiff Crown Court Practices

Maurice Kirk — Thu, 11 Feb 2016 08:19:00 GMT

http://swarb.co.uk/kirk-regina-on-the-application-of-v-cardiff-crown-court-and-others-admn-21-jan-2015/ ,,,,,,,,, http://www.lawgazette.co.uk/crown-court-breached-open-justice-with-note-taking-ban/5053531 ....................http://www.pressgazette.co.uk/government-agency-forced-intervene-after-reporter-was-barred-taking-notes-magistrates-court-first Malfeasance in a Public Office? Various Welsh Criminal Court Anomalies before The Royal Courts of Justice ................. See also further detail on both MAURICEJOHNKIRK.WORDPRESS.COM & FACE BOOK web sites............ Thomas Crowther (judge) – Wikipedia, the free encyclopedia , http://www.barryanddistrictnews.co.uk/news/5000624.Barry_s__Flying_Vet__Maurice_Kirk_cleared_of_firearms_charges/ . Still more wheel nuts are coming dangerously loose on HM Partnership’s ‘gravy train’ following today’s Royal Courts of Justice ruling, handed down by Lord Justice Burnett and Mr Justice Sweeney, meaning ‘Code Napoleon’ may be here quicker than you think? . , Blatant denial in Wales, for mere mortals in their public gallery or one of Cardiff’s bullet/sound proof docks, to take notes of evidence on behalf of the police victim, is over. . . This means Her Majesty’s subjects, in Wales now, may shortly also have access to what lawyers have always had – access to hear the court tapes( CDs)-during and after trials. BUT His Lordship distinctly stated that I would continue, for the time being at least, to pay the “modest fee” charged for the transcript and things appeared different in Wales. . . In this particular Judicial Review, my 64th, it cost me over £1,200 which caused an amusing interlude in such a bizarre environment when finding myself opposing an ex Taunton School prefect, Mr Douglas-Jones QC, the CPS barrister for the Welsh Police, no less, despite being already ‘dead in the water’ fighting, rather well, a rear guard action of opposing my return of my transcript fees when reliant on undisclosed evidence of my apparent ‘conduct’ in the court below. . . Having been refused the right to apply for legal aid, eye witnesses, disclosure of custody records, the three prison officers who saw me arrest Mr Rogan in Cardiff prison, for withholding my passport on police orders, copy from any one of the seven CCTV cameras also recording the very hilarious event, my ‘conduct’ in the court below was just routine. . . I Cardiff criminal courts you are invariably denied your legal papers in the court room and if a prisoner you are not even allowed to take them off the prison wing. . . That day, in Cardiff’s Crown Court, before HHJ Crowther QC, I could neither see nor hear much of what was going as my hearing aid had been pinched from my cell, my glasses secreted in in my legal papers, at the foot of the court stairs, hoping to get at the file and compounded by the discomfort from temporary haemorrhoids caused by so much legal data having to be regularly stuffed up my rectum. . . I was was quickly stopped, more than once, by Their Lordships from enquiring as to what evidence of so called prisoner ‘conduct’ did the CPS refer and by whom did this HM barrister obtain such allegations if not from the South Wales Police? A touch of the re run, I thought, of Downing Street’s HM Privy Council/ RCVS Deja vu? This will be the next HM ‘cosey relationship’ within our South Wales Police/HM Judges/HM Crown Prosecution Service/HM Court and Tribunal Service needing to be quashed AND maybe, without even the need to cross the Severn Bridge! 16 02 04 RCJ note jugment 16 02 08 note taking CO042492014-Final Order His Honour Judge Seys Llewellyn QC, in my protracted actions against the South Wales Police for over 20 years of malicious prosecutions, has granted time for the production of further evidence of: An over arching course of conduct of police misfeasance in a public office My right in exposing Barbara Wilding’s ‘shoot to kill’ intention, following her clandestine 8th June 2009 Barry police station’s meeting, to have me registered MAPPA level 3 category 3, has been thwarted by His Honour Judge Seys Llewellyn QC this week. The MAPPA meeting had consisted only of senior police management and her chief forensic psychiatrist, Dr Tegwyn Williams, with his psychiatric nurse, Ms Elizabeth Paul both of Caswell Clinic’s medium secure psychiatric unit housed in Glanrhydd Hospital, Bridgend, South Wales. The then Chief Constable had blackmailed Dr Tegwyn Williams to concoct NHS (Wales) medical reports to have her adversary in court, claiming damages, to be locked away, hopefully indefinitely, in Ashworth high security psychiatric hospital without any need for the ‘machine gun’ trial. '' . . WANTED Dr Tegwyn Williams WANTED poster ' ' Machine Gun Case one page summary ' . 14 01 23 HMP Swansea Brain Scan . . No evidence of Dr Tegwyn William s diagnosis of ‘significant brain damage’ or Crown Prosecutor Richard Thomlow’s pleading for MAPPA 3/3 victim be incarcerated in Ashworth High Security Psychiatric Hospital, with possible brain tumour, indefinitely. . . Mr Thomlow is now a Welsh judge, incidentally, which must signify the obvious while Dr Tegwyn Williams was sacked from the NHS for what he has done and now down in Christchurch, New Zealand, I last heard. . . .I have personal experiences of NZ police, in my jaunt around that great place, in Liberty Girl, that lost more per capita than any other HM King George Country in WW2, …..Yes, I was stopped by NZ police for various mischievous allegations, BUT always with a smile! I wish Dr TW and wife well as they will not be black-mailed by that police force, for sure This then flurry of mine, of futile activity ‘with authority’, was entirely my mistake on the huge assumption I would get their help, after Barbara Wilding had to falsify a court affidavit confirming FULL DISCLOSURE had been completed: MG Trigger MAPPA Restricted.

The Closing Submissions for 23 year running South Wales Police Bullying Case

Maurice Kirk — Fri, 08 May 2015 08:31:00 GMT

These documents are only a small proportion of evidence in this case as other submissions will shortly be published

13 07 16 Claimants Closing Submissions KIRK v SOUTH WALES POLICE BS 614159.pdf

13 05 28 Consolidation Application BS614159 etc.pdf

Criminal Cases Review Commission Refuse Disclosure of Musa Nigerian Snatched Children Haringay Council Restraining Order

Maurice Kirk — Mon, 27 Apr 2015 07:04:00 GMT

CCRC confirm, today, even my lawyers are not allowed magistrates' court log and clerk's notes jury asked for!!

CCRC, CPS, Cardiff HMC&TS and judge all refuse to disclose court records of my 1st Dec 2011'Harassment ' conviction

So who has the moral fibre to produce the proof of that order and MUSA Restraining Order service? (I was jailed for attempting to fly six of the kids back to Nigeria)

15 04 24 Open letter.docx

11 09 22 MUSA SNATCH KIDS BACK ORDER shr.pdf

https://vimeo.com/19402817

House for public court records

My House for Cardiff Court Records re 9 Harassment Imprisonments

Maurice Kirk — Fri, 24 Apr 2015 20:09:00 GMT

11 09 22 MUSA SNATCH KIDS BACK ORDER shr.pdf

Where is magistrates court record of this court service in my cell then?

Phone nbg try maurice@kirkflyingvet.com

The jury asked for them and was refused and I asked for them, of course, as there is no record of any restraining order ever being served on me in the cells.

CPS, polioce, judges and CCRC have them but we cannot.....does it stink?

Criminal Cases Review Commission (CCRC) appears to have washed its hands of the case.

MUSA six children snatch by Harringay Council is what it is actually all about. I was prevented from exposing the disgusting law firm, Spencer something in Kilburn High Street, stealing the legal aid whilst pretending to act before Musa parents gaoled 7 years.

I was arrested for 'failing to attend' the vital hearing for their release.....just minutes after the 'restraining order ' was attempted to be stuffed into my pocket as I was being dragged out of my cell by very irrate Geomey custody officers wanting to go home. (Cardiff prison was ordered NOT to produce me to London court).

Leaked HM Internal Memos.pdf

See house in FOR SALE

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:

7th June 13 Royal Courts of Justice Hearing Right to Tape Record and Call Defendant as Witness

Maurice Kirk — Tue, 04 Jun 2013 10:26:00 GMT

AN E-MAIL WITH NO RESPONSE

FAO Mr Justice Morgan

6^th June 2013 12.02pm

FAO Hearings Cardiff County Court                       BS614159

22nd & 23rd May2013 Claimant Position Statements Ruling

Further to my visit to the court to collect the 'by Tuesday' ruling, promised at the last day of the hearing, l have telephoned today about the Claimant being able to refer to it in RCJ on 7th June 13 as the alternative, possibly, to Barbara Wilding being the subject of the proceedings as past Chief Constable.

Her 'oh so dodgy' 25th Feb 2009 sworn affidavit was written with malice aforethought and proved in court following 99 witnesses's evidence.

There is no need for the Defendant's legal team
to attend as the tape recording issue is not for them.

If the outstanding ruling is substituted for Mr Justice Morgan to consider then compromise as to which witnesses should still be allowed to give evidence could be settled between parties NOW

Without that ruling causes me to remain in some difficulties for tomorrow's RCJ application

Please forward to RCJ as I still cannot find the RCJ ref number or e-mail.

Thankyou

28 May 2013   Further ruling on second list of witnesses whom Mr Kirk wishes to call.

On 29 April 2013, at a time when the Defendant were shortly to call their last witness, Mr Kirk delivered a written list of 44 witnesses whom he wished to call. On 1^st May 2013 I delivered a written ruling identifying which witnesses he was to be permitted to call. I did so pursuant to the responsibility upon the court to control the evidence by giving directions, and actively to case manage the case, under CPR 32.1 and CPR 1.4. In that written ruling it I set out the nature of the present proceedings; the Orders which have been made previously, setting out in particular the dates by which witness statements, or witness summaries, had been required to be served; the background from 2008 to date in respect of preparation of the present trial insofar as it permitted or impeded Mr Kirk’s ability to prepare evidence and secure witness statements or summaries; and the principles by which the court is governed in respect of the calling of witnesses. I adopt that in full for the purpose of the present ruling and I do not repeat it here.

Since then, Mr Kirk has given evidence over several days and has called 13 witnesses. By a Position Statement dated 22^nd May 2013 Mr Kirk served a further written list of some 19 named witnesses he would wish to call. I stated on 24 May that I would again give ruling in writing. This is (i) for clarity as to my reasons and (ii) for ease of access to a record of the ruling. I understand that a hearing is listed for Friday 7 June 2013 to consider permission to appeal (and/or appeal itself) against my ruling of 1 May 2013. I will in this ruling list the witnesses individually in this ruling, as I did in the last, by number and name in Mr Kirk’s list but preceded by a letter “B”, to avoid confusion, assuming that the present ruling may also be the subject of application for permission to appeal.

B1.       Ex-Inspector Coliandris. This is a former police officer. In these proceedings the Defendant gave an undertaking to call or tender any witness in respect of whom a witness statement had been lodged, so long as that was a presently serving officer and thus within the control of the Defendant; but expressly did not give that undertaking in respect of any witness who was no longer a serving police officer. I was told that Mr Coliandris was reluctant to attend court because of his state of health. I am aware that he wrote to the court himself seeking to inform the court confidentially of his state of health and his reservations, but stating that he did not want these details to be made known to Mr Kirk. I declined to read his representations so long as he wished the content of his communications to be kept from one of the parties and I so informed them. In the event Mr Coliandris was not called and the Defendant did not seek to tender his evidence, whether live or under the Civil Evidence Act.

Mr Kirk does not articulate the nature of the evidence which he believes Mr Coliandris could give. On the face of his witness statement Mr Coliandris is not a direct witness to any fact or incident in issue. He appears to have looked into complaint by Mr Kirk, without identifying relevant material evidence. If so, then this appears to be a witness whom Mr Kirk wishes to call blind, in the hope of either fishing for evidence in support of his case or simply cross-examining the witness in support of the same exercise. I have also sought to be alert to the possibility that a witness might be able to assist, as to the matters in issue, if he is referred to in documents before the court; but I have identified no such reference.

Accordingly I rule against permission to call this witness.

B2.       Ex Chief Inspector Trigg. This is in fact a renewed application – in respect of witness 15 in the ruling of 1 May 2013. No new material is advanced. The same considerations apply. Accordingly I still rule against permission to call Mr Trigg.

B3.      Mr Brian Genner. This is a witness who has given evidence in relation to the events of 6 June 1995. Mr Anthony Gafael and his girlfriend Alison Genner the daughter of this witness were excluded that day from their flat, an incident which led to prosecution of Mr Kirk, and in respect of which Mr Kirk complains that police officers forced entry through a roller shutter door to Mr Kirk’s premises. There are discrepancies between the account in the witness statement for these proceedings of Sergeant Roe (as he was in 1995) and others, including Mr Genner, as to when Roe was present or what he did. In the case of Mr Roe, Mr Kirk produced after Mr Roe’s evidence a statement of the time from Sergeant Roe which appeared clearly inconsistent with what Mr Roe had told me. I therefore permitted Mr Roe, exceptionally, to be recalled for further cross-examination. The inconsistencies have been explored in cross-examination by Mr Kirk and in questions from myself.

Mr Kirk seeks that Mr Genner be recalled also. However the evidence of Mr Genner has been given. The evidence of Anthony Gafael has now been given. If there is material in the evidence of Mr Genner (or Mr Gafael) on which Mr Kirk seeks to rely, or inconsistencies in the evidence between witnesses on which he seeks to rely, that is available in closing submissions and will be for me to consider as in any other case. Unlike Mr Roe, there is no earlier inconsistent written statement of Mr Genner relied upon (which in any event, if it had been available, ought to have been put to him), nor other proper reason for him to be recalled.

B4.       Mr Roe. He has been recalled once (see above). It would be wholly exceptional for a witness to be recalled for a second time. I have now heard evidence from Mr Gafael. However Mr Kirk identifies nothing new which would justify, and I have failed to identify anything in the evidence of Mr Gafael which would justify, recalling Mr Roe.

B5.       Ex Chief Inspector Colin Jones. Mr Kirk states that he is a “key player”. A chief reason for Mr Kirk’s interest is that at one of Mr Kirk’s appeals in the Crown Court a police officer attended as an observer, when he was seen to be nodding towards a police officer PC Rewbridge during the giving of her evidence. According to Mr Kirk, when asked to explain himself, the police officer said he was attending on instruction from Chief Inspector Colin Jones. Inferentially, Mr Kirk believes that Mr Colin Jones is, or may be, one of the senior police officers whom he passionately believes to have conspired to hound him.

As with a number of police officers whom Mr Kirk wished to call in his list of 29 April 2013, (i) there is no statement from the proposed witness (ii) it is wholly unlikely that the witness will give a statement, and (iii) there is no direct evidence of connection of the witness with the specific matters in issue in these proceedings. I consider that the real wish of Mr Kirk is to cross-examine the witness in the hope that something might turn up; but that there is no discernible prospect that such an exercise would assist the court.

B6.       Inspector Andrew Rice. Mr Kirk has submitted on a great number of occasions that Mr Rice should be recalled. Evidence has been given by a Mr Alexander-Ebbs that he attended Aust Service Station to give a witness statement, in respect of an assault he alleged against Mr Kirk, at a meeting attended by a number of persons including Mr Rice, where he was encouraged to “sex up” his account. However Mr Alexander-Ebbs was present in person at this court on 21^st February 2013 during the continued evidence of Mr Rice; gave a witness statement on that day making the allegations against Mr Rice; and these allegations were put to Mr Rice. Otherwise, Mr Kirk assets that Mr Rice must have been aware fo covert surveillance of Mr Kirk; and/or he now wonders whether it was Mr Rice whom he sought to “arrest” outside the magistrates’ court (rather than a Sergeant Hill) when handing over a file which Mr Kirk thought might contain important real evidence. In my respectful judgment there is, (and there continues to be), no justification for the recall of Mr Rice.

B7.       Inspector Steve Parry. This is in fact a renewed application – in respect of witness 43 in the ruling of 1 May 2013. No new material is advanced. The same considerations apply. Accordingly I still rule against permission to call Mr Parry.

B8.       Jonathan Clayton.   I made ruling in respect of Mr Clayton on 1 May 2013. No witness statement or witness summary has been served in respect of him. He is said to be relevant to the incident of 4 July 1999, but it is not said that he was a direct witness to any of the events of that day. If anything, there is less reason now for him to be called, in that Mr Kirk’s witness Susan Jenkins has given evidence of what is required of those flying from one airport and air traffic control zone to another; and Mr Aishe has given evidence of the closeness of the police helicopter to Mr Kirk’s aircraft I discern no sufficient or good reason for him to be called.

B9.      Ex Chief Constable Barbara Wilding. This is another renewed application – in respect of witness 2 in the ruling of 1 May 2013. Mr Kirk identifies nothing new. The same considerations apply now as did then. Accordingly I still rule against permission to call this witness.

B10.     Ex Special Constable Frank O’Brien. The position statement itself articulates no cause for him to be called. Orally, Mr Kirk said he was an important witness because he gave evidence which “caused the case [against Mr Kirk] to collapse”. I did not find it easy to follow what this evidence was supposed to be. It seemed to be that an HORT1 form was said by the police officers to have been served upon Mr Kirk, yet no document was ever traced, nor an audit trial provided for such a document, hence the case against Mr Kirk failed. However, to the extent that this is right, Mr Kirk may in any event rely upon it.

This is an incident of May 1995. in which Mr Kirk shows particular interest, in that Special Constable Deren Martin says that she served him with an HORT1 form; and has given evidence that she made enquiries with the police in Guernsey (in pursuit of whether Mr Kirk’s vehicle was or was not exempt from vehicle excise licence), being told that there was warrant for his arrest outstanding. This fuels Mr Kirk’s suspicion and belief that he was the subject of harassment by police in Wales because of his past travails with Guernsey police.

Nonetheless, it seems to me that Mr O’Brian is a paradigm case of a proposed witness from whom there is no witness statement or summary, no reason to suppose that the witness (if he can be found) will give a statement, no indication whether he would remember whether another officer served an HORT1 firm on Mr Kirk on a day 18 years ago, SC Deren Martin being the officer in the case, and one whom Mr Kirk hopes to cross-examine despite him being called as his own witness, in the hope that something might turn up. Accordingly I decline to give permission for this witness to be called.

B11.     Ex SC Ridley. Mr Kirk tells me, (if I have succeeded in following him correctly), that Mr Ridley was the investigating officer for the same incident as resulted in police photographs being taken of his vehicle (as was done for SC Deren Martin for the May 1995 incident). Similar considerations apply as with SC O’Brien. So far as I can see, this is fishing in the dark. In default of witness statement, or the beginnings of a witness summary, I cannot justify permission to call the witness.

B12.    Mrs Diana Graham. Mr Kirk asks for a “foreign witness summons”. This witness lives in France. The Claimant’s Witness Bundle includes at page 91-123 a statement, not in proper form, by this witness with associated documents. The bulk of the statement relates to the proceedings which followed the Vale of Glamorgan Show incident of August 1998, (Action 3, “2”). This is one of the claims struck out by my rulings of November 2010. Accordingly that which relates to it is not now material.

Much of the rest relates to how Mr Kirk was dealt with on occasions in court, by magistrates (and occasionally by judges, including judges in the Divisional Court), some of it clearly recording what Mr Kirk said to her and some although much less clearly being personal observation on the part of Mrs Graham. I informed the parties that I would read this statement and discard all that related to the Vale of Glamorgan Show. I do not envisage that Mrs Graham could assist me significantly further by giving evidence orally and, as I have made clear on a number of occasions, it is not permissible to call a witness in the hope that she might add something further which is not contained either in a witness statement or witness summary. Not least, if there were anything material for Mrs Graham to add, the time has long passed when such material was required to be lodged with the court. I will treat the statement as admitted in evidence, but I will make no further order.

B13.     Mr Gafael. He has now been called, since I directed steps for bailiff service of Notice to show Cause which secured his attendance on 24 May 2013.

B14.     G. Thomas. Without agreeing the content of the statement, the Defendant is content that the statement be read.   The same applies to a Mr Kirke (as to maintenance of tyres on vehicles of Mr Kirk), whom Mr Kirk raised orally on 23 May 2103 as a potential witness.

B15.    Nigel Thomas. This is in fact a renewed application – in respect of witness 30 in the ruling of 1 May 2013. No statement has been produced. No new material is advanced and the same considerations apply as before. I rule against deferment of conclusion of the evidence in order for him to be searched for and thus against permission to call Mr Thomas.

B17.     Mrs Kirstie Kirk. In the event she has been called.

B18.     Mrs G Jones. This appears not to be pursued by Mr Kirk.

B19.     Mrs J Hanson. Mr Kirk told me that he had ‘lost her statement’. In fact there is a letter from her at page 168 (Claimant’s Witness Bundle) which raises complaint about disturbance from his wayward tenants. Mr Kirk and Barry police officer witnesses whom I have heard agree the problems with alcoholism, and bad behaviour on the part of his tenants, in particular a Mr Paul Stringer and a Mr Burns. Oral evidence from Mrs Hanson, not found or available to date, is not reasonably necessary for me to deal justly with the matters in issue.

With the exception of one witness, there is no other witness whom Mr Kirk wishes to call. That exception is B16, a Michael Murphy. The Defendant made clear a considerable time ago that that it objected to reception of the evidence without the opportunity to cross-examine the witness. No witness summons was served in respect of this witness. Mr Kirk told me on Friday 24 May that he had expected the witness to be present voluntarily that day. However there was, and has been since, no communication to the court from the witness.

It is understandable that the Defendant should object to his short statement being admitted without the opportunity to cross-examine him. The statement is one compiled by Mr Kirk in September 2010, with an added signature of the witness, and in manuscript the words “content below relating to me is true to the best of belife(sic)”. It describes him as a scrap dealer previously reported for stealing a veterinary practice car back in 1996 (presumably Mr Kirk’s veterinary practice); and the police are said to have told the witness on the one hand “I want you to take it back immediately to Penarth police station, where I will later inform Kirk it has been traced” and on the other hand one of the police is said to have jumped into the scrap dealer’s cab and himself to have driven it to Penarth: the two clearly conflict. On the other hand the statement reads that the police told him “We hate Kirk’s guts” and that the policeman said he would “have the greatest of pleasure in booking Kirk when he comes to collect it and drives it away without tax, MOT or insurance”.

The failure to appear without explanation, to support the statement such as I have described it, is not a prepossessing basis to ask for the court to appoint another day of hearing. If all, or even some, of Mr Kirk’s complaints of police harassment and bad faith are upheld, on the other evidence I have heard over some 49 days, the evidence of the scrap dealer suspected of stealing the practice car in 1996 will be peripheral; if few, or none are upheld it will be improbable that the evidence of Mr Murphy would tilt the balance on any of them. The court has gone to what I consider to be extreme lengths, in order to accommodate genuine difficulties to Mr Kirk in preparing his case, and those which are of his own making; and has granted great latitude to him in calling witnesses despite failure to serve statements in the form and by the dates stipulated. Applying the overriding objective of dealing with cases justly and proportionately, I do not consider it reasonably necessary that the court should appoint another day for hearing of evidence in the case of this witness.

28 May 2013.                                      His Honour Judge Seys Llewellyn, QC

Appellants’ Skeleton Argument for Mr Justice Morgan              BS416159

(Late due to the Appellant waiting for the written rulings of his last applications before Cardiff County Court in time to appeal at Royal Courts of Justice and without it am unable to adequately comment on the Respondent’s skeleton argument with errors and huge assumptions)

There are but three issues for His Lordship to consider,

1)    the right for the Claimant to have the Defendant(s) give evidence in the light of the apparent criminal intent born out both in evidence and contained within the paragraphs of the Chief Constable’s 25^th February 2009 sworn affidavit in another attempt to avoid disclosure of relevant evidence under his/her control since 1992 to date

2)    the right for the Claimant to have senior police officers, identified both before and during the trial, to give evidence or to be recalled, with or without witness statements, concerning their apparent course of conduct to both prejudice the Claimant’s health and his basic right to bring a claim for civil damages in the first place

3)    for the Claimant or his legal representatives to only tape record evidence given on oath, under the strict supervision of the court and/or to be supplied with an audible copy of court proceedings as is allowed all over the world nowadays, including in England.

Witnesses

The Claimant’s right to call both a competent and compellable witness when, by law, a witness is ‘anybody’s property’ and especially, as in this case of these first three of nine Actions for damages against the South Wales Police, one Defendant, as the example, has been identified as signing her own 2009 affidavit (attached) knowing or ought to have known it to be riddled with lies and supports the Appellant’s argument that the Defendant has carried out a course of conduct tantamount to both unusual and extreme bullying with criminal intent.

Analysis of 25^th February 2009 Barbara Wilding Affidavit:

18.   para 8.23

Another traffic incident and a Barry court case was born out in evidence making her denial there ever was one another of her lies to bury the truth of a clear conspiracy to pervert the course of justice. The lengths to which key players, mostly senior police officers, have been protected in these civil proceedings, is scandalous.

19.   para 8.26 as per paragraph 13

20.   para 8.13

The incident when my Guernsey registered BMW motorcycle was stolen while her covert surveillance police were at the scene, my Barry veterinary Hospital, when the theft took place, makes her denial the police removed the number plate, on recovery, just one more of her lies.

2^nd Action

23.   para 5.1

The incident of her officers falsifying Barry magistrates evidence by trying to ‘frame me’ for someone else’s speeding offence was proved in court with the subsequent arrest of the lawyer and seizure of the Crown Prosecution Service’s file makes her denial there ever was an incident or a court case one more of her lies.

The fact that Dolmans, solicitors, admit CPS prosecutor, Stan Soffa, did not wish to be called as her defence witness beggars belief and anyway, who’s counting the incidents committed by the police?

27. to 29   para 10.1

First arrested for the theft of a car I had already reported as stolen, they having confiscated it and deliberately not told me where it was, just like with my Guernsey registered BMW motorcycle and Honda van, secondly, stopped for speeding and faulty exhaust and then, ten or so minutes later, stopped on some fabrication, to breathalyse, embarrassingly overlooked by the previous officers.

3^rd Action

32.

Her throw away comment of ‘antiquity’ being her excuse of failed disclosure is both insulting and typically arrogant. From 1993 onwards my English solicitors, me or my secretaries would follow up each incident with requests for either disclosure or to preserve their records.

Adrian Oliver drafted her document being a party to the fanciful plan to prejudice these civil proceedings by arresting me for trading in machine guns, carrying a mandatory ten year prison term. Caswell Clinic convened my MAPPA level 3 hearings to have me further incarcerated in Ashworth High Security Psychiatric Prison but only using their rogue NHS (Wales) psychiatrist promised GMC protection for whatever he said in a Welsh court room.

These following 22^nd and 23^rd May13 Position Statements were subject to appeal to the High Court but have not been adjudicated upon in time, at the Cardiff County Court, for this 7^th June 2013 Royal Courts of Justice Hearing

That coupled with his Lordship’s Order suggesting that this Claimant ‘may or may not be appealing earlier rulings’ over witnesses causes the court to be reminded that this hearing ought to be adjourned for all the reasons set out in the Appellant’s 28^th May Application (attached at the bottom)

22^nd May 13 Claimant Position Statement

1.      The Claimant asks His Honour to consider whether it is fitting that the Defendant be asked to more formally clarify their position on some points that at first may seem unrelated but have a common theme of legal argument around :-

a.       Whether the Claimant should be allowed to amend any of his Claims ‘out of time’.

b.      Be allowed the issue of exemplary and/or aggravated damages to be considered.

c.       Will the Defendants ever stop ‘actually harassing’ the Claimant as for example of in recent times by police using and sending to other police forces information to lead other police forces and other public sector departments to view the Claimant prejudicially by leading them to believe that the Claimant is delusional.

d.      By the Defendant disseminating information to say the Claimant is delusional either that means what they say is untrue and the Defendant refuse to stop harassing the Claimant and may affect the level of damages

e.       Or if what the Defendant disseminates is true then being delusional is a condition which allows the Claimant to be eligible to amend the Claims before the court that are ‘out of time’ by the time limitation period.

2.      The Claimant raises the issues from reading page 198 point 13.40 and related sections of A Practical Approach to Civil Procedure by Stuart Sime, twelfth edition (2009) that says that Judicial reasoning can be that Claims can usually be amended but that an amendment is treated as a new claim and cannot be brought out of time. However page 101 gives explanation on point 7.40 that a Claim (and therefore an amendment to a Claim) can be brought ‘out of time’ if the Claimant had a mental disability at the time the new Claim accrued.

3.      As the Defendant, in recent years, persistently disseminates information about the Claimant, as being delusional, then that means the Claimant may apply to the Court to amend the Claims that accrued when he was delusional.

4.      If the information, disseminated by the Defendant, is not true then that may be relevant exemplary and aggravated damages and even amount to defamation.

5.      If the information that the Defendant disseminates about the Claimant, being delusional, is untrue then the Claimant asks that a statement is made as to when the Defendant will stop disseminating this untrue defamatory information and how it will go about achieving that as well as the Defendants withdrawing what they have sent to many other public bodies, including the Metropolitan Police, the Guernsey police, the French police and even government departments in the royal courts of Justice and Whitehall from around 2002 and onwards when applications were made that the Claimant be registered a Vexatious Litigant and as a MAPPA level 3 victim.

6.      If, on the other hand, the information they disseminate about the Claimant is true then that requires the Defendant to say as from what date he is delusional or with a mental disability as the Claimant can be allowed by the Court to amend any claim that accrued from that date when he first had a mental disability.

7.      As we are aware much by the Claimant is in writing and so if the Defendant gives detail as to the Claimant being delusional, for just one moment, then an independent expert can be used to trace back the detail from that moment identified by the Defendant to where the indication of delusional in writings first emerged.

8.      A critical detail is that the Defendant actually disseminates information to say that the Claimant is delusional for ‘thinking he is harassed by police’.

9.      The Claimant complains to police, at least, as from 20^th June 1993, when the Claimant was in unlawful custody, up an including to today’s Position Statement

10. Given the Defendant disseminates information that the Claimant is delusional, for thinking he is harassed by police, please would the Defendant clarify at what point the Claimant was first displaying being delusional, by complaining he was harassed by police, so that the Claimant can apply to amend his Claims that accrued on or after that date.

11. If the Claimant was not delusional about being harassed by police, yet wrote and complained that he was harassed by police from say, 20^th June 1993, following information given to the Defendant by the Guernsey Police, at what point will the Defendant ensure the Claimant is no longer harassed by police, such as the Defendant stopping disseminating false and malicious information about the Claimant and will the Defendant comment on the obvious reluctance of the Defendant to stop harassing the Claimant in the context of exemplary and/or aggravated damages

A)      Witnesses outstanding in 1-3 Actions

1.       Ex Inspector Colliandris (medical argument irrelevant)

2.       Ex Chief Inspector Sean (Shawn) Trigg (key player)

3.       Ex Brian Jenner (Recall re Break in Cardiff Vet Surgery)

4.        Ex Chief Inspector Insp Robert Nelson Roe (Recall re Break in Cardiff Vet Surgery)

5.        Ex Chief Inspector Collin Jones (key player)

6.        Inspector Andrew Rice (Recall re 1^st Action 8.23 & CP Ebbs/Alexander)

7.        Inspector Steve Parry (Penal order on Defendant)

8.        Jonathan Clayton Air Traffic Controller (Dangerous flying/Penal Order)

9.        Ex Chief Constable Barbara Wilding (Defendant)

10.      Ex Special Constable Frank O’Brian (Penal Order on Defendant)

11.      Ex Special Constable Ridley (Penal Order on Defendant)

12.       Mrs Diana Graham (Foreign Witness Summons)

13.       A Gafael (re break-in Cardiff Vet surgery/Penal Order)

14.       G Thomas (stolen BMW m/c/ Penal order)

15.       ‘Yosser’ Nigel Thomas (stolen BMW m/c)

16.       Michael Murphy (Defendant’s destruction of Claimant’s vehicles)

17.      Mrs K Kirk

18.      Mrs G Jones

19.      Mrs J Hanson

B)       Application for Jury Trials for:

a)     4^th Action police bullying/ malicious pros, false imprisonments

b)    5^th Action Machine gun Case/malicious pros, false imprisonments

c)     6^th Action Forensic Psychiatrist/NHS (Wales) False Medical Records

           d)     7^th Action police bullying/ malicious pros, false imprisonments

     e)     8^th Action police bullying/ malicious pros, false imprisonments

C)    Claimant’s Fitness to Continue?

D)   Previous ‘struck out’ incidents in 1-3 Actions to be re instated

E)     Current Civil Proceedings (post Woolf/ Human Rights Act)

F) HM Crown Prosecution Service continues to ignore disclosure applications from Claimant, his solicitor or from his barrister re:

              i) Refusal to disclose evidence to clarify NHS psychiatric records at Caswell Clinic, Glanrhyd Hospital, Bridgend

             ii)  Refusal to disclose July 2012 evidence re doctor's statement that caused Claimant imprisoned

            iii) Refusal to disclose depositions re above withdrawn indictment of 'harassment'

          iv) Refusal to disclose depositions re one Lewis machine gun indictment and subsequent acquittal

           v) Refusal to supply Claimant with copy of his own MG11 victim statement re above outstanding issues

            vi) Refusal to supply Claimant with date he was first deemed to have a mental disability

G)     Interim payment for costs and damage

Maurice J Kirk BVSc                                                                  22^nd May 2013

(23^rd May 13 Position Statement mislaid and to follow)

Private Tape Recording, ‘Litigants in Person’ to be awarded legal costs and the Crushing of Family Court Cartels

The future of our UK court administration, if not already a night mare, is a pretty grim one right now with the lack of funding for expertise and the extra work caused by the withdrawal of legal aid.

One’s inability to find a truly independent lawyer these days with ever mounting unexplained costs incurred, should you be so lucky, is why this Claimant is adding to the problem by having to act alone.

Also, if this Claimant’s current Cardiff court action is typical of a ‘litigant in person’ floundering around in a quagmire of both regulation and custom with fast aging faculties barely keeping his head above water, then what is the future of our law courts when many more are forced to do the same?

In order for ‘litigants in person’ to achieve anything from the clear futility of it all then to further break down lucrative and unfair cartels, as currently practiced in the UK courts, is what each must strive to do and share any information from one’s mistakes.

This Claimant suggests we remain vigilant in what is to be ultimately achieved, the significant reform of a grossly outdated money driven judiciary and not to allow our own court cases to over shadow this primary objective, the clinching of that man made concept, some call ‘justice’ for all parties.

In The High Court Royal Courts of Justice                                                     BS614159

Before Mr Justice Morgan

Maurice Kirk v Chief Constable of South Wales Constabulary

Appellant’s Application to Adjourn of 7^th June 13 High Court Hearing

Further to the 14^th May 2013 High Court Order of the Honourable Mr Justice Morgan the Appellant applies for an appropriate adjournment in order to:

12. Obtain the official transcript as he was unable to tape record for his own use within the case in preparation for subsequent appeal(s)

13. obtain clarification as to which of the outstanding witnesses, identified in his 22^nd and 23^rd May 13 Position Statements to the Crown Court judge and

14. in the light of the enclosed further statement of A G Gafael and The Defendant’s February 2009 sworn Affidavit and

15. concerning the proposed 28^th May 13 ruling , by His Honour Judge Seys Llewellyn QC, due to be handed down today and

16. For appellant to obtain fee exemption in order to complete his prosecution and subsequent appeal(s)

AND

17. The Appellant asks the court to consider whether it is fitting that the Defendant be asked to more formally clarify their position on some points that at first may seem unrelated but have a common theme of legal argument around :-

f.        Whether the Appellant should be allowed to amend any of his Claims ‘out of time’.

g.       Be allowed the issue of exemplary and/or aggravated damages to be considered.

h.       Will the Defendants ever stop ‘actually harassing’ the Appellant as for example of in recent times by police using and sending to other police forces information to lead other police forces and other public sector departments to view the Appellant prejudicially by leading them to believe that the Appellant is delusional.

i.         By the Defendant disseminating information to say the Appellant is delusional either that means what they say is untrue and the Defendant refuse to stop harassing the Appellant and may affect the level of damages

j.        Or if what the Defendant disseminates is true then being delusional is a condition which allows the Appellant to be eligible to amend the Claims before the court that are ‘out of time’ by the time limitation period.

18. The Appellant raises the issues from reading page 198 point 13.40 and related sections of A Practical Approach to Civil Procedure by Stuart Sime, twelfth edition (2009) that says that Judicial reasoning can be that Claims can usually be amended but that an amendment is treated as a new claim and cannot be brought out of time. However page 101 gives explanation on point 7.40 that a Claim (and therefore an amendment to a Claim) can be brought ‘out of time’ if The Appellant had a mental disability at the time the new Claim accrued.

19. As the Defendant, in recent years, persistently disseminates information about the Appellant, as being delusional, then that means the Appellant may apply to the Court to amend the Claims that accrued when he was delusional.

20. If the information, disseminated by the Defendant, is not true then that may be relevant exemplary and aggravated damages and even amount to defamation.

21. If the information that the Defendant disseminates about the Appellant, being delusional, is untrue then the Appellant asks that a statement is made as to when the Defendant will stop disseminating this untrue defamatory information and how it will go about achieving that as well as the Defendants withdrawing what they have sent to many other public bodies, including the Metropolitan Police, the Guernsey police, the French police and even government departments in the royal courts of Justice and Whitehall from around 2002 and onwards when applications were made that the Appellant be registered a Vexatious Litigant and as a MAPPA level 3 victim.

22. If, on the other hand, the information they disseminate about the Appellant is true then that requires the Defendant to say as from what date he is delusional or with a mental disability as the Appellant can be allowed by the Court to amend any claim that accrued from that date when he first had a mental disability.

23. As we are aware much by the Claimant is in writing and so if the Defendant gives detail as to the Appellant being delusional, for just one moment, then an independent expert can be used to trace back the detail from that moment identified by the Defendant to where the indication of delusional in writings first emerged.

24. A critical detail is that the Defendant actually disseminates information to say that the appellant is delusional for ‘thinking he is harassed by police’.

25. The Appellant complains to police, at least, as from 20^th June 1993, when the appellant was in unlawful custody, up an including to today’s Position Statement.

26. Given the Defendant disseminates information that the Appellant is delusional, for thinking he is harassed by police, please would the Defendant clarify at what point the Appellant was first displaying being delusional, by complaining he was harassed by police, so that the Appellant can apply to amend his Claims that accrued on or after that date.

27. If the Appellant was not delusional about being harassed by police, yet wrote and complained that he was harassed by police from say, 20^th June 1993, following information given to the Defendant by the Guernsey Police, at what point will the Defendant ensure the appellant is no longer harassed by police, such as the Defendant stopping disseminating false and malicious information about the Appellant and will the Defendant comment on the obvious reluctance of the Defendant to stop harassing the Appellant in the context of exemplary and/or aggravated damages

A)      Witnesses outstanding in 1-3 Action

1.       Ex Inspector Colliandris (medical argument irrelevant)

2.       Ex Chief Inspector Sean (Shawn) Trigg (key player)

3.       Ex Brian Jenner (Recall re Break in Cardiff Vet Surgery)

4.        Ex Chief Inspector Insp Robert Nelson Roe (Recall re Break in Cardiff Vet Surgery)

5.        Ex Chief Inspector Collin Jones (key player)

6.        Inspector Andrew Rice (Recall re 1^st Action 8.23 & CP Ebbs/Alexander)

7.        Inspector Steve Parry (Penal order on Defendant)

8.        Jonathan Clayton Air Traffic Controller (Dangerous flying/Penal Order)

9.        Ex Chief Constable Barbara Wilding (Defendant)

10.      Ex Special Constable Frank O’Brian (Penal Order on Defendant)

11.      Ex Special Constable Ridley (Penal Order on Defendant)

12.       Mrs Diana Graham (Foreign Witness Summons)

13.       A Gafael (re break-in Cardiff Vet surgery/Penal Order)

14.       G Thomas (stolen BMW m/c/ Penal order)

15.       ‘Yosser’ Nigel Thomas (stolen BMW m/c)

16.       Michael Murphy (Defendant’s destruction of Claimant’s vehicles)

19.      Mrs J Hanson

B)    Application for Jury Trials for:

a)     4^th Action police bullying/ malicious pros, false imprisonments

b)    5^th Action Machine gun Case/malicious pros, false imprisonments

c)     6^th Action Forensic Psychiatrist/NHS (Wales) incorrect Medical Records

     d)     7^th Action police bullying/ malicious pros, false imprisonments

     e)     8^th Action police bullying/ malicious pros, false imprisonments

C)    Claimant’s Fitness to Continue?

D)   Previous ‘struck out’ incidents in 1-3 Actions to be re instated

E)     Current Civil Proceedings (post Woolf/ Human Rights Act)

F) HM Crown Prosecution Service continues to ignore disclosure applications from Claimant, his solicitor or from his barrister re:

              i) Refusal to disclose evidence to clarify NHS psychiatric records at Caswell Clinic, Glanrhyd Hospital, Bridgend

             ii)  Refusal to disclose July 2012 evidence re doctor's statement that caused Claimant imprisoned

            iii) Refusal to disclose depositions re above withdrawn indictment of 'harassment'

          iv) Refusal to disclose depositions re one Lewis machine gun indictment and subsequent acquittal

           v) Refusal to supply Claimant with copy of his own MG11 victim statement re above outstanding issues

            vi) Refusal to supply Claimant with date he was first deemed to have a mental disability

G)     Interim payment for costs and damage

Maurice J Kirk BVSc                                                                28^th May 2013

PILOT MAGAZINE....previous pages at bottom of previous blogs

Pilot Mag April 2002 MJK Profile_0001 (4).pdf

Key Witnesses TODAY Monday 13th as Medical Problems mount since Jailed in NHS (Wales) Caswell Clinic

Maurice Kirk — Sat, 11 May 2013 12:12:00 GMT

Monday 13th 10.30am

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

IN THE CARDIFF COUNTY COURT

BETWEEN:

MAURICE JOHN KIRK

Claimant

and

THE CHIEF CONSTABLE OF SOUTH WALES POLICE

Defendant

CLAIMANTS POSITION STATEMENT

11^th May 2013

In Search of Appropriate Medical Attention

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Maurice J Kirk BVSc

11^th May 2013

Litigant in Person Permitted to Tape Record in County Court ..CASH OFFERED for INFO on TRIGG FAMILY of POLICE CARDIFF

Maurice Kirk — Sat, 20 Apr 2013 09:14:00 GMT

Substantial Cash offered for whereabouts and info on Steve, Shawn and Andrew TRIGG believed to be police officers, plus any others, in Cardiff and Barry in pasty years my tel 07907937953

IN THE CARDIFF COUNTY COURT BS 614159-MC65

CF101741 CF204141

BETWEEN:

MAURICE JOHN KIRK

Claimant

and

THE CHIEF CONSTABLE OF SOUTH WALES POLICE

Defendant

CLAIMANTS POSITION STATEMENT

19th April 2013

Witnesses currently being sort by Private Investigator include:

Police or ex police officers

Steve Trigg

Shawn Twigg

Andrew Twigg

Detective Inspector Steve Parry

Detective Inspector Runnells

PC Ridley

Past Stipendiary Magistrate ]

Ms Watkins of Dinas Powys

Clerks of the Court

Ms J Caress

Ms R Jones

Crown Prosecution Service

Stan Stoffa

Jackie Seels

Other witnesses

Anthony Gafael ex Claimant’s ‘tenant’

Mrs Dawn Kenyon late of D&K Insurance

Sue Jenkins ex flying instructor

Maurice Kirk v South Wales Police

As the seventh week of a three month trial is coming to an end I am now more confused and muddled up then ever over as to which police witnesses are relevant and for which of the thirty five incidents they belong! These last two week’s had been particularly full of surprises but nothing quite like yesterday!

I, for example, was granted permission to tape record, on my own recorder, ‘witness evidence’ starting with one of the police officers in my, twelve years ago, collapsed ‘Dangerous Driving’ jury trial at Cardiff Crown Court.

A hand written ‘jury note’ had been passed to the then judge, His Honour Judge Nicholas Cooke QC, all twelve complaining of a Barry police inspector from the well of the court, no less, was repeatedly signalling to the police officer, in the case, whilst in the witness box under my cross examination.

Caught ‘red handed’, you may think, the trial was stopped but only after the judge had allowed sufficient time to pass, by the CPS calling the next witness to use the excuse that the evidence was most unsafe as no element of ‘dangerous driving’ had been tendered.

An “It stinks” comment from an irate prisoner in the dock, for the judge not having the police inspector and the Barry senior officer, who had instructed him to be there, be immediately jailed for perverting the course of justice, led, in turn, to my immediate imprisonment for ‘contempt of court’.

Nicholas and ten other Cardiff Crown court judges were instrumental to my long incarceration in both 2009 and 2010 as permanently unfit to stand trial, a story for later, perhaps, once I am allowed by the Cardiff court cabal to allow my enlightening of ‘interests of the general public’.

I had earlier served a copy of this ‘jury note’ on this civil court explaining on how I had been so lucky in getting it as Cardiff’s HM’s reputation, of releasing to me anything, if at all, following any of my nonsense appearances, is already a legend in our time with the latest bound for Europe.

I had only been able to get such a copy by entering the cellars of the Cardiff Crown Court by first waiting a few years, just as I recently did with acquiring vital witness statements in the equally scandalous South Wales Police ‘machine gun’ case when Barbara Wilding with MAPPA 2009 episode tried to stop this civil trial. Her police had been instructed to paint the ‘machine gun’ a different colour in order to try and fool yet another jury.

The Chief Constable’s QC, over the tape recording approval, agreed the draft order in its entirety and therefore soon left the building with a sealed copy of it in my ‘hot and clammy hand’!

13 04 18 Permission Order to Tape Record.pdf

SCHEDULE SWP FINAL.pdf

But this morning, Friday 19th April 2013, once I had just clarified my reasoning for my outstanding fifteen year desire for a ‘level playing field’ and ‘equality in Arms’ over the cost of buying a three month transcript, I was promptly stopped from doing any more recording.

As the QC had reminded me, earlier this week, English civil proceedings is based on adversarial ‘rules’ and ‘regulations’ with criminal procedures being but a modification on those principles.

Overnight, however, following this latest threat on the tax payer’s ‘gravy train’ continuing existence, had obviously sparked phone calls all over the frightened lucrative legal industry but, as if coming from some ‘higher’ authority, the yesterday’s Court Order was apparently nullified.

Now ‘dead in the water’ this important Court Order had, oh so conveniently, avoided the QC’s obviously alternative but embarrassing intention, that of the Court of Appeal where it would have been quashed, of course but in public.

I had opened today’s hearing by saying that the tape recorder should be only turned on during ‘evidence in chief’, ‘cross examination’ and ‘re examination’ of witnesses and for a tape not to be used for any other purpose. Sound legal argument, over the years, had opposed the right of a litigant in person tape recording at all for fear of picking up private conversations from within the well of the court and or public gallery.

Avarice still dominates the main driving force in obstructing any reform in both England and Wales’ judicial system.

The next bomb shell to fall on me is to be quietly told by the QC, during an interval, that I had not even pleaded the malicious prosecution incident when both police and Crown Prosecution Service had conspired to prosecute me for a speeding offence when, as I had the prosecutor by the scruff of the neck at the collapsed trial, a photo had fluttered from his red file with a clear mug shot of my workman who had borrowed my van for the day!

Oh so interesting how each of my more ‘politically sensitive’ incidents, citing HM abuse of process, seem to get ‘struck out’.

Oh so interesting how my show of complete dismay was answered by a chorus of voices, from within in the room recounting, despite on how Inspector Anthony Rice, with a band of police officers tight on his heels, had come bursting into Barry magistrate’s court room, had already given evidence in these civil proceedings, denying all knowledge and would not be recalled by the judge!

The Chief Constable’s QC, over the tape recording approval, agreed the draft order in its entirety and therefore soon left the building with a sealed copy of it in my ‘hot and clammy hand’!

But this morning, once I had just clarified my reasoning for my outstanding fifteen year desire for a ‘level playing field’ and ‘equality in Arms’ over the cost of buying a three month transcript, I was promptly stopped from doing any more recording.

Overnight, however, following this latest threat on the tax payer’s ‘gravy train’ continuing existence had obviously sparked phone calls all over the frightened lucrative legal industry but, as if coming from some ‘higher’ authority, the yesterday’s Court Order was apparently nullified.

Avarice still dominates the main driving force in obstructing any reform in both England and Wales’ judicial system.

Oh so interesting how each of my more ‘politically sensitive’ incidents, citing HM abuse of process, seem to get ‘struck out’.

Oh so interesting how my show of complete dismay was answered by a chorus of voices, from within in the room recounting, despite on how Inspector Anthony Rice, with a band of police officers tight on his heels, had come bursting into Barry magistrate’s court room, had already given evidence in these civil proceedings, denying all knowledge and would not be recalled by the judge!

Harassment from Guernsey Police

This problem for the Claimant, with the Defendant’s QC now stating, today, one or two more incidents are being ‘struck out’ of his Claim is a last ditch desperate attempt to keep the identity of undercover police officers under wraps. It appeared to have arisen when a special constable, a Ms Martin, of Barry, a client to his veterinary hospital, while being cross examined, last week, let it slip that the South Wales Police were regularly communicating with Guernsey Police both ‘hell bent’ on causing him trouble.

This off duty client had noticed his Guernsey Honda Acty Van often parked outside the veterinary hospital and had been in the country for quite some time so she took it upon herself or so she said on oath, to telephone Guernsey’s DVLC equivalent to establish the van’s legality in the UK.

Unbeknown to her, if true, the senior officers in her nearby police station were already conducting a busy two-way telephone traffic with Guernsey over a number of similarly registered Claimant’s vehicles, especially over a high powered BMW motor cycle that had ‘lost’ them, on wet roads, in a high speed chase from Cardiff to almost Bridgend.

Fuelled by the vengeance, as there can be no other reasonable explanation, both police forces having both had lost so many court cases, so far, all part of a tax payer funded harassment campaign.

The Claimant, few will know until now, had received local police bullying almost as soon as he set foot on the island of Guernsey, in 1981, following a similar telephone call that had been made from where the Claimant had just come, Taunton, Somerset.

As the Claimant’s June 2009 sixty four page damages claim witness statement indicates, signed while a well armed Welsh police helicopter hovered overhead waiting for similarly armed colleagues to surround his family home, ‘looking’ for ‘WW1 antique machine guns’ it so turned out, explains what all this welsh harassment originated.

It was clearly long overdue, the Claimant thought, to reveal the reason behind Taunton police’s vengeance, to first hound him out of town and then seek assistance from the Guernsey’s Authorities that would finally lead to the unlawful stealing and selling off his veterinary practice on that disreputable island.

A 1984 'Out of Court' Documentary relating to the 21 times the Claimant was put in prison by the Guernsey Police

http://youtu.be/DWmJGa9RsyM

Harassment from Avon and Somerset Police

Harassment had all stemmed from a not un colourful incident over an antique 17^th Century flint lock rifle the Claimant had happened to be cleaning, while on the phone when police burst in through his front door. They appeared to be far too enthusiastic over the Claimant’s personal welfare when requiring that he to be ‘escorted’ back at the station for a little questioning.

The earlier purchase of half gallon of lawn mower fuel, somewhere in the dark near Wellington during an easterly gale flight from almost Cornwall, had appeared to have sparked off a problem.

The Claimant and his cub,, along with his Dad, was now flying only on petrol vapour left in the ten gallon scuttle tank but still had to make the last six miles in order to land on Taunton Race Course.

The content recorded in the borrowed personal note book of Taunton’s then Chief Superintendant, ‘Curly Hawkins’, on the same date as the flying incident, it usually then being kept in the officer’s wooden desk, second draw down on the left, deep inside Avon and Somerset’s Taunton HQ, proved what the Claimant had always believed all with a subsequent magistrates hearing over ‘guns’, that the borrowing of that note book, recorded a ‘stitch up’ with the Claimant’s acquittal. What then occurred, some six months later, in Bristol Crown court, charged with theft of the police man’s note book, is far too amusing and long a story to recount just now but it also resulted in an acquittal with no defence evidence required which the Claimant has seriously now regretted ever since.

So back to ‘vengeance’ and never mind the cost, Barry police were now burning the ‘mid night oil with 24/7 covert surveillance on the Claimant when he was just trying to go about his work in the Vale of Glamorgan.

I may finish this blog tomorrow if I recover in time after another predictably pleasant evening with Brittany friends up in the mountains behind Port Talbot.

And who, out there, is keeping up with this little missive of conspiratorial skulduggery?

10 05 26 NHS Deny Rcds Exist.pdf

Litigant in Person Protest and supervised tape recording outside Leeds High Court

The Observer and others have a Welsh equivalent D 'Notice' on this current South Wales Police Case

Doc2.docx

Lord Leveson Mr Justices Mitting & Males REFUSE Maurice's Applic for NHS (Wales) Falsified MAPPA Psychiatric Reports to be CORRECTED OR CLARIFIED

Maurice Kirk — Sun, 10 Mar 2013 08:56:00 GMT

JUDGMENT

14th March 2013 Criminal Court of Appeal, whilst sitting in Cardiff, refused Maurice Kirk both legal representation and clarificationion as to whether he had 'significant brain damage’ and 'possible' cancer reported to 2009 Cardiff Crown Court, by a South Wales police psychiatrist, whilst recommending his victim be incarcerated in Ashworth High Security Prison for the doctor’s own safety, from an interested third party, an elderly Norman Scarth Esq.

That makes 14 UK judges, now, protecting NHS (Wales) and South Wales Police policy and damned the danger to the general public, to allow servicer of the 'Gulag card' on anyone who dares threaten their

pensions

http://www.theyworkforyou.com/wrans/?id=2013-03-14a.147843.h&s=speaker%3A11420#g147843.q0

Maurice's very simple submission, today, stating, at the out set he only wanted his psychiatric reports corrected or clarified.

They had already had the refusal drafted months ago

Maurice asked for an ajournment for legal representation but was refused.

Maurice asked it be adjourned owing to a JR application was outstanding about the circus of District Judge John Charles circus on 1st December 2011....Maurice was refused

Their Lordships already had this document from me, knocked up at 6am on the day, served on them for Cyberr space world wide ECHR and CCRC

Please note today's court judgment is a stark warning to others in Wales of what has been going on re the practice of false psychiatric reports understood by no one, not even the writer.

This judgment means trouble

Criminal Court of Appeal ref: 201203241 D2

At Cardiff Crown Court ref: CO/3970/2012 &CO/6357/2012

1CF 03546

Regina v Maurice John Kirk

Application to Appeal

SUMMARY

The trial was unsafe because:

The jury was denied the defence evidence

Extract taken from 4^th May 2012 Cardiff Crown Court hearing at approx. 10.45am

JUDGE CURRAN: Do you intend give evidence?

MR KIRK: It depends on whether you let me get my legal papers that are down stairs.

JUDGE CURRAN: Mr Kirk, I am not going to let you get at what you call your legal papers.

(The Appellant was not allowed to be present or allowed to call any defence witnesses)

The jury was misdirected

Jury note(s) to the learned judge they received a response, in the forced absence of the Appellant, that there was ‘no evidence’ from both the custody manager and court clerk’s contemporaneous notes and CCTV footage stored from GEOamey Custody Services cameras positioned both in the Appellant’s cell and in the long custody suite corridor or from the HM court’s controlled cameras at both exit of the custody suite and building.

LEE BARKER, the custody suite manager said, both on oath and in his witness statement, that he ‘served’ the ‘restraining order’ in the cell after he had to first unlocked the cell door.

MICHAEL WILLIAMS said, both on oath and in his witness statement, that he saw served on the Appellant the ‘restraining order’ whilst the Appellant was on crutches in the corridor returning from the toilets. Potential weapons, such as crutches, are not allowed in that area.

CCTV cameras recorded the part hand written ‘restraining order’ remained in BARKER’S hand , whilst in the cell and recorded the Appellant literately being dragged out and thrown out of the suite by no less than five angry custody officers who then threw his crutches onto his head as he lay on the floor of the public corridor. The camera at the exit of the building recorded defence witnesses, called to give evidence, seeing the Appellant both in hand cuffs and in a wheel chair.

The jury was subjected to a ‘An Abuse of Process’

The psychiatrist subjected the Appellant to the NHS (Wales) zero tolerance policy thereby seriously prejudicing current civil litigation from 20 years of persistent police bullying by

a) Causing the Appellant to be registered, in Barry police station, on 8^th June 2009, a MAPPA level 3 victim, to be one of the 5% most dangerous so registered and then

b) On the 22^nd June 2009 caused the Appellant to be arrested and remanded in custody on dreamed up fire arms charges over a WWI antique Lewis machine gun and then

c) had the Appellant, on 7^th august 2009, sectioned under the 1983 Mental Health Act, without even examining his own patient and then

d) without the appropriate qualifications and contrary to others with appropriate qualifications, recommended to a Crown Court, on 2^nd December 2009, that the Appellant be further incarcerated into Ashworth High Security Psychiatric Prison for the doctor’s own safety (see para39 of 19^th October 2009 psychiatric report) and then

e) The psychiatrist wrote that the Appellant had ‘significant brain damage’ with the court being told, in the forced absence of the Appellant, that he possibly had cancer’

f) The Appellant has NEVER been supplied with the evidence, clarification or retraction of such nonsense despite this Appellant’s last application before this very same Criminal Court of Appeal for that very same purpose

g) The mischief by Dr Tegwyn Mel Williams continues

Last July he signed a ‘victim’ statement that the Appellant had harassed him at his home with his wife, Dr Janis Hillier, also of Caswell Clinic, to such an extent that they are now both on ‘extended sick leave’. The lies continued in that he also stated police had to be called to the scene but with Appellant’s subsequent imprisonment ending by all charges being dropped.

4 Section 1 (3) of 1997 Harassment Act provides a DefenceThe Appellant was not allowed at the1^st December 2010 summary hearing, while facing ‘harassment’ allegations of the police doctor, at its subsequent 1^st March 2013 appeal or even at the 4^th May 2013 jury trial to put a legal argument that the police doctor had knowingly committed crime, due to police black mail and therefore the Appellant was permitted

a) that it was pursued for the purposes of preventing or detecting crime

b) that it was pursued under any enactment or rule of law or to comply with any condition or requirement imposed by any person under any enactment

c) that in the particular circumstances the pursuit of the course of conduct was reasonable

Maurice J Kirk BVSc 14^th March 2013

SO WHAT IS THIS ALL ABOUT?

http://www.youtube.com/watch?v=FJU6U8OdPUc

http://www.youtube.com/watch?v=3x4G0vYqzTc

At my age the evilness from UK courts' cartel is but small beer.

I broadcast a taste of last time I was in front of Their Lordships, in the Royal Courts of Justice, on another futile appeal, having served yet another prison sentance caused by Dr Tegwyn Williams, re a Cardiff judge daring to suggest, ney insult my intellegence, that he would order and obtain, bloody liar, for the NHS (Wales) to produce the evidence I was to be sent to Ashworth ipp as a public hazard.

Who filmed this, quite without my knowing and definitely without my approval , I do not know but had I known I would not of been so subservient......and the rest.

Dr Tewgwyn Wlliams black mailed by police to recommend to His Honour Judge Neil Bidder QC that I be incarcerated in Ashworth High Security Psychiatric Prison 'for his own safety'!..... see paragraph 39

4th Williams Psych Reprt 19 10 9.pdf

9 12 1 medical Kemp.pdf

Dr Tegwyn Williams' wrong doing?

The Appellant believes Dr Tegwyn Williams is an unaccountable Clinical Director who can call on NHS lawyers and NHS chiefs to cover up his wrongdoing. It is in papers, that were not before the Courts in this case, that Dr Tegwyn Williams is that unaccountable that he calls on the support of the Chief of local NHS and Welsh NHS to use police to stop complaints about him going to the General Medical Council

Dr TW to help his associates (some local police) in a civil dispute, Sectioned the Appellant, without first assessing him, when the Appellant was not a patient of those kinds of services.

Dr TW then entirely made up that the Appellant had significant irreversible brain damage and made application to indefinitely Section the appellant to High Security Hospital. He failed in his attempted to indefinitely Section as no other medical doctor would support him.

The point is that Dr Tegwyn Williams is not medically qualified to interpret brain scans, as that is the job of the neuro-radiologist who has training and qualifications so to do. Dr Tegwyn Williams does not use or invite anyone who was medically qualified.

The Clinic team wrote in the team assessment from the three monthly Sections at the Caswell Clinic, that they wanted to build a relationship with the Appellant as an outpatient and draw him in.

But each time the Appellant would attend Caswell clinic Dr Tegwyn Williams would arrange that Police were called to arrest him.

In the end, to prevent the General Medical Council acting on what Dr Tegwyn Williams does wrong, he brought zero tolerance prosecutions by claiming, in short, that lawful accurate comments that were not defamatory, made him feel harassed.

Changes in law and interpretations.

Does it matter that what the Appellant says is accurate and not defamatory and now changes in the law (reform of public order Section 5) also means that an insult is no longer meant to be harassment ?

Also Courts have decided to recognise playful or eccentric comments as not malicious and with the example of a jovial threat to blow up the airport as meaning to be light hearted.

That light hearted meaning is very relevant to the Appellant as his ‘Wanted posters’, were clearly meant to be light hearted comment from a man well now as a harmless eccentric.

Where is the proportionality in wanting to imprison a 67 year old man for making accurate, reasonable, eccentric, light hearted but entirely justified and necessary comment ?

Stafford NHS scandal, the Need for Freedom of Expression and Appellant’s course of conduct and alleged Breach, can stop suffering and worse.

Mr Jeremy Hunt, the Coalition Health Minister encourages the need for people to be able to speak out when things go wrong in the NHS and that no gagging Orders should exist on NHS conduct. Especially as around 1200 people needlessly died at Stafford as there was no where to complain and little way to speak out

There are said to be at least fifteen other hospital Trust like Stafford.

The Protection from Harassment Act 1997 and “incompatibility”

The Appellant would be raises whether the Criminal Court of Appeal would grant permission for an application to ague “incompatibility” on how the Act is not compatible with Human and Fundamental Rights and that Parliament could not have known the effect that it’s legislation would have.

As we are aware it is for the Higher Courts to declare incompatibility and for Parliament to remove that incompatibility, if it so wishes.

It is said that the ‘course of conduct’ in the Protection from Harassment Act 1997 is unique to the UK. No other country has it. Other countries make do with stalking laws and other like measures. One reason why all other countries do not use ‘a course of conduct’ as a criminal offence is that it is said that this kind of law is open to too many problems and abuse.

One of the four cornerstones of EU law is that a person must be able to tell that their conduct would be a criminal offence. The UK law interprets that as would know with advice of a lawyer.

Yet full time Judges decide on if a course of conduct amount to harassment in ways that the best lawyers in the UK cannot predict how Judges will interpret what amounts to harassment in for example the zero tolerance, white collar, neighbour or family disputes. The appellant believes that means that the Protection from Harassment Act is clearly not compatible with EU law, and that is but one example.

With the Malicious Communications Act 2003, a new stalking law and various other measures and that the Harassment Act is know to be so widely over used and miss used, many call for the 1997 Act to fade away, in favour of expanding the scope of other laws

Maurice John Kirk BVSc

12 March 2013

My 64 page statement completed as police helicopter hovered over head as armed police surrounded the matrimonial home (see blog below of home and aerodrome up for auction due to a broken marriage) with frightend wife citing this incident, in divorce papers, due to Operation Orchid, to snatch our then 10 year old daughter at the same time as my hand cuffs clicked on.

Who will be next to suffer under power crazy South Wales Police Hierarchy?

09 06 19 64 pages of Witness Statement of Maurice John Kirkl.pdf

Maurice Kirk v Dr T W Williams.docx

11 03 10 Dr T W position statement (1).pdf

GMC.pdf

Glamorgan Gem 30th Sept 10.pdf

10 09 06 SWP_Claimant_interim_Skeleton.pdf

TO stop this trial from starting Dolmans, solicitors advised Barbara Wilding and MAPPA meetings in Caswell Clinic, would you believe, on how to instigate her Metropolitan Police intorduced tactic of a 'shoot to kill' policy but first she had had to get me registered MAPPA level 3, using Dr Williams, in order for it to be a 'lawful kill'

the 22nd June 09 police raid , using well over twenty, some armed, police officers, and helicopter, under Operation Chalice' to surround our home was co-ordinjated with anotter pack of police officers , under Operation Orchid' in order to snatch our daughter.....telling my wife I was so dangerous a threat to her and the general public our Genevieve was to be 'taken into care'. Kirstie had other ideas.

http://kirkflyingvet.com/photos/aircaraft_and_airshows/South-Wales-Airfield-FOR-SALE.aspx

10 12 7 MJK MAPPA Executive Summary.pdf

To stop this on going trial , currently in Cardiff County Court, for police now proven police criminal conduct and harassment damages, from ever reaching cross examination stage, first it was 'my possession of a machine gun 'fiasco and then the State playing this fabricated medical 'findings', their 'Gulag Card', as seventeen years of police harassment, so far and HM assisted 'treacle treatment; whough Cardiff's iniquitous law courts had failed to block the true state of both our law courts , prisons and police forces, right across The Principality.

09 09 03 MG Trans Redacted.pdf

Their Lordships, together with the documentary evidence that Dr Tegwyn Mel Williams knowingly falsified, in the presence of South Wales Police officers, his Sect 9 countersigned witness statements, to obtain my false imprisonment, are to consider the 'ramifications' of the enclosed transcript from part of 4th May 12 'Breach of Restraining Order' conviction hearing, now the subject of their deliberations.

The transcript clearly indicates, just as in the 2010 'machine gun' scandalous jury tria, l was refused even my legal papers and personal court exhibits even in thew court room!

On 4th May2012 His Honour Judge Curran QC, whilst I was forced to be absent due to requiring urgent medical attention, had refused me Dr Williams or any others, named, to be either my 'character witness' or as a 'witness of fact'.

On 1st December 2011 District Judge John Charles had done exactly the same, in my absence, when he convict me for 'harassment' of Dr Williams following the publishing of further falsifed documents by Dr Tegwyn Williams, namely, my series of NHS (Wales) Caswell Clinic psychiatric reports culminating, on 2nd December 2009, at Cardiff Crown Court, that I be further sectioned under the 1983 Mental Health Act, due to 'significant brain damage' and 'possible cancer', in Ashworth High Security Psychiatric Prison.

Closer scutiny of my Casswel Clinic, Bridgend, medical records, discloses, as in his October 2009 psychiatric report, his other and most pressing reason as to why I had to be moved to Broadmoor or Ashworth was because of 'veiled' threats , he told me, of 'reprisals' by an old gentleman by the name of Norman Scarth!

T20120090 - Kirk - proc from 10.40 - 12.26 - 04.05.12.pdf

Experts in the field confirm there was no sign of relevant brain damage BEFORE Williams even writes the report without appropriate qualifications.

On 7th August 09, when he wrote his first released psychiatric report, [previous others only for MAPPA South Wales Police meetings], as His Honour Judge Seys Llewellyn QC stated, when refusing, recently, to 'strike out' my one million pound damages claim against NHS (Wales), without evening examining his patient!

09 09 01radiologist scans report.pd

09 09 30 INTERIM PSYCHIATRIC REPORT Oct1 2009 REDACTED.pdf

09 12 02 Transcript Crn Crt REDACTED.pdf

09 12 17 Court Hearing to Extend IPP.pdf

http://ukhumanrightsblog.com/2013/03/20/the-supreme-court-on-harassment-purpose-and-rationality/#more-17700

You may like to Google 'The Real Maurice Kirk' and come to the County Court tomorrow and Crown court on Thursday

ps My birthday is on Tuesday

Quiz Time:

What does a Duchess, a dairy maid and a cow have in common

clue:

It was most unlikely my father fought on the D-Day Beaches

Answer:

Work it out for yourself

my e-mail is maurice@kirkflyingvet.com

Subject:

Signing up to 'I, Patrick Cullinane, will demonstrate outside the Royal Courts of In-Justice for FOUR days, starting Tue 1st October 2013, to RESTORE the Rule of Law and banish the Rule of JUDGES from the Kangaroo Courts in the UK' at PledgeBank.com

Please click on the link below to confirm your signature on the
pledge at the bottom of this email.

http://www.pledgebank.com/L/BVyQLvFuTJTaBt79hA

The pledge was created by Patrick Cullinane and reads:

'I will I, Patrick Cullinane, will demonstrate outside the
Royal Courts of In-Justice for FOUR days, starting Tue 1st
October 2013, to RESTORE the Rule of Law and banish the Rule of
JUDGES from the Kangaroo Courts in the UK but only if 150 other
people from the UK will do the same. We the People in the UK
have been denied our GUARANTEED RIGHTS to due-process via the
Common Law Trial by Jury, which is the Law of the Land.'

Yours,
the PledgeBank.com team

ends

Maurice Kirk v Dr Tegwyn Mel Williams (NHS Wales) at Criminal Court of Appeal next Tuesday 14th March in Cardiff Crown Court

Maurice Kirk — Wed, 06 Mar 2013 06:16:00 GMT

I woke up at 4am, to day and realised the very real risk of a repeat performance, with Norman Scarth and myself videoed in the Royal Courts of Justice court, before Lord Justice Moses, over my appeal to my imprisonment after reminding the then Recorder of Cardiff, upon my acquittal over a WW1 Lewis machine gun, that his shallow promise that 'I will get the Caswell Clinic evidence', to support the police doctor's psychiatric report, that I am so dangerous, due to 'significant brain damage'!

I, therefore, cannot cross examine police officers and should be locked up, IPP for good, in Ashworth High Security Psychiatric prison, anything to protect Cardiff courts' nefarious conduct.

Three years on and I find still neither GMC nor IPCC will intervene while both indicating there will not even be 'an investigation' in to Barbara Wilding's having the 'machine gun' painted a different colour, Dr Tegwyn Williams' and Professor Rodger Wood'[s fabricated NHS (Wales) oh so damaging medical records, clearly proven criminal conduct.

Criminal Court of Appeal Criminal ref: 201203241 D

Royal Courts of Justice Court ref: CO/3970/2012 &CO/6357/2012 1CF 03546

6^th March 2013

Dear Case Worker,

Regina v Kirk

‘Breach of Restraining Order’ Appeal at 14^th March 2013 Cardiff Crown Court

I continue to be in some difficulties in the matter of ‘disclosure’ of evidence, in order to clear my name, concerning the unlawful manner in which I was registered MAPPA level 3, later jailed on spurious ‘machine gun’ offences and then, when it became clear that lot was collapsing, to be then incarcerated in Caswell Clinic prison on a bogus psychiatric report by a Dr Tegwyn Williams who did not even afford me the courtesy of first examining his patient! 09 09 30 INTERIM PSYCHIATRIC REPORT Oct1 2009 REDACTED.pdf

1997 Prevention of Harassment Act clearly indicate a patient’s right to either ‘detect’ or ‘prevent crime’ and my attempts in stopping, once and for all, the twenty years of extreme and unusual bullying by very senior police officers, as my current three month civil trial is so clearly exposing, with their cowardly use of ‘bobbies on the beat’ to do their dirty work.

The Crown Prosecutor clearly stated in Cardiff Crown Court the need for him to give evidence, on oath, to confirm it was he, not the district judge, that arranged the draft ‘restraining order’ to be taken to me in the magistrates’ cells, for my consideration and approval. The fact that only one visit to me ever took place is painfully evident if one simply looks at the oral evidence and conflicting clerk of the court’s and GEOamey Custody Services manager’s section 9 MG 11 witness statements, custody records and CCTV.

I have again attempted to instruct a barrister for Tuesday’s hearing but the Welsh authorities continue to refuse me the right to listen to the court tape, of the period when I was forcefully dragged from the court dock, immediately after the trial judge, yet again, had refused me my right to have my legal papers, already confiscated and lying at the foot of the stairs and that included my defence exhibits for both me and my awaiting defence witnesses.

The Crown Prosecution Service continues to refuse me copies of my depositions, especially those prosecution papers containing Dr Williams further falsified ‘victim’ evidence, of last summer, stating I had ‘harassed’ him and his wife, Dr Janis Hillier, at his home, causing me still more months in jail, whilst un convicted, until all daft charges were reluctantly dropped.

I simply must have the ‘case summary’ prepared for Their Lordships by, e-mail and returned today, as it may be incorrect and order or not for me to hear the portion of Cardiff Crown court tape this week, with the release of depositions, by e-mail, from the CPS, if I or anyone else is going to be ready in time to prove the whole affair was an utter shambles.

Yours truly,

Maurice J Kirk BVSc