In Cardiff Crown Court at 12.30pm it was announced by the court recorder that Maurice Kirk was in the building. This caused much surprise and consternation amongst the CPS legal team, since nobody, it seemed, expected him to appear. A thick red book was brought out, so that they could hastily check up on the details of section 35 of the mental health act. It was discussed whether the judge would want to see Maurice or send him back to his cell. The recorder was sent to broach the subject with Judge Llewellyn Jones.
Judge Jones, it seems, is a brave man. He agreed to see Maurice and allow him his time in court. Eyebrows were elevated all round.
Maurice was eventually summoned, appearing in a black www.kirkflyingvet.com t-shirt and prison tracksuit bottoms. He looked very gaunt and had to be assisted to his place by the prison guards. Sporting the same grey beard that he'd cultivated when under FBI guard in Texas last year, he was able to acknowledge us with a quick wink.
Maurice argued that the
psychiatric report submitted by Dr Tegwyn Williams, although dated 3rd August,
was based on an assessment (or lack of one) carried out earlier (23rd July).
Maurice requested/demanded that Dr Tegwyn Williams confirmed his opinion under
oath in court. Maurice clearly thought that today's hearing was to be a bail
application rather than a hearing, during which he would be sectioned. He made
it clear that he would continue to refuse food in protest.
Maurice put forward his case
forcefully: anyone who knows Maurice would recognise that, although physically
weak, his mental faculties are functioning normally. Despite not being given a
copy of the psychiatric report until his arrival at court, he was well able to
quickly assimilate, process and objectively discuss its content. Unfortunately
his frustration at his incarceration was evident. He queried why, considering
that he is not the only person to have possessed the Lewis machine gun during
its history, he is the only person to have been charged.
Maurice was removed directly to
Caswell Clinic for a period not exceeding 28 days. He can arrange an
independent psychiatric examination and report at his expense. We would prefer
him to be moved to a facility outside this Health Authority. We are looking
into a mechanism by which we can appeal today's order.