{\rtf1\ansi\ansicpg1252\deff0\deflang2057{\fonttbl{\f0\fnil\fcharset0 Calibri;}} {\*\generator Msftedit;}\viewkind4\uc1\pard\sa200\sl276\slmult1\lang9\f0\fs22 FAO\par HM Treasury Solicitor,\par Whitehall\par London\par \par 17th September 2010\par \par \b\fs28 Kirk v HM Prison Governor/Ministry of Justice 9CF02893 \par Kirk v South Wales Police Chief Constable CF101741 etc \par \par Position Statement\par \b0\fs22 \par 1. It is now 17th September and as I warned you, with judges continuing to refuse to allow Dr Tegwyn Williams to reveal the medical evidence, urgently required by my surgeons, I apply to the court for an adjournment on, not just medical grounds, already accepted but primarily due to your deliberate \b 'failed disclosure', \b0 yet again, tantamount to a conspiracy with your original co defendants, South Wales Police.\par 2. Three doctors from England independant, therefore, to the 'ring fence mentality' of both legal and medical professions in South Wales, had little difficulty in expressing their view as my incapacity to litigate without a lawyer.\par 3. Your client, HM Governor of Cardiff Prison, in this successful 2009 judgment of \'a350,000 for yet another South Wales false imprisonment denies knowledge of my cout papers being served on the prison by HM Cout Service and continues to ignore His Honour judge Seys Llewelyn QC's Order to disclose 'audit trial'. \par 4. Dolmans, South Wales Police private solicitors, not the 'force solicitors' you note, therefore, quietly built 'Chinese walls', as the current trial judge suggested, between the then Chief Constable, operating MAPPA covert surveillance on me and my family and their private purpose and privilege, as court officers, to defend her in this current trial for my claim for civil damages.\par 5. Her excuses, so far, she is yet to be cross examined, for her extraordinary lengths to which she has gone, to obtain this covert police surveillance, was that she suspected that I was a 'gun runner', dealer in 'prohibited ammunition'.and was far too dangerous to be 'at large' reliant on Dr Tegwyn William's and Professor Roger Wood's opinions to His Honour Judge Bidder QC and numerous other Cardiff judges, that I have 'significant brain damage' and possible brain tumour.\par 6. The problem is your client was a party to the proceedings, whilst I was in Cardiff prison for over seven months but the Defendant, HM Governor, is now dening it and refusing to disclose the medical records knowing that both doctors have paniced, following my February 2010 aquittal on all charges and redacted and/or re written their 09 records without changing the dates. \par 7. This has caused expensive difficulties for me, in my other damages claim, this past week, against The South Wales Police, on the matter of one million pounds in costs because Dolmans were hastily employed, following the 17th August 2010 Court Order to disclose MAPPA relevance, to quickly fabricate seven MAPPA 'Executive Summaries', retrospectively and to describe my 22nd June 2009 arrest and imprisonment on the pretext of my threatening to break their office window! Proof of that complaint remains outstanding.\par 8. To further compound the apparent difficulties for His Honour Judge Seys Llewelyn QC, this morning, who 'granted' this \'a350,000 judgment last year, he is now in posession of the very MAPPA 'Executive Summaries' which your client will no nothing about!\par 9. A perceivable problem for His Honour, today, I think, for he has ruled my unfitness to proceed, will be his sudden switch from part heard MAPPA court diliberation to allow Dolmans to argue MAPPA reports are 'not relevant' and Particulars of Claim are void.\par 10. I request that you concur and if not, why not?\par 11. I request that you obtain HM Prison 'copy' of MAPPA meetings, for District Judge Phillips, as there will be record of the HM prison receiving my April 09 \'a350,000 Particulars of Claim and my July 09 Application for Judgment, denied by the new HM Governor, Mr Batty. \par 12. In absence of these documents being immediately released to me and the court, for today's court HM Court Service laid down dead line, under sect 35 of the DPA or what ever, I wish your to agree, pre action protocol, that I be allowed to ammend my claim to include 'interest' from the date of service and the words, 'special', 'agravated' and/or 'punitive' damages to be attached or substituted to the damages claim currently under your control.\par 13. A simple telephone call, to your servants at the Cardiff Justice Centre, for the MAPPA 'Executive Summaries' to be handed immediately to Judge Phillips and likewise to the Royal Courts of Justice for a copy of the HM Governor's 1st July 2010 document denying they exist (my outstanding appeal for failed police disclosure) will considerably assist both Cardiff judges, today, in their deliberations for respective judgments.\par 14. In the unfortunate event of your refusal, despite you having conducted a team of Whitehall lawyers since 2003 to seize all my court papers in South Wales courts, see leaked HM internal memos re 'Vexatious Litigant' lodged with His Honour Judge Seys Llewelyn QC for this purpose, would you be minded to agree an adjournment but ring me before 11am in order that both courts know the 'current state of play'?\par 15. It is my duty to inform you that a witness statement of a Mr Mierion Bowen, in the past having been 'extremely active' in this court, on matters of apparant police corruption in South Wales, has laid compelling evidence that he and others, named if you like, have been under MAPPA police covert surveillance since November 2007. Examination of my prison dates in 2008, for refusing to pay CPS falsified costs, the subject of the Claim, means South Wales Police and HM Prison will both have an 'audit trail', similarly unlawfully witheld from both of today's court cases.\par 16. Dolmans wrote the Chief Constable's erroneous 25th Feruary 2009 Sworn affidavit, denying Barry magistrate court cases having ever taken place or there was a dangerous police helicopter chase over the inhabitants of South Wales,in 2000, pertinent facts for today's court and critical as the very same Defence QC, trailing barrister, partner to the firm and hangers on, now qualified, are all here ,again, to claim a 'strike out' of eighteen years of litigation on the 'ground' police are completely immune, in my particular case, to any liability susceptable to damages.\par 17. All Dolmans' lawyers 'deny knowledge' of the factual content of any MAPPA involvement by their client and me due, seemingly to the afomentioned 'sound proof', 'legislation approved' built 'Chinease walls'.\par 18. Dr Tegwyn Williams, the root cause of this trial disruption and Barbara Wilding, the root cause of the scandalous 'machine gun trial' both sat around the very same table and conspired to have me sent to 'Broadmoor, IPP, for life but, in their wake, leaving behind a very relevant 'audit trail' of facts, currently witheld from both His Honour and myself, contrary to law and only achieved by the nefarious conduct of others, also with their noses in the same trough.\par My mobile is 07907937953 \par Yours sincerely,\par Maurice J Kirk BVSc\par \b PS\b0 I am refused access to HM Cardiff Justice Centre, except for the trial, refused the right to send e-mails to process cases and refused the right to send cheques for court fees. Therefore please forward this letter to bothe judges asap......thankyou\par }