Latest News : Hunger Strike

Remanded in Cardiff Prison Until December

Pie2211 — Tue, 27 Oct 2009 11:24:00 GMT

Maurice has been remanded to Cardiff prison until 4/12/09 when he will be heard by another judge over his fitness to plead.

Rapport final par Dr Tegwyn Williams

Pie2211 — Thu, 22 Oct 2009 09:12:00 GMT

Maurice Kirk laisse paraître à Cardiff Crown Court de nouveau le lundi 26 Octobre 2009, énumérés à 10h, mais vérifiez auprès de l'Office Listing Cour le vendredi (Tél: 02920 678 760). Il a lu au téléphone depuis la page 11 Rapport final par Dr Tegwyn Williams. (Maurice n'est pas autorisé à envoyer des copies à ses avocats ni à sa famille, par tout moyen, lettre, fax ou courrier). Il affirme également le rapport contient au moins 20 graves erreurs de faits. La conclusion du rapport est que Maurice a une lésion cérébrale incurable et que personne ne peuvent encore rien faire pour lui.

Para. 39 comprend les mots: Si le tribunal souhaite un second avis, elle envisage d'instruire un psychiatre de l'hôpital de haute sécurité afin d'évaluer que Maurice Kirk à la fois commence un traitement, et aussi dans quel environnement que le traitement doit avoir lieu". Para. 40 dit: Maurice Kirk peut retourner au tribunal pour tout acte de disposition que le tribunal juge opportun."

Court Appearance Delayed and New Pysch Report

Pie2211 — Thu, 01 Oct 2009 11:04:00 GMT

Maurice's court appearance has been delayed to 2pm today.

Also latest Caswell pysch report has been published in downloads.

This is the one that will be presented to the judge today. It is now suggesting that Maurice is mentally FIT for trial but NOT FIT enough to represent himself in court due to brain injuries sustained in air crashes and that he should be detained for a further 28 days.

???

Cardiff Crown Court Demonstration

Pie2211 — Mon, 28 Sep 2009 14:06:00 GMT

Police have said they will arrest anyone who demonstrates outside Cardiff Crown Court on Thursday 1st October where Maurice Kirk is due to appear to decide whether or not to detain him indefinitly under psychiatric observation.

Maurice Sectioned for a Further 28 days

Pie2211 — Thu, 03 Sep 2009 14:12:00 GMT

At what was recorded on court documents today as a plea, management and bail application hearing Judge Vesper upheld a request by Caswell Clinic doctors to keep Maurice sectioned for a further 28 days without opportunity for bail. Maurice asked for bail at the hearing, but was refused. He also asked to be returned to Cardiff Prison in order to collect his legal documents and was refused.

The doctor's report justifying his being incarcerated for a further 28 days under the mental health act will be published here at a later date as will the court transcripts on Maurice's request.

Documents Posted - Download Section

Pie2211 — Mon, 31 Aug 2009 15:49:00 GMT

Maurice has asked for the following documents to be posted to the downloads section of the site.

You can view them from the MOST RECENT tab here:

They are listed as follows:

http://www.kirkflyingvet.com/PDFs/SWPolice_SummaryOfEvidence.pdf
South Wales Police Summary of Evidence document

http://www.kirkflyingvet.com/PDFs/Interview Statements_Transcripts.pdf
Interview transcripts and statements

http://www.kirkflyingvet.com/PDFs/Letter_SWPoliceSolicitors_170609.pdf
Letter to Dolmans solicitors

http://www.kirkflyingvet.com/PDFs/CPSDocument_CardiffCrownCourt_220609.pdf
CPS document

http://www.kirkflyingvet.com/PDFs/Letter_CardiffCrownCourt_230609.pdf
Letter to Cardiff Crown Court

http://www.kirkflyingvet.com/PDFs/Letter_PossesionMachineGun_010709.pdf
Letter concerning possession of Lewis machine gun

http://www.kirkflyingvet.com/PDFs/ComplaintForm_Cardiff Prison_030709.pdf
Cardiff prison complaint

http://www.kirkflyingvet.com/PDFs/Letter_Airweld_MGun130709.pdf
Letter from Airweld concerning Lewis machine gun

http://www.kirkflyingvet.com/PDFs/Letter_CardiffPrison_2407090001.pdf
Letter to Cardiff Prison

http://www.kirkflyingvet.com/PDFs/Letter_PrivyCouncil_RCVS_260709.pdf
Letter concerning Privy Council and Royal College of Veterinary Surgeons

http://www.kirkflyingvet.com/PDFs/Letter_JudicialComplaints_050809.pdf
Letter containing list of Judicial complaints

http://www.kirkflyingvet.com/PDFs/PoliceReasonsForRefusingBail_070809.pdf
Reasons for refusing bail by the South Wales Police

http://www.kirkflyingvet.com/PDFs/Letter_ForBailApp_080809.pdf
Letter supporting bail application

http://www.kirkflyingvet.com/PDFs/Letter_BailApplication_100809.pdf
Bail application

http://www.kirkflyingvet.com/PDFs/Letter_CaswellClinic_1408090.pdf
Letter from Caswell Clinic

http://www.kirkflyingvet.com/PDFs/Letters_toCPS_220809.pdf
Letter to the CPS

http://www.kirkflyingvet.com/PDFs/Letter_ CardiffCrownCourt_260809.pdf
Letter to Judge, Cardiff Crown Court

http://www.kirkflyingvet.com/PDFs/Letter_ReasonsBehindArrest_260809.pdf
Letter explaining perceived reasons for arrest

http://www.kirkflyingvet.com/PDFs/Letter_3rdSep09tHearing_280809.pdf
Letter concerning 3rd September court appearance

http://www.kirkflyingvet.com/PDFs/JudicialReviewApp_280809.pdf
Judicial review application

http://www.kirkflyingvet.com/PDFs/RCVS_LawStatement_SF_Moore_BA.pdf
Statement of the law by S.F. Moore BA

http://www.kirkflyingvet.com/PDFs/Correspondence_PatrickCulinane.pdf
Various correspondence to the press by Patrick Culinane

Court Transcripts

Pie2211 — Fri, 28 Aug 2009 10:48:00 GMT

Transcripts of Maurice's numerous court appearances at Cardiff Crown are now available in the download section. Please click here.

These cover proceedings from 25th June to 30th July regarding his arrest and incarceration just prior to him about to take South Wales Police to court over long term harrassment.

Further transcripts are due to be sent over and uploaded.

Laptop, Conjugal Rights & New Charges

Pie2211 — Tue, 25 Aug 2009 10:58:00 GMT

Maurice has been in touch by phone to say he's being refused access to his legal papers, stamps and money in order to begin building a defence for himself in time for the court hearing on September 1st. He also asked Caswell Clinic to allow him his conjugal rights. They refused that, too. Some of what he needs (for the defence) is being held at Cardiff Prison, but they won't allow him to have it transferred to the clinic. His laptop has been brought in by his wife, but he is being refused access to both.

By the time his 28 day evaluation is up (in which he fully expects to be given a clean bill of health) it will be too late for him to mount an effective legal defence against parties with all the time, power and resources they have at their disposal.

A new charge against Maurice in addition to those due to be heard at the September 1st court hearing has been added to the original charges - count 1 possession of a firearm without a license and count 2, selling or transferring a firearm without a license.

To these count 3 will be added - possessing criminal property, contrary to sec 329(1)(C) of the proceeds of crime act 2002. Maurice John Kirk between the 1st of January 2008 and 23rd June 2009 possessed criminal property namely £2,000 knowing or suspecting it to constitute a person's benefit for criminal conduct.

Caswell Clinic is only allowing him one phone call per day, but any people with information or advice that could be of help (for the defence) can reach him on 01656 753081.

Hunger Strike Ended

Pie2211 — Wed, 12 Aug 2009 11:26:00 GMT

On Saturday 8th August because of the effect on his wife and daughter and the changes in his circumstances since Friday's court hearing, Maurice has come off hunger strike. However, he is refusing all medication and will only eat food brought in by wife and friends and only drink tap water.

Legal proceedings have been instigated in regard to Maurice's inability to gain a bail application without the aid of a lawyer. The basis of which forms around the following past attempts:

On the 6th July bail hearing as witnessed by Maurice's son Alex, the judge refused to hear any applications. Maurice was presented via video link and was cut off before he could appeal the decision.

"The prison told me later that that he was the first person to attempt to apply for bail on the video link unrepresented" he says.

16th July, Judge N. Cooke was informed that the prisoner had refused to appear for that day's hearing. Maurice refutes this. On being informed of the court appearance, he asked the prison what it was about, so that he could make legal preparations. The prison informed him that it was not a court hearing and that if he wanted more information, he was to talk to his barrister via video link.

"This was both pointless and inaccurate advice. I did not have a barrister for one and as it turned out it was a court hearing," he says.

Maurice on hearing the news that he's missed a hearing, barricaded himself in his cell until he received, in writing, a proper explanation of what was going on.

30th July hearing: Maurice enquired of the prison regarding this hearing and was told "that it was none of his business."

7th August: a hearing to decide whether to allow a section 35 be applied to Maurice Kirk, took place at Cardiff Crown Court. The CPS were very surprised to hear that Maurice was in court for this one. It seemed they expected the decision to go through unopposed. Unfortunatley Maurice was unable to mount an effective defense since he had not been given, as requested, a copy of the psychiatric report until actually arriving at the court a few minutes earlier. Judge Llewellyn Jones approved the request that Maurice be sectioned and refused to allow Maurice's wish that the author of the report be brought into court on oath.

Maurice has been unable to defend himself at each turn of events. The courts and the prison service, it seems, do not recognise a prisoner without a lawyer present. Hence his application for a writ of habeas corpus.

Report From Court 5

Pie2211 — Sat, 08 Aug 2009 11:10:00 GMT

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.