Legal Battles : South Wales Police, Dr Tegwyn Williams

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

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

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

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

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

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

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

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

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

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

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

10. Quotes from 8th Oct 2010 County Court Judgment

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

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

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

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

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

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

Racially Aggravated Threat Trial Starts Today

Maurice Kirk — Wed, 06 Oct 2010 06:32:00 GMT

HM Crown Prosecution are still refusing to hand over my Dr Tegwyn Williams medical records, used on the 2nd December 09, to keep me locked up. Now they affect my trial today, in Barry magistrates, see here. All the HM courts are now blocking my e-mails and I have received a letter from HM Partnership stating I am not allowed to enter any civil or criminal court in South Wales at all, without prior written consent.

Well, past invitations to court have never, actually, been a great thrill, but just how else am I expected to do my target practice now? On a machine gun range?

Last minute invitation by Judge Seys Llewellyn QC results in 15 pages to Court this morning

Maurice Kirk — Mon, 04 Oct 2010 13:29:00 GMT

Friday night I received the email with the invitation to provide a "further submission" by Monday morning 10.30am. What a way to determine the agenda for a weekend in Brittany!

Well, the outcome was "angelic": the input from McKenzie Angels who contributed to these 15 pages. What difference will they make?

We can only hope that the 4 leaked pages will catapult the Defendant into constructive action rather than perpetuate "verbal diarrhea" as my son called it, when he observed what went on in the courts. He actually wrote down "Birmingham 6 case!!! Trying to use processes later found to be corrupt & improper as a basis to strike out this case, must rate as one of the most incompetent arguments I ever heard!..."

Mes voisins have invited me 'on quad and sticks a la foret, demain, to search for the elusive cepes et chanterelles fungi pour oeuf method chez Maurice... Who wants to go back to Wales when tomorrow, the Long Eared Owl, tooting from my barn or that wild boar, caught on my lawn, defecating again, will cause me to wake from my slumbers, only to wander down to the lake and catch a fat carp for lunch and supper?

Leaked Police Report on MAPPA Meetings to Kill Claimant - Contrary to Basic Human Rights!?

Maurice Kirk — Sat, 02 Oct 2010 14:34:00 GMT

Here is just the beginning and here is my shaky speech in the House of Lords meeting, just after my lucky escape, of just why I could not divulge, last year to my family and friends, my defences when charged with a mandatory ten year minimum prison sentence or an Imprisonment for Public Protection [IPP], for life, in a High Security Psychiatric Prison........ Your comments would be greatly appreciated!

In December 09, my London solicitors had written to the police HQ, to MAPPA Co-ordinator, Nigel Rees, who confirmed MAPPA categorisation. The delay in my arrest that followed, around two weeks, was deliberate with the hope I would again make a lawful approach to the Chief Constable, thus allowing police sniper fire to do the rest. There is much video of the incident that sparked all this off. All this police activity, caught on video, but the Crown Court trial judge, Paul somebody, because it was like something out of "The Keystone Cops" blocked it from the jury, following my application for disclosure. Scenes includeded, totally out ofcontrol, 'Trojan' squad of police, armed with their own machine guns, all wearing tin hats, as I attempted mutual exchange of witness statements, in the seventeen year running civil action. This was all being acted out in the inner sanctum of Police HQ, Bridgend. Quite innappropiate for a jury, the judge considered, having already refused any other police disclosure that might further reveal his small minded cabal's ultimate intention.

More Blood on the Carpet

Maurice Kirk — Wed, 29 Sep 2010 15:57:00 GMT

Back in Brittany and recovering from a scrumptuous two hour meal in the local Routier restaurant, with many friends, I open my netbook computer, on the table, to pick up my e-mails.... Replies remind me of a few days before I was arrested, last year, for 'trading in machine guns and prohibited ammunition' when I first 'went public', world wide, by video, as to how I had known, for decades, of the expensive covert police servaillance mounted on my private life, following the mysterious disappearance, in 1997, of Taunton's Chief Superintendant, Curly Hawkins'note book from his office in the police station.

That covert surveillance was to follow me to HM Guernsey and now South Wales.

Now there is about to be more 'blood on the carpet' with still further disclosure of MAPPA police records. See this post on the PR blog.

Guy writes as to whether certain police using unlicensed Taisers, recently, will suffer the same fate as I had, incarcerated in a terrifying Welsh psychiatric prison, pending a life sentence without trial?

EXTRACT FROM A FELLOW MAPPA VICTIM's ACCOUNT ON HIS HARROWING EXPERIENCE

Dafydd Morgan from Aberystwyth writes, "Exactly the same scenario is now developing at Cardiff Crown Court, where Maurice Kirk is bringing up matters and instances that South Wales Police and their Dolmans Barristers are getting extremely angry and frustrated, as they have not the first clue as to what Maurice is talking about. This, in reflection to my own case, mirrors the same scenario where the Police and IPCC have gone out of their way to bury our complaints and we have reached the point where Maurice, myself and many others throughout the International community have the paperwork and the Oppressive Authority's haven't - WHY NOT?

Andy Edwards, former provisional Chief Constable of Dyfed Powys Police has deliberately gone out of his way to target Maurice Kirk, Patrick Cullinane, myself and many others under MAPPA surveillance, based on personal revenge and deeply flawed and false Police intelligence. They are acting like four year old children falling out over their toys. There are very few bright bulbs in the Llangunnor and Bridgend boxes. . . ."

MAURICE TOOK THE PROCAUTION, MANY YEARS AGO, OF SERVING, ON DOLMANS, HIS 50 ODD LEAVER ARCHED FILES OF CONTEMPORANEOUS RECORDS FOR EACH AND EVERY POLICE INCIDENT AND SUBSEQUENT CRIMINAL PROCEEDINGS, SHOULD THE POLICE EXPERIENCE, AGAIN, A SUDDEN ATTACK OF 'SELECTVE AMNESIA'.

(which is exactly why, Dolmans solicitors, drafting the 25th Feb 2009 Barbara Wilding false 'Sworn Affidavit', deny knowledge of court cases and police veterinary surgery break-ins etc causing Maurice to immediately fear for his life).

Maurice Refused Medical Records, Again, for Urgent Operation

Maurice Kirk — Tue, 28 Sep 2010 06:33:00 GMT

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 misfaesance, 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.

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?

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