{\rtf1\ansi\ansicpg1252\deff0\deflang2057{\fonttbl{\f0\fnil\fcharset0 Calibri;}{\f1\froman\fcharset0 Times New Roman;}{\f2\fswiss\fcharset0 Arial;}}
{\colortbl ;\red0\green0\blue255;}
{\*\generator Msftedit 5.41.21.2509;}\viewkind4\uc1\pard\sa200\sl276\slmult1\qj\lang9\f0\fs22 Presiding Judge\par
Civil Justice Centre\par
Cardiff\par
 1st September 2010\par
\fs28  \b Case Number 9CF02983\fs22  \par
 Maurice Kirk v HM Prison Cardiff  \b0\par
Your Honour,\par
 \par
\b\fs28 Abuse of Process\par
Oct/Nov 2009  \'a350,000 False Imprisonment Judgment against HMP Cardiff \b0\fs22\par
 \b Position Statement in compliance with 26th August 2010 Court Order for parties to produce 'skeleton argument' by 3rd September 2010\par
\par
\ul REQUEST and Reasons Adjournment. \ulnone\par
The Claimant has health difficulties and is unable to deal with the complexity of his case in a way needed by the Court. \par
Medical Evidence for Adjournment\par
The Claimant is having medical examination at present half completed and an expert doctor aims to supply a medical report by around the 7 September 2010 explaining the case for an adjournment.  \par
Imbalance in Power and asks Court to Allow a Fair Trial \par
The Claimant asks the Court to allow an adjournment bearing in mind the very substantial imbalance in power, and the Claimant\rquote s right to a fair trial. \par
 Medical opinions to court  within 4 days\par
\par
PRISON DENY SERVICE OF  CLAIMANT'S PARTICULARS OF CLAIM\par
ADMIT SERVICE  OF APPL. FOR JUDGMENT BUT DO NOTHING ABOUT IT UNTIL 2nd DEC 2009\par
\par
\ul REBUTAL TO DEFENDANTS 2nd SKELETON ARGUMENT\ulnone\par
Para 4a Proceedings served on correct Defendant as per January transcript and Judges Order, Order then drafted by Defendant without question\par
b. as above\par
c. The proceedings were recieved by Defendant but, for many months did nothing\par
 Audit trail, County Court to HM Governor to HM Treasury Solicitor ordered by HHJ Ses Llewelyn QC..... DE\'a3fendant has failed to disclose.\par
d. No, The defendant has a plethora of documentation to confirm that the Claimant , in prison, offered cheque on the first day, credit cards, on the 2nd, but no ATM machine on A wing landing, on the 3rd day,offered currency in uk stirling, US dollars and Euros, even if a little bit soiled but through out his stay with his wife at the gate, with cash, the Defendant , the Defendant, each time, refused to accept any form of  legal currency to allow him to leave the prison.\par
7. No, HHJ Nicholas Chambers QC ordered the name of HM Governor could be used and the neither Defendant, police or prison appealed the decision\par
8. correct  but 'out of time' to re draft, for no second court fee, has only now been raised. The court accepted 2nd draft of Particulars of Claim to be 'out of time'. \par
9. The Claimant was entitled to raise claim from \'a330,000 to \'a350,000 or it would have been challenged by court or either Defendant . Ist defendant has laid no complaint what so ever.\par
10. Yes, this whole shady affair is an 'Abuse of Process'. I whole heartedly agree.\par
11. no, the affidavit of current Governor is useless. He was not privy to what the previos HM Governor did or did not do or it should have been in his statement. Also he failed to disclose what I heard HHJ Seys Llewelyn QC so order to disclose, in detail, the audit trail that would show Particulars of Claim  service was correct, service of Appl. for Judgment was correct service abut these circumstances, with this particular Claimant, are unique due to the apparent overwelming concern 'authority' had for his welfare and in particular:\par
\fs28 A. the Claimant was under MAPPA (leve 3) top priority surveillance, through out the period of 'process'.\par
B. the claimant was under an ECRO (extended Civil Restraint Order) with all its safe guards in HM favour, all submissions of Particulars of Claim first to be cleared by a High court judge.\par
C. the claimant was and still is under investigation by the Defendant's lawyers, HM Treasury Solicitor, for service of a 'Vexatious Litigant' Order, so far failed, instigated by  defendant's lawyers , in the High Court, to block his exposure of the breaches  of Human Rights due to the anomilies within both the 1844 and 1967 Royal College of Veterinary Surgeons Royal Charters, currently being deliberated upon at HM Privy Council, Supreme Cout Buidings, Parliament Square, London. \par
\fs22\par
\ul Quickly and disjointed preparation of history, whilst on morphine sulphate and other mind blowiing substances, only because the Defendant continues to refuse to disclose Medical Records under the Defendant's control, thus denying an ugent operation for but one purpose, to allow HM Prison and South Wales Police  an  unfair advantage, contrary to laws.\par
\ulnone\b0 17th August 2010 HM Treasury Solicitor's 2nd Statement has 'moved the goal posts' yet again without answering to the June 2009 \b Judge's Order  to disclose the\b0  \b routine prison procedure for receiving a 'Particulars of Claim' \b0 . They argue not receiving the April 09 Particulars of Claim when the 1st Defendant, South Wales Police, did, all recorded  by Mr N Pring, manager of HM Court Service, Cardiff.\par
 Last year the Defendant admitted, receiving, in July, the \b ' Claimant Application for Judgment'  \b0 via my prison cell and the County Court as His Honour Judge Seys LLewlyn QC referred to it and so awarded a default judgment in October 09. This court needs that HM disclosure if all this is now denied.\par
The court was told that the HM Treasury Solictor believed the document, obviously sent to him by the HM Governor of Cardiff, Ms West, herself, due it not being not every week she recieved such post was part of the six year ongoing investigation into Maurice Kirk , by a vast team of Whitehall lawyers to block his progress against the Royal College of Veterinary surgeons, themselves protected under the original 1844 Royal Charter, immunity to prosecution but contrary to the 1998 Human rights Act , refusing him his right to practice veterinary surgery. [This challenge is currently before Their Lordships, in the Judicial Committe of HM Privy Council fore a hearing shortly].\par
\b\fs32 1.\fs22 This case should not progress without that disclosure of documents to which His Honour Judge Seys LLewelyn QC ordered to be disclosed and the past HM Governor giving a sworn affidavit on her knowledge of the truth. \b0 I note the current Governor's 11th june 1020 statement is irrelevant to these proceedings other than it is confirmed the records upon which he and Neill Pring must have discussed\b , after\b0  the November 09 registering of the Default judgment, clearly confident I was not going to carry on processing my entitlements under thre lawas 10 judges had been tipped off I was MAPPA level 3, with irreversable brain damage ,confirmed by South wales Police Chief forensic Psychiatrist, Dr Tegwyn \\williams and 'brain damage expert, Professor Roger Wood who also has falsified his records for His honpour Judge Bidder QC , on 2nd December 2009, to refuse mw bail HMCS had their part to play, destroy the tape of the hearing before I could obtain a transcript to my little victorian cell made of approximately 2, 224 bricks.\par
Let us not forget, 10 judges were to refuse me bail that year when Barry magistrates had, on the 24th June 09, given me unconditional bail.\par
HM Crown Prosecution and the 30 odd police sent to arrest me, were not going to divulge to mere lay judges that just two weeks before, Barbara Wilding had convened her own court , to launch a thousand helecopters, if need be, to stop Maurice using the rule of law, once and for all, to obtain ,what he naively then  believed was his right.\par
Does the South Wales judicial system really expect my web site readers to believe not one of those 10 judges had not already been officially notified as to why I was to be refused bail as a level 3 MAPPA, top 5 %, equivalent to a terrorist?\par
In your dreams. Of couse every judge had been briefed, with fase information, now directly affecting my health and capacity to fight you. I was a 'dangerous man' with 'irreversable brain damage' originating from the 2003, to date, ongoing 'enquiry' by the very same Defendants, using a team of Home Office lawyers in Whitehall, attempting to register the Claimant as a 'Vexatious Litgant'and thus bar him from any court.\par
 HM has admitted in these leaked internal memos, some already served on his Honour Nicholas Chambers QC, in this case as it was pretty obious to the Claimant and presiding judge, by now, just what HMCS really can get up to when guarenteed immunity to prosecution while  this very day, refusing my e-mails , my presence in the building, to process 14 ongoing  cases, refuse others to do for me etc, etc ie All the usual 'treacle treatment'.\par
MAPPA regulations slackened in August 09 allowing 'offenders ' some right to have knowledge he or she was even registered under MAPPA. The co defendant, in this prison case, the South Wales Police were in 'full partnership', since 8th June 009 to 17th december 2009, Maurice is being made to believe, by recent police lawyer disclosure. What utter nonsence. More  will be proved on Tuesday, 7th September, in this very same building at the commencement of trial for\b  malicious prosections , misfaesance , false imprisonments etc \b0 that could only have been achieved with the full co- operation of Prison , Probation and Caswell Clinic.\par
So why does Maurice have documentary proof, to the contrary, indicating the police were 'on there own', for their own agenda' for the prison still deny any involvment at all! HMCS , remember, insructed ,no doubt, made sure ther was no record of Dr Tegwyn Williams addressing thew December court, clearly paranoid in having me sectioned, under the 1983 Mental Health Act, to not pass GO and collect \'a3200 but to go straight to Ashworth High Security Psychiatric Prison, petentiually for life.\par
Was it just a coincidence The HM Treasury Solicitor was telephoned, on the 2nd December 09, on the very same day the prison psychiatrist, Dr Tegwyn Williams , using Professor Roger Wood's falsifed 28th September 09 medical report to Dr Ruth Bagshaw keeping the Claimant locked up below, to be told , for the first time, the existance of a claim by this Claimant for \'a350,000, eight months after original service ?\par
\b\fs32 2\fs22 . This case should not proceed without proper disclosure of HMCS, HM Prison, HM Crwon Prosecution |service and My medical records relied on and created on the 2nd December 09 and those originally ordered by Their Honours Nicholas Chamber QC and Seys LLewelyn QC with their respective transcripts.\par
\fs32 3\fs22 . This case should not continue until full disclosure  the prisoner's records. Public Immunity has nothing to do with it. The presiding judge has the power to order release for his examination ,alaone but as in all things in the real world, the judge may already know what the past and present Governors recorded \par
\b0 Throughout this time period of april09 to date, the Defendant (Justice Ministry?) has now admitted (see Dolmans lodged defences before His Honour Judge Seys Llewelyn QC, on 7th Sept. 2010 for the 1st Defendant, the South Wales Police) I was Category Level 3 (terrorist level) of MAPPA, Multi Agency Public Protection, which means phone tapping and examination of all my prison mail relating to all my Actions, including against South Wales Police, CPS, Justice Ministry and prison, itself. The afore mentioned Defendants all refuse disclosure of covert surveillance that may have been enacted unlawfully. \par
The prison now deny 'any knowledge', their confirming document served on this court, on 26th august 2010, in front of HM Treasury barrister,  that I had ever been MAPPA classified. The HM prison and south Wales Police continue to refuse to answer such questions from my london lawyers, again, copies served on the 26th august 2010 court before the HM Treasury Solicitor's barrister.\par
Twice , therefore, the prison must some how perswade this court that this same buiding, under the same management since circa 2004, Mr Neil Pring,  sent them nothing until receipt of judgment on 2nd December.\par
 But after 23rd October 09 judgment, in court, my almost daily written applications for some small release of it, to buy all in C Wing and onze of tobacco, was processed by numerous prison oficers all anxious to examine the judgment that had come throughprison 'vexatious Litigant' investigation, MAPPA level 3 surveillance before we even consider the strict recording of court records ,of such a natiure, by the previous HM Governor.\par
   The Particulars of Claim, addressed specifically to HM governor and when the second document , the judgment, arrived arrived at the prison guess so where it went? All logged on computor meaning I require a court order to have access to Home Office and Justice Ministry computors to follow the audit trail to the HM Treasury dept in Kemble street, London to show their defence is flawed\par
They cannot have 'covered their tracks' on the whole routes surely? \par
 Clear permission by His Honour Nicholas Chambers QC, in early 09, was given to the Claimant to file a new claim, waivering the court fee using, incidentally, exactly the same facts of 'false imprisonment' as was in the 2008 Particulars of Claim. Defence have never challenged it.\par
It is the judge that ruled I could use the Prison Governor as a private person and/or as servant of the Justice Ministry or 50%/50%. The HM Prison drafted the january 2009 Order, they now, belatedly, are obstructing to that effect never having previously questioned the ruling.\par
 The Defendant, as up to 23rd August 2010, on the telephone, continues to state they are 'not interested' or aware of the 'merits' of the Claim pleading their client does not have Crown Immunity!  This is not what I was told when I was told to be 'on your bike' when I arrived at the Cardiff Prison gates, recently, with a summons on the prison doctor to disclose my urgently needed medical records and with a valid Execution Warrant to seize Ms West's beloved chapel piano.\par
 If it will assist the court, upon hearing from the Defendant that it would be accepted, the Claimant may be persuaded to divide the judgment to \'a325,000 upon Ms West, the HM Governor, as a 'private debt', with the remaining \'a325,000 on the Ministry of Justice, especially if there is clear law submitted by the 2nd Defendant preventing a claim of 'false imprisonment', in the first place. \par
\b\fs32 The Origins of the alledged false Imprisonment and Merit to Claim Compensation \b0\fs22\par
This civil process, used by the Barry Magistrates in 08, for someone refusing to pay HM Crown Prosecution untaxed costs, in the region of \'a34,000, I was told, could be paid off at any time during the prison term to ensure immediate relase from custody.\par
 I am now under doctor's advice to take Morphine Sulphate, 10mg bid, together with original medicine and yet new medicine ,this week, considered by the Cardiff County Court as not a good reason for adjourning the 7th September ten week trial for damages from the South Wales Police.\par
 The 17th August 2010 refusals by His Honour Juidge Seys Llewelyn are now subject to an Appeal before the Court of Appeal (Civil Division). who also are blocking my right of 'due process' by also blocking my lawfully entitled e-mails.\par
 Enclosed: 17th August 2010 County Court Order for south Wales Police to disclose MAPPA covert serveillance material. (served on court on 26th August)\par
Below is my Web blog posting, written 26th August 2010, to further  indicate the need for an ajournment in this case until I am medically fit to reply, fully, to your 26th August Court Order .\par
\b\fs32 4. \b0\fs22 adjournment is sought following His Honour Judge Cooke QC ordering my medical records be released by polic, CPS Caswell Clinic and Professor Roger Wood. Matters arising are currently before the Criminal Court of Appeal, to be heard shortly.\par
I am reliant on the details now before the Court of Appeal, re \b CF101741 Kirk v South Wales Police\b0   and the medical evidence before His Honour Judge Seys Llewelyn QC, on or after 7th September 2010, when he makes his discision to adjourn or not the trial ,due to police failed disclosure.\par
\b\fs32  5\b0\fs22 . I need time  for Abuse investigation to prove Neil Pring, Manager of Cardiff County Court, acted unlawfully by sending some 130 odd files to HM Treasury Solicitor, acting for the HM Prison, to day, purely to lose some more of my files but furnish both the South Wales Police and HM Prison, confidential information using the powers of   'MAPPA', right of access to obtain, unlawfully, the advantage in the 18 year running civil action for malicious prosecutions and false imprisonments.\par
\pard\sb100\sa100\qj\lang2057\f1\fs24 WEB SITE BLOG\par
 (notes during 26th August hearing)\par
\pard\sa200\sl276\slmult1\qj\lang9\f0\fs22 I just don't believe it! My learned friend, Frank, has just past me a note, as my McKenze's Friend\par
Before me, as I reach for another 10mg capsule of Morphine Sulphate, I have a 4 page Compehensive history, from HHJ Seys LLewelynQC , written prior to 25th June 2010, obviously. So why did it only now be released to me when the 2nd Defenant would of recieved it at two months earlier?\par
 Ah,  the document was under the control of the same manager of Cardiff County Court until now. Nor does it have attached the referred 21.01.2010 'judge's directions,' the substantive matter to which 'HM Prerogative' eludes, when a litigant in person gets too close to the enemy, namely copy of the  Court Orders of last year!\par
 HM prison's skeleton arguement, at last in front of me, appears to have little regard for the information, only under their control, this Claimant needs to addess to others elsewere and needed for the current presiding judge if we are goimng to get any semblance of justice.\par
\pard\sb100\sa100\qj\lang2057\f1\fs24 EXTRA COMPLAINT OF ABUSE OF PROCESS\par
1. The prison, today, failed to send me, until during the hearing, the new Governor's 'statement of truth', ordered by HHJ Seys LLewelyn QC, because, of course, Ms West, who under the circumstances of\b  MAPPA , Vexatious Litigant Surveillance and ECRO (Extended Civil Restraint Order Rules), \b0 together with my previously successfull claims for false imprisonment against HM Prison, meant Ms West was not just in the MAPPA loop of monthly probation and police and Caswell doctors around the same table, I was a litgant in person.\par
2. Not just the police and HM Crown Prosecution Service had 'daily copy'  and free access to all defence preparation, in and out of that stinking prison, over 7 months , for a pending 10 year prison sentancce, HM Treasdury Solictors had it, as well and would, through MAPPA level 3 top surveillance, now admiited to have been in full swing, also, would only of needed the co defendant, in this prison damages judgment to slip them a copy......that would have \b included my July 09 Judgment Application for \'a350,000 against the prison, Pring sent from this buiding .\b0  \par
3. That is just one reason why I could not 'brief' a lawyer from inside prison and why 10 Cardiff Judges coninued to refuse me refuse bail in order that I might unfetterred leal assistance.\par
4. For a man purported to be 'trading in machine guns' and 'fighter aircraft' having applied for a \'a350,000 judgment are we expected to believe HMCS/HMPCardiff/Probation/Police and Caswell psychiatrists, who were discussing my welfare, on a daily basis, would  overlook a claim for \'a350,000?  \par
5. So why am I, repeatedly, being denied access to court logs, listen to tapes or freely process my other 13 cout cases?\line\par
E-MAIL EXTRACT\par
On 26 August 2010 16:17, Maurice Kirk <maurice@kirkflyingvet.com> wrote:\par
\pard\li360\ri360\sb100\sa100\qj Well done Norman will put on blog when time \par
On 26 August 2010 15:43, norman scarth <{\field{\*\fldinst{HYPERLINK "mailto:enscarth@hotmail.com"}}{\fldrslt{\cf1\ul enscarth@hotmail.com}}}\cf0\ulnone\f1\fs24 > wrote:\par
\pard\li720\ri720\sb100\sa100\qj Supporters of mine did manage to get the Ministry of Justice to unblock my emails (see below).\line 'Lorne Auder'\par
Subject: FW: A World War 2 Hero.\line Date: Thu, 6 May 2010 12:54:18 +0100\line From: {\field{\*\fldinst{HYPERLINK "mailto:OperationalSecurityTeam@justice.gsi.gov.uk"}}{\fldrslt{\cf1\ul OperationalSecurityTeam@justice.gsi.gov.uk}}}\cf0\ulnone\f1\fs24\line To: {\field{\*\fldinst{HYPERLINK "mailto:enscarth@hotmail.com"}}{\fldrslt{\cf1\ul enscarth@hotmail.com}}}\cf0\ulnone\f1\fs24\line CC: {\field{\*\fldinst{HYPERLINK "mailto:gov-crime-xpsd@live.co.uk"}}{\fldrslt{\cf1\ul gov-crime-xpsd@live.co.uk}}}\cf0\ulnone\f1\fs24\line\par
\cf1\f2 Dear Mr Scarth,\cf0\f1  \par
\cf1\f2 I have investigated your query and can confirm that the Ministry of Justice does have the ability to prevent emails from being received. \cf0\f1\par
\cf1\f2 I have conducted an investigation and due to an administration error your emails were being prevented from being received. This has now been rectified and any future emails to the Ministry of Justice will now be delivered.\cf0\f1  \par
\pard\sa200\sl276\slmult1\qj\lang9\f0\fs22\par
\b\fs32 6.\b0\fs22  For the aformentioned reasons I apply for an ajournment and interest with costs\par
 Yours truly,  \par
 \par
 Maurice J Kirk BVSc\par
52, Tynewydd Road\par
Barry CF6 8AZ\par
UK 07907937953 Brittany 0033296284741\par
{\field{\*\fldinst{HYPERLINK "www.kirkflyingvet.com"}}{\fldrslt{\ul\cf1 www.kirkflyingvet.com}}}\f0\fs22  {\field{\*\fldinst{HYPERLINK "www.wacl.org.uk"}}{\fldrslt{\ul\cf1 www.wacl.org.uk}}}\f0\fs22  \par
\pard\sa200\sl276\slmult1 maurice@kirkflyingvet.com \par
}