Legal Battles : MAPPA, Trial

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Now he had to seek asylum in Brittany, while

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

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

New Insights: Missing Forensic Medical Records

SabineKMcNeill — Sun, 14 Nov 2010 14:35:00 GMT

A detailed account of the 2^nd December 2009 Cardiff Crown Court affair, between HM Authorities and the medical profession, in the absence of their target

A. Dr Tegwyn Williams had been in court, possibly since 10.30am and had revealed the prisoner's confidential medical history with the CPS (South Wales Police) and others, supplying the Prosecution barrister, Mr Richard Twomlow, with both his new medical evidence but also, even, the medical report from Dr Edward Silva of Ashworth high security prison, obtained only by court order. So who invited Dr Williams to attend?

B. His Honour Judge Bidder QC refused Dr Williams' and the Crown Prosecution's recommendations that the prisoner should be sent to Ashworth, IPP (Imprisonment for Public Protection) due to his 'significant brain damage' and possibly a tumour.The judge, instead, had to refuse due to the 1983 Mental Health Act, for Section 41etc, committals, requiring, not one but two level 12 forensic psychiatrists to agree.

C. During the June 09 armed police raid, when the prisoner was first jailed, a second team of police officers had been assigned to obtain a prepared witness statement, from his wife, under the very real Social Services threat on their ten year old daughter, to the affect that her husband had a ‘history of mental disorder', thus requiring only one doctor's signature for committal. This would avoid the embarrassment of a dubious, if not concocted trial for the alternative long prison sentence.

D. The prisoner had taken the precaution to obtain help from his past MP, Walter Sweeney, to get his wife, a consultant radiologist, to find specialist Dr Paul Kemp on the subject of the apparent spurious report, now before the court, on the SPECT scans of his brain conducted by the NHS. Police expert, Professor Roger Wood, had to quickly retract, back date and rewrite his original 18^th September 09 version, still not disclosed to the parient's GP, by Dr Ruth Bagshaw, also of Caswell Clinic, the original recipient. Mr Sissling, the area NHS manager continues to fail in replying to letters from both the Welsh Assembly Member and the patient's MP.

E. The 1^st December 09 report by Dr Kemp was served on the court that same day. The Cardiff court fails to disclose if that report was ever received, as it contains evidence contradicting Dr Tegwyn Williams in no uncertain terms. [July 09 psychiatric reports,favourable to the prisoner, even before Dr Williiams wrote his 3rd August Interim Report, not even examining his patient, were discounted by each bail judge that saw them.]

F. Page 3 para B of the 2^nd December transcript reveals the HM prosecutor, having stated the prisoner had refused to read the new Dr Williams report, he having been given no opportunity in the cells, persuaded the Judge that, as he had ruled against a committal of the prisoner, there was, surely, no need for the prisoner to know its content.

G. The judge, on page 5 para B fails to refer to the prisoner that a new evidence by Dr Williams had been before the court, all older reports having been served on him, long before Her Honour Judge Eleri Rees and HHJ Llewellyn Jones, refusing him bail, both in October and the November hearings.

H. The Criminal Court of Appeal is currently refusing to order the HM Cardiff Court to disclose that it referred to in either of the two court logs relevant to Maurice's one month imprisonment for ‘contempt of court', in June 2010, following The Recorder of Cardiff, Nicholas Cooke QC, also refusing to examine the enclosed documentation, that suggested, on the 2^nd December 2009, a serious miscarriage of justice had been occasioned.

I. Today, the National Health Service, Caswell Clinic, HM Prosecution Service, South Wales Police, HM Court Service and the General Medical Council (South Wales), all continue to refuse to communicate with the acquitted prisoner on the matter, even refusing to release either court record of the events or the medical evidence that was before HM judge and HM prosecution, whilst excluding an unrepresented remanded defendant, facing the likelihood of a prison term, without trial, for an indeterminate period. .

Details of Evidence:

1. Four pages of ‘leaked' 8th June MAPPA memo identifying as to why, possibly, police deliberately set Maurice up as a target to be, lawfully, shot.

2. The ‘full' transcript of the 2^nd Dec 09 Cardiff Crown Court hearing, commencing 11.39am indicates almost an hour not recorded, it would appear, because William, the court clerk, had been told not to switch on the tape.

3. The 17^th December 09 Newport Crown Court transcript, the last chance for the judge to get the prisoner to disclose his defence, before the jury trial began, may indicate the reality of a successful ‘machine gun' trial from being achieved.

4. The 3^rd November 09 Dr E.Silva medico-legal report - in favour of Maurice.

5. The 1^st December 09 Dr P. Kemp medical report - in favour of Maurice.

6. The first page of ‘re-written' 18th September 09 Professor Roger Wood medical report was eventually released in June 2010 but only following repeated FOI and Data Protection Act applications by the patient. The original document, read, at the time by the patient, whilst inside Caswell Clinic, is being refused disclosure by both Dr Ruth Bagshaw and the NHS, to whom it was first addressed.

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

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

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

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

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

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

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

Extract of 2004 Statutory Instrument:

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

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

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

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

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

Today's Position Statement - with reference to Police Video

SabineKMcNeill — Sun, 17 Oct 2010 09:36:00 GMT

Despite headaches from his pain killing drugs, Maurice managed to put this position statement together that also refers to the video that he put up on his front page, despite its bad quality.

The Police ought to disclose the good quality original! But they seem to think they make the law as well as enforce it...

Before Trial Day 12 in 2 weeks: Position Statement

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

Position Statement
Kirk v South Wales Police
CF 101 741 etc

28th Sept 2010

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

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

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

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

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

Why do I bother to attend at all?

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

Maurice J Kirk BVSc

Trial Day 11: Police deny having minutes of MAPPA meetings

SabineKMcNeill — Mon, 27 Sep 2010 12:11:00 GMT

How do you measure the quality of lying? Let me count the ways:

by the quality of the lyer, i.e. it's worse when employees of a public authority, who are doing their job based on a professional oath, are lying
by the quality of the truth, i.e. if it's peanuts or a big deal, such as meetings about the surveillance of 'serious offenders' who pose supposedly a threat to the community
by the purpose of the lie, i.e. what is achieved if the Police says they have no minutes? Maurice's case can be struck out. What if they disclose the minutes? Maurice might win his case and the Defendant might have to offer to settle out of court...
by the embarrassment imagined in the mind of the lyer or their lawyers, i.e. who is going to pay for the lawyers' time: the taxpayer or Maurice who would presumably be bankrupted in the process...
by the fear of bad PR and the resulting bad image: who risks more: the Police or their lawyers?

How does one ask

for common sense or 'proportionality' in terms of law
for empathy with a man in pain
for sense and sensibility in terms of David and Goliath?

Before Trial Day 11: a threat to those paid from the public purse under false pretences

SabineKMcNeill — Mon, 27 Sep 2010 10:28:00 GMT

Maurice tries to live, despite his serious health problems, and respond to the challenge of doing the right thing in court, even though his emails are getting blocked. Today the judge thought that Maurice is fit enough to carry on the case from home... Anybody ever heard from a court case being carried out from home, because the authorities won't release medical records???

Here is the document that I delivered by email on his behalf: an Application for an Order with 4 requests:

that the crime reference numbers that relate to the Applicant (Maurice) be disclosed
that the minutes of MAPPA meetings be disclosed
that the CPS (Crown Prosecution Service) disclose evidence not already disclosed
that the 4th Action be joined with the current three actions.

A celtic knot of Actions that I'm still trying to unravel...

Trial Day 10: HH Judge Seys Llewellyn QC delaying the key issues

SabineKMcNeill — Sat, 25 Sep 2010 09:38:00 GMT

Trial Day 10: Friday 24th September

A 'Senior Moment'. Woke up at 3.10am but took 30 minutes looking for my computer, I had hidden just a few hours before..... Completely 'lost the plot', I soon realised, as I tripped on the power cable plugged into the wall: still connected, this time, defeating the whole purpose to foil burglars, as I had simply covered it with half a ton of chaotically strewn court papers covering nearly all the living floor.

Morphine blood levels, due to a difficult night, meant sleep attempts soon abandoned. This also meant no driving to court today, but five civil cases, each with serious consequences, either way, were due to be 'determined' needing a clear mind. With Dr Tegwyn Williams' huge NHS legal team trying to block the court from ordering him to hand over my medical records to my anaesthetist, having refused to answer my calls, all week, return voice messages and e-mails, was sufficient warning that lawyer dirty play was to be, once again, 'occasioned'.

Guy picked me up, far too late to get my latest medical report to the magistrates court, clearly indicating me unfit for that case to progress. We arrived outside the Cardiff Civil Justice Centre to be greeted by 'Rick on the Roof' and his banners telling of the harrowing tale of lawyer misconduct, answerable to no one. I offered him my megaphone and rattler, my favourite weapons for demonstrations outside the Royal Courts of Justice.

The QC rambled on in monotone, through numerous motoring incidents needing to be 'struck out', saying that PC Kilberg appeared to 'feature in Maurice's life'. Sure thing he did, having said I had refused a breath test at the road side, leading to my current trial judge, then in Cardiff Crown Court, dismissing my subsequent appeal, in September 2001. The court did not believe my GP medical note, at the time, that with a little research, I would have been found to be virtually on the very same medication as I must take today, due to my much overdue hip replacement operation.

The QC laboured the point that had the court, then, had 'better particulars', it may not have been adjourned. He appeared to forget to mention I had arranged for the consultant surgeon, my having just recovered from anaesthesia, before a TV screen, showing 'live', a passenger aircraft flying into the second remaining tower, left standing, that his letter, to the Crown Prosecution Service, vdirect, remained buried.

That loss of a hearing and appeal allowed the RCVS lawyers, Penningtons, to latch onto, in order to allow their bebritched and buckled QC, prancing around like some Shakespearian courtier, strutting and fretting her hour upon the stage, to persuade the lay Disciplinary Committee, in May 2002, that the mere fact I had 'failed' to attend court and had committed such a heinous crime, a road side breath test, in the words of the Chairperson, Ms Crispin, that this single conviction had rendered me 'unfit to practice veterinary medicine'.

[The nonsense argument of my trial by jury, again being refused, the QC's weasel words, fighting a losing battle, it now appears, to have the judge NOT disclose the nefarious affairs of Barbara Wilding's chaired clandestine MAPPA meetings, in the seven or so pages of ‘Executive Summaries', arranged BEFORE I was arrested for trading in fire arms. The reader will have to wait for more later, today, as I have yet another hospital appointment].

I managed to get to court, now out of tablets and what a palaver that is, getting Class A repeats when reliant on crutches!

I just had to get to court but for four or more reasons and obtain the MAPPA 'official' record, clearly mine. That left 1) to hear the police argument, to 'strike out' 3rd Action paras 2, Cowbridge Show, 'Breach of the Peace' and 2) para 3, 'stolen and forged cheques' and 3) numerous other outstanding related cases being delayed due my inability to have access to the public counter or court e-mail service. 'Letter of authority' to another was also repeatedly refused. HM Court Service know that about £90,000 plus, in these other claims, are likely to finish with judgements in my favour and they know, it is all desperately needed to finance 'due process' in outstanding, NHS, RCVS, Vale of Glamorgan Council, police, prison and six other actions.

"Now, we cannot have that, now can we? What is our lucrative 'HM Partnership' for, if it was not designed just for us, select members and definitely not there for the likes of him and other troublesome 'litigants in person'.

MAPPA disclosure today? No chance Maurice, judgment deliberately delayed again. I should have stayed in bed.

Repeated argument by police barrister, on the 'MAPPA summaries of monthly meetings, blocked that idea, for Court of Appeal now but clearly containing further evidence of malfeasance, despite them having been re-drafted by Dolmans or force solicitors, just recently.

A trial by jury, truly the modern lawyer's 'bete noire', as with the continuance of lay magistrates, was again raised by Maurice, if only to provoke, but to prove a serious point, also destined for the Court of Appeal. As the QC had tried, this week, to re-introduce the four or five incidents to be 'struck out', again, when he knew, full well, HH Judge Jack QC had already put them back, in Maurice's Bristol appeal, to block, no doubt the horror of a democratically decided procedure, dreamed up on Runnymede Island. Yes, HH Judge Jack QC managed to quash that scare of unpleasantness, later, in the police's successful Swansea appeal. "Could I please remove these incidents now, so I can have that jury back, HHJ Nicholas Chambers QC had ordered in the first place?"

I had been using two walking sticks but pain relief on Morphine and Dichlorfenac seemed to be almost as good, for me, on one, unlike before and the high chair from late ex-mother-in-law, left in court each day, definitely seemed to ease the pain. Referred pain down the inside of my leg is quite another story. It was wicked, sometimes, like a stiletto knife being stuck right into the medial aspect of my left knee joint and slowly being twisted. Recent assault, being pushed down some stairs in the Crown Court, did not help matters with a possible small fracture, now, within an already worn out right ankle [see photo gallery] from the 70s. As test pilot for chain saw engines strapped onto aging hang gliders, the original, post Bleriot, microlite but not allowed wheels, you had to run, fast! One summer's day, off a Dorset cliff, near Golden Cap, Lyme Regis, I appeared to run out of height, airspeed and ideas, all at the same time but a perfectly timed parachute roll definitely saved my life.

Apparently, the 'stolen cheques' incident, to be thrown out, had been heard earlier, but I must have missed it. There had been new evidence, only this week, that Barry police still refused to disclose crime reference numbers, in sensitive incidents and the two thieves have never been interviewed despite the address of one, now, is known to the South Wales Police. Trying to serve a position statement prepared before the hearing, predicting its outcome turned into a Whitehall farce. With the case adjourned due to my ill health, His Honour refusing to hear from Dr Tegwyn Williams re summoned, at still more expense, to give evidence of his findings, the court, again, gave me various e-mail addresses, all of which bounced as we waited in the court lunch hour.

My phone call to Germany for Sabine to fax it to the court [see DOWNLOADS ] also went pear shaped, for despite unpacking her newly arrived fax machine she e-mailed back to say sorry, no telephone cable obtained in time. So my 23rd September written preliminary legal argument arising, asking for a Jury Trial and/or joining Action 4, now more and more evidence is being leaked by the police of a conspiracy could not be served on the court by 'close of play'.

The Royal College of Veterinary Surgeons damages Claim had been thrown out that morning, my being handed the notice at lunch time, despite my numerous attempts to communicate, some succeeding to court, to college, to their lawyers and via my sister, that an adjournment was requested following the trial judge's ruling that the trial, hearing evidence, was adjourned for months until my hip was sorted. I reminded Meirion and Guy this was, no doubt, because my application, to practice veterinary surgery, had now reached the HM Privy Council for hearing with compelling legal argument that the HM College had acted 'ultra vires, and was yet another typical move of HM Partnership.

Dr Tegwyn Williams, meantime, on the 2nd floor of the same building as us, had NHS lawyers frantically pleading to have the 'bus fares' claim to Caswell Clinic, four times, to also be struck out! Guy, I have since found out legged it up the stairs, after lunch, just in time to tell the court, Maurice had been phoning, e-mailing all week wishing to do a bit of pre action protocol but Graham Miles, Morgan Cole, could risk losing his lucrative hour in court billed at £1,800.

But where is my shot gun licence renewal, from the new Chief Constable and damages judgment, applied for, for its delay? No, of course not. Just as with the judgment for £50,000 against HM prison, any idea in a HM settlement to a 'litigant in person', to no fault of his own, would be quite out of order.

Merion, Guy and court clerk spent ages in the lunch hour, of the 10th day of the trial, trying to serve this Download Legal Arguement and Position Statement off my computor to various court e-mail addresses. Even Meirion using my computor but his e-mail address also had my document bounced back...dirty behaviour by HP Partnership being 'occassioned.....I now have it in note book so, once again I will cut and paste , send to the Defendant's solictors and ask them if they can get it before the trial judge first thing on Monday morning!

IN THE CARDIFF COUNTY COURT

CASE NO. BS 614159-MC65

CF101741

CF204141

BETWEEN

MAURICE JOHN KIRK

Claimant

and

THE CHIEF CONSTABLE OF SOUTH WALES POLICE

Defendant

Issues arising from 22 September 2010 Hearing

in Defendant’s Application to ‘Strike Out’ only Some Points

Already Successfully Appealed

The Claimant again brings reminder that five incidents have already been reinstated on

Appeal, before HHJ Jack QC, following previous finding to „strike out‟, 12 years ago, in

Bristol, with current QC instructed. 1st Action para 8.4,and 8.8 now need to be reinstated in

current proceedings following Defendant conduct since 19.5.1998.

HHJ Jack QC used, in Swansea Appeal, his decided „reinstated incidents‟, to refuse a Trial

by Jury as case now, „document heavy‟, following Defendant‟s successful appeal against HHJ

Nicholas Chambers QC ordering there will be a Trial by Jury, pursuant to Claimant‟s 1993 original

specific instructions, to his now sacked solicitors, Bobbetts Mackan, Bristol. Instructions included, "I

will prosecute police only if I am promised a civilian jury".

Court of Appeal sat on papers for 17 months before Lord Thomas ruled appeal was „out of

time‟ despite Swansea Court Appeal documents had been lodged and date stamped within 21 days.

HM Court Service stated Royal Courts of Justice tape was „corrupted‟ and therefore could not be

transcribed for House of Lords and European Court.

‘Duty of Care’ not to act recklessly or maliciously – Negligence.

The Defendant ignores the Claimant‟s explanation at the opening of his interim - preliminary

Skeleton Arguments, that this case being a most unusual and extreme case while Chief Constable

Page 2

knew, early on, that there was a problem of police acting maliciously or abusing their power and that

the Chief Constable failed to intervene. The Court can take the view that a „Duty of Care‟ exists.

Therefore, for the above reasons, and many more reasons, all actions and inaction by the

Defendant can be actionable. All actions, inaction and events need to be explored in a full hearing of

the facts. The case, bluntly, is „fact sensitive‟ and requires both MAPPA surveillance information and

all crime reference numbers, for each incident relating to the Claimant, to be disclosed now.

Events normally inactionable, can be actionable as part of a trend.

To prove intent, malice, bad faith, state of mind and motives, it is necessary to look at the

long term trend and all of what occurs, including the 4th Action, needing now to be joined, being a

selection of incidents of Defendant conduct, during the time period of the first 3 Actions and also

identifying South Wales Police misfeasance/malfeasance both before1993 and after 2002. 4th Action

contains more police incidents than all other 7 Actions put together.

Actionable - even if Convicted

For many reasons including the arguments in all the points above, the Claimant believes it is

highly improper of the Defendant to seek to imply that if errant Police, abuse their power to convict

someone in the Criminal Courts that there is no opportunity to use the Civil Courts to show that

conviction was unsound and/or was achieved by malicious and/or dishonest behaviour by some

Police. (ECHR Article 6)

Page 2 of 2

Remedy can be by a blend of the Court Ruling on Facts and Compensation.

Compensation is not the only way for the Court to provide Remedy. Needed Remedy can be

achieved by this Court examining all the Claimant brings before the Court, where even oblique

comment by his Honour in a written Judgement can allow substantial Remedy for the Claimant.

Considering all the facts can protect the Claimant‟s present and future fundamental human

rights ECHR Article 2, ECHR Article 5 Liberty when no charge is ever brought, ECHR Article 6 Fair

Trial. Also hearing all the facts can explore issues to protect the future rights under ECHR Article 8

The Claimant is too unwell to follow and respond to Proceedings at Present, and in desperation
uses passing comment or legal terms given by other Litigant in Persons.

Page 3

10.

The Claimant is not presently well enough to learn, understand or to explain legal arguments,

but rather is given some legal points or phrases to use by other litigant in persons who are preparing

their own cases at home, and are not present at Court.

Acting in person, when most unwell, and the Overriding Interests of Justice & What Law and

Facts are included in the Case.

11.

It is implicit in what has occurred that the Claimant needs to make amendments but that the

Claimant has not been well enough to make changes that he wishes to the Particulars of Claim. The

Claimant has not yet finalised and completed the Skeleton Argument for use by the Court, and so only

submitted interim/preliminary Skeleton Arguments. The Claimant needs to be well enough to learn of

legal matters and think through what he writes as Amended Particulars of Claim and Skeleton

Argument.

Prematurity of Defendants Application to ‘strike out’ should not interfere with the Claimant’s

rights Application to Amend and Update.

12.

The Claimant believes that the prematurity of Defendant‟s Application to Strike Out should

not interfere, with Claimant right to submit Amendments to Particulars of Claim and a final version of

Skeleton Arguments, when his health recovers.

Prematurity can be reason to dismiss all of Defendant’s Application to strike out.

13.

Prematurity can be a part reason to dismiss Defendant‟s Application to Strike Out.

Wording and Meanings can be Implicit and Explicit.

14.

The Claimant believes that especially when the Claimant acts in person, that case law allows

the Court to take the obvious intended meaning as opposed to a need for the Claimant to have

continuously explicitly stated a meaning.

Endlessly Irrelevant Case law present by the Defendant’s lawyers.

15.

The Claimant believes the Defendant‟s lawyers are endlessly presenting irrelevant case law or

irrelevant themes. In larger, more extreme and serious cases like this what the Defendant argues does

not apply. The Claimant is aware this can be tactic to cloud matters, to increase further unnecessary

costs when no real Defence to the claim exists.

16. This list is not exhaustive

Page 4

23rd September 2010

Position Statement of 22nd September 2010

Kirk v Police 3 cases

CF101741 etc

Kirk v HM Prison case

CF02893 for judgment

Kirk v Police re gun licence 9CF for judgment

Kirk v Dr Tegwyn Williams 0CF03922 for medical records

Trial Day 9. 22nd September 2010

On a taxing day, when no one else could come and give moral support, the QC worked his

way through the incidents considered, carrying 'no cause of action' and adjourning in the

afternoon for reconvening at 11am Friday 24th. Maurice had no files or paper to write on and

appeared only armed with a pair of NHS issued crutches, somewhat reminiscent of James

Fox in 'The Day of the Jackal'.

From what Maurice heard from those who did attend, on his behalf, on Monday, (Jim,

Caspar, Meirion and Guy), all the law being argued, in his absence, reflected little on an

unusual case of years of malicious prosecution, failed criminal trials, obvious inactivity over

40 odd incidents of theft, arson, burglary and assaults etc, suffered by Maurice, with his

incapacity to attend and comprehend having already been ruled upon. At least, his absence

allowed him some rest.

Maurice attended with the hope MAPPA 'executive summaries', hurriedly 'modified', a few

earlier, by Dolmans' solicitors, would be released to Judge Phillips by 4pm dead line, dealing

with the £50,000 judgment against the HM Prison, to show MAPPA surveillance was not only

clandestine, but also contrary to Articles 1, 5, 6, 8 etc of the ECHR 1948 Convention. He

failed.

Maurice was only in court in order to try, again, to get custody videos showing assault by

police, ordered by numerous Crown Court judges since 2000. He failed.

Maurice was only there in order to apply, yet again, that the police disclose crime reference

numbers for all his police incidents in his seven Actions lodged in court against the police.

He was, again, refused.

Maurice was only there to obtain the promised judgment of Monday against the Chief

Constable, for delaying the renewal of Maurice's gun license and, later, fire arms certificate,

both having been denied as having ever existed, by South Wales Police, when on oath

before the 'machine gun' jury, earlier this year all relevant to the overall complaint of

misfeasance/malice and false imprisonments.

Maurice was only there to obtain the Crime Reference number for this Friday's coming

argument on the incident of, 3rd Action para 3, 19th September 2001 complaint re theft and

Page 5

cashing of cheques from his Veterinary Hospital, Barry, by Adam Baker and Christian

Harrison, both still 'at large', living in Barry. Despite positive identification by Mr Shaft of

Cash Generators, Holton Road, Barry, caught on CCTV and with both culprits with 'form',

having cashed, already £1500 on Maurice's cheques, whilst he was flying his cub to

Australia, neither have even been either interviewed or arrested.

Maurice has the £20,000 reward running for their whereabouts, with terms of the deal having

been used by almost all 10 Cardiff Crown Court judges, in 2009, to ensure Maurice

remained locked up for nearly eight months unconvicted. The £1000 cash offered to

Margaret in the Barry Post Office, recently, will assist police locate Adam Baker's current

whereabouts but Maurice is not holding his breath.

The history of Maurice trying to obtain crime reference numbers is legendary needed, of

course, to identify and call, as witnesses, in rebuttal to the clear lies in certain, not all,

Dolmans prepared police statements. Barry Police Station received a list of crime ref

numbers in his 4th October 08 letter requesting 'progress' in each, for his 4th Action and for

this 24th September ,Friday's hearing .

Maurice received no information at all, on crime reference numbers that caused Judge

Nicholas Chambers QC, in November 2008, ordering Barbara Wilding to write an

unequivocal sworn affidavit that Maurice had received full disclosure on the matter. She

refused.

So, this Tuesday evening, Maurice visited Barry police station to lodge a statement of

complaint, as he had seen both thieves in the centre of Barry. Police sergeant John refused

to release a MG11 form, Maurice's proposed police statement for court but accepted

Maurice's hurried alternative statement of complaint, written in the foyer, whilst being kept

waiting for over an hour in his futile belief the crime would now be investigated.

Ah, but Dolmans were five steps ahead, not like the usual twenty five, back in the 90s. The

gap was narrowing.

Today, Sgt John and three more police officers, Sgt 97, Tumalty, Ms Sherin and clerk at

counter, during another hour wasted for Maurice, on three different computers, this time,

searching four methods of 'preservation of evidence', also 'failed' to find any record, AT ALL,

of the incident the QC will be attempting to have removed on Friday,. his argument will be

'no duty of care, ' needed, no 'cause of action' disclosed by Claimant with the mere

suggestion of police 'malice' and 'misfeasance' kicked well into touch!

Maurice's hour in the police foyer was not quite all wasted. He was able to read MAPPA

regulations and how Barbara Wilding and now, Peter Vaughan, current Chief Constable, had

driven a 'coach and four' through, not just the Human Rights Act but also section 6 etc of the

current MAPPA regulations, instigated only by them, admitted last year, to interfere with

these civil proceedings for personal gain.

Maurice's previous attempts to obtain the full disclosure of each of the 100 odd police

incidents , now cited in the Seven Actions for damages, by first obtaining crime reference

Page 6

identification, to cross reference 3rd party interests, eg CPS, Borough Council, Probation

and Caswell Psychiatric Prison etc, have always been blocked.

Blocked because covert police surveillance, prior to MAPPA legislation and after, had

caused the 'most sensitive' incidents, in 'Particulars of Claims' for court room deliberation,

having been 'ring fenced' for only the most senior of police officers and removed from all files

in normal use for the 'routine detection and prevention of crime', to 'apprehend and

prosecute' the villains or to 'preserve evidence'.

Friday morning could be interesting with Dr Tegwyn Williams facing Maurice's damages

claim, for falsifying medical records, starting on the 2nd floor, while his past mistress and

now, current master will be carrying on their defence, for many years of premeditated

criminal conduct, on the 4th floor. Judge Phillips will be examining the content of this

document and MAPPA executive summaries, if His Honour Judge Seys Llewlyn QC

releases them to him, he so far, having refused. And, of course, the judge may order the

Defendant to release the custody videos and pass judgment on the Chief Constable’s

deliberate avoidance in defending the gun licence claim for fear of further incriminating

himself.

Who knows, both Barbara Wilding and Dr Tegwyn Williams may even answer to their

witness summonses.

22nd September 2010

Trial Day 9: Position Statement

SabineKMcNeill — Thu, 23 Sep 2010 10:59:00 GMT

Trial Day 9 22nd September 2010

On a taxing day when no one else could come and give moral support, the QC worked his way through the incidents, considered carrying 'no cause of action' and adjourning in the afternoon for 11am Friday 24th. Maurice had no files or paper to write and appeared only armed with a pair of NHS issued crutches, somewhat reminiscent of James Fox in 'The Day of the Jackal'.

From what Maurice heard from those who did attend, on his behalf, on Monday (Jim, Caspar, Meirion and Guy) all the law being argued reflected little on a case of years of malicious prosecution, failed criminal trials, obvious inactivity over 40 odd incidents of theft, arson, burglary and assaults suffered by Maurice or that his incapacity to attend and comprehend. At least it gave him some rest.

Maurice attended with the hope MAPPA executive summaries, hurriedly written, two weeks ago by Dolmans solicitors, would be released to Judge Phillips dealing with the £50,000 judgment against the HM Prison to show MAPPA surveillance was not only clandestine, but also contrary to Articles 1, 5, 6, 8 etc of the ECHR 1948 Convention. He failed.

Maurice was only there in order to try, again, to get custody videos showing assault by police, ordered on numerous Crown Court judges, over the years since 2000! He failed.

Maurice was only there in order to apply, yet again, that the police disclose Crime reference numbers for all his police incidents in his seven Actions lodged in court against the police. He was refused.

Maurice was only there to obtain the promised judgment of Monday against the Chief Constable, for delaying the renewal of Maurice's gun license and, later, fire arms certificate, both having been denied having ever existed, by South Wales Police, when on oath before the 'machine gun' jury, earlier this year.

Maurice was only there to obtain the Crime Reference number for this Friday's coming argument on the 19th September 2001 theft of cheques from his then Veterinary Hostal, Barry, by Adam Baker and Christian Harrison, still at large, living in Barry. Despite positive identification by Mr Shaft of Cash Generators, Holton Road, Barry, caught on CTV and with both culprits with 'form', having cashed, already £1500, neither have even been interviewed, let alone arrested.

Maurice has the £20,000 reward running for their whereabouts, with terms of the deal having been used by 10 Cardiff Crown Court judges, in 2009, to ensure Maurice remains locked up.

The history of Maurice trying to obtain crime reference numbers was to identify and call, as witnesses, in rebuttal to the clear lies in certain, not all, Dolmans prepared police statements. Barry Police Station received a list of crime ref numbers in his 4th October 08 letter requesting progress report, primarily for his 4th |action. Maurice received no information leading to Judge Nicholas Chambers QC ordering Barbara Wilding to write an unequivocal sworn affidavit that Maurice had received full disclosure on the matter. She refused.

So, on Tuesday evening, Maurice visited Barry police station to lodge a statement of complaint, as he had seen both thieves in the centre of Barry. Police sergeant John refused to release a MG11 form, police statement for court, but accepted Maurice's hurried alternative, written in the foyer whilst being kept waiting for over an hour in his futile belief the crime would now be investigated!

Ah, but Dolmans were five steps ahead, not like the twenty five, back in the 90s.

Sgt John then and three more police officers, during another hour wasted for Maurice, on three different computers and four methods of preservation of evidence, failed to find any record AT ALL, of the incident the QC will be attempting to have removed on Friday, in 3.2 of 3rd Action as having 'no duty of care, 'no cause of action' with 'malice' kicked well into touch!

Maurice's hour in the police foyer was not all wasted. He was able to read MAPPA regulations and how Barbara Wilding and now, Peter Vaughan, current Chief Constable had driven a 'coach and four' through, not just the Human Rights Act but section 6 etc of the MAPPA regulations, instigated only to interfere with these civil proceedings.

Maurice's previous attempts to obtain the full disclosure of each of the 100 odd police incidents , now cited in the Seven Actions for damages, by first obtaining identification to cross reference 3rd party interests, eg CPS, Borough Council, Probation and Caswell Psychiatric Prison etc, have always been blocked, because MAPPA had caused the 'most sensitive' incidents, in Particulars of Claims for court room deliberation, having been ring fenced for only the most senior of police officers and removed from all files in normal use for the routine detection and prevention of crime, to apprehend and prosecute the villains or to preserve evidence.

Friday morning could be interesting with Dr Tegwyn Williams facing Maurice's damages claim, for falsifying medical records on the 2nd floor, while his past mistress and now current master carry on their defence for criminal conduct, on the 4th floor.

Why Maurice is in Court

SabineKMcNeill — Tue, 21 Sep 2010 14:18:00 GMT

Summary of Trial Kirk v South Wales Police

Maurice suffered countless time consuming and expensive incidents instigated by the police, in the early 90s, until, in 2002, when police complaint achieved his name being removed from the veterinary register. Very little harassment has taken place, since that date, until the 10 current week trial date was fixed in early 2009 when 'all hell let loose'.

Maurice lays claim that his high rate of success, approximately 90%, in the criminal courts and apparent unheeded complaints, for the police to investigate properly an excessive number of crimes committed against him, his family and his veterinary practice, during that same period, are all down to police 'special treatment' reliant on 'targeted malice' and numerous 'false imprisonments' all condoned by the most senior of police officers, in his locality, the Vale of Glamorgan.

Maurice has now started the trial with substantial unequivocal evidence, before the Cardiff County Court, for appropriate damages but with the outstanding problems from the scandalous 'machine gun trial', earlier this year and years of MAPPA covert police surveillance and falsified medical evidence before ten Crown Court judges, to oppose his bail. Police failure in stopping that criminal trial means there is now a vast quantity of 'failed disclosure' of evidence remaining under the control of the current Chief Constable.

Maurice has been deemed 'medically unfit' by his local GP and several England based doctors, accepted by the court, to proceed with the trial, to no fault of his own because 'authority' continues to refuse to 'put its hand up' over falsified medical evidence, tendered by the police and Crown Prosecution Service, at the 2nd December 09 Crown Court hearing, in their last ditch attempt to send Maurice to a High Security Psychiatric Prison, IPP, 'Imprisonment for Public Protection'. Or should it have read 'Police Protection'?

But Maurice was to continue attending the 9th Day of the trial, on Wednesday, 22nd September 2010, whilst on Morphine Sulphate and numerous other medication, due to the delayed 'total hip replacement' operation, urgently needed, as he has been warned the case will continue without him.

Rough Notes from 20th September 2010 Trial on 'Law'

(from Maurice's son during his absence)

Police QC, "misfeasance in a public office is a path Mr Kirk could/should have pursued"

Strasbourg case law - osman

"deliberate failure & wilful neglect"

Birmingham 6 - you must be joking. Using one of UK's most famous micscarriages of justice as an argument to wilfully repeat it, I'm sorry is that even an argument. It was even quite extraordinary to hear the Police QC actually call the men "murderers" in court in 2010 when they were cleared 19 years earlier. He continually referred to the now discredited proceedings of 1981, in front of Lord/Judge Diploc (he of such fame in Ulster), citing how these were paragons of good process to which this judge should emulate now. I thought it was bad enough when he kept citing Lord Bingham whilst in the same breath stating how his opinion was the minority one, the one to which he was overuled/out voted by his Law Lord peers but this is in a different league..

Police QC "Our argument is Mr Kirk has no case because when 6 men were tortured into confessing to a crime they didn't commit 30 yrs ago, it was all good practice for their trial judge to disregard these claims and declare the confessions sound evidence, in the spirit of administering a coherent system of justice and protecting it from potential disrepute being the dominant imperative" [ Josef Stalin could construct a better argument than that].

So after all the nonsense of many hours monotone diatribe spread over 2 weeks the judge only had one question.

Trial Judge, "But are there no indications as to what might constitute a truly exceptional case?"

to which the Police QC responds " No Your Honour"

which begs question (or what we hope the judge is thinking)..... then why did you impose this lengthy, irrelevant onslaught of verbal diarrhoea upon us all if none of it addresses the central tenet of contention as highlighted by a single utterence form the Judge. Who pays for all that wasted time?

Not sure what all the nonsense about the US Federal Tax Commisison case was about, kinda wrong jurisdiction. Jim listened to that, I was dozing.

Caspar