Search results matching tags 'Caswell Clinic', 'Failed Disclosure', and 'Abuse of Process'

Magna Carta Day,15th June, Public Demonstation, Leeds County Court -- 'Right to Private Prosecutions' Meeting 12 Noon

Maurice — Sat, 11 Jun 2011 07:08:00 GMT

Adrian Oliver of Dolmans Solicitors has been the Solicitor of South Wales Police and is the MasterMind behind "defending" all bullying incidents, the cumulative harassment and the multi-organisational collusion under the label MAPPA.

See 'HM Conspiratorial Partnership' in Cardiff magistes courts as an example of blocking Private Prosecutions here:this document.

"Whoever may be guilty of abuse of power, be it Government, State, Employer, Trade Union or whoever, the law must provide a speedy remedy. Otherwise the victims will find their own remedy. There will be anarchy."

Lord Denning: 1982

WANTED

(Picture on gallery or Downloads)

Following posters, shortly,on gallery

Judge T M Hughes QC

Judge Morris

Judge Vosper

Judge Llewellyn Jones

Judge Elleri Rees

Judge Gareth Jones

Judge Neil Bidder QC

More Cardiff Judges to come

IN THE CARDIFF COURT

Maurice Kirk Appellant

Chief Constable of South Wales Police Respondent

Particulars of Claim

1. The Defendant is and was at all material times the chief officer of the South Wales Constabulary and the police officers hereinafter referred to were at all material times acting under the direction and control of the Defendant in the performance or purported performance of their functions. 2. 1977: Five decommissioned WW1 Lewis machine guns were designated for various replica period aircraft.

3. 1997: MJK purchased the DH2 aeroplane and ‘gun' from a private collection with its log books and other Civil Aviation Authority (CAA) paperwork identifying the ‘gun' as an integral part of the fuselage.

4. 1998: The 1968 Fire Arms Act was amended meaning that if the ‘gun' remained as it had first been decommissioned, it remained exempt from the new regulations. This became the critical argument in the trial.

5. 2000: The DH2 with the same Lewis antique was flown by the Claimant at the Farnborough Air Show by invitation of Captain Brian Trubshaw of 002 Concorde fame.

6. 2006: The DH2 was moved to RAF Lyneham, Wiltshire, for repair and display with the ‘gun' dismounted.

7. 2007: The DH2 and ‘gun' was handed out, by the RAF, to a civilian for further repair in Hampshire.

8. 2008 MJK sold the aircraft and gun to another display pilot who modified the gun for his own purposes.

9. On 25^th February 2009 the Defendant signed a sworn affidavit knowing it to be or ought to have known it to be, false in that paragraphs, between14 to 21, contained erroneous information, namely, incidents, involving both the Defendant and Claimant, had occurred

10. Following the 2008 Court Order by His Honour Judge Nicholas Chambers QC, for the Defendant to sign an affidavit that full disclosure of evidence, under her control, had been disclosed to the Claimant, the latter entered the Defendants solicitors offices, on or about the 25^th February 2009 complaining the court order had not been carried out.

11. The Claimant, upon receipt of a copy of the Defendant’s affidavit entered Barry Police Station and was both videoed and interviewed at length following his complaint that the Chief Constable had knowingly signed a false affidavit to avoid disclosure of evidence relevant to the nineteen year running civil action for damages, CF101741 + three others..

12. On 1^st June 2009 the Defendant caused the Claimant to be subjected to Multi Agency Public Protection Arrangements (MAPPA) enquiry following a meeting, at the South Wales Police Head Quarters, Bridgend, by the Independent Advisory Group.

13. On 8^th June 2009, at Barry police station MAPPA meeting, police informed the agencies that the Claimant was to be arrested and taken into custody for being in possession of a prohibited weapon.

14. The police also informed the agencies that should the Claimant approach the Chief Constable then he was likely to be shot.

15. On 15^th June 2009 the Claimant brought further civil proceedings, in the Administrative Court, London, against the Defendant when police were called to be in attendance.

16. On 18^th June 2009 the Claimant again laid the complaint, this time at the offices of the Defendant in her Bridgend head quarters .and again, refused mutual exchange of witness statements.

17. On 19^th June 2009 the Defendant again refused to exchange witness statements when her solicitors were contacted by the Claimant despite the court order having given until 4pm.

18. On 20^th June 2009 the Defendant’s solicitors laid complaint against the Claimant to be arrested for threat of criminal damage.

19. On 21^st June 2009 police Operations, ‘Orchid’ and ‘Chalice, caused’ a sizeable force of police officers to surround the Claimant’s home, in St Donats, Vale of Glamorgan, requiring an armed response unit, a police helicopter and both forensic psychiatrists and a lay advisor for the Claimant to be in attendance. The operation was aborted once the Claimant was seen drinking tea with his family in their front garden.

20. The English police refused to ‘touch it with a barge pole, once they became aware that the Welsh police had persuaded the Civil Aviation Authority to telephone the new owner, in England, to dismount the Lewis antique and alone drive it across Lincolnshire and beyond to find a licenced arms dealer where it would be collected by the Defendant.

21. The Welsh police then hawked the Lewis antique nearly two thousand miles around the UK, contrary to Home Office Regulations during which time had it modified, to be illegal, contrary to the 1968 Fire Arms Act at their special laboratory in South Wales.

22. On 22^nd June 2009 police returned to the Claimant’s home and arrested him in the road outside his property, cautioning him that he had been arrested for: a. Threat of committing criminal damageb. Being in possession of a prohibited weapon c. Being in possession of prohibited ammunition.

23. The Claimant was never charged with the first arrest allegation and despite court orders from His Honour Judge Seys Llewellyn QC to reveal the evidence and statements by Dolmans, solicitors, falsified to assist their client, the then Chief Constable of South Wales Police, Ms Barbara Wilding.

24. Between 22^nd and 23^rd June 2009 the police removed the Claimant’s lawfully held shot guns, ammunition and court files relating to the Claimant’s ongoing Claims of bullying, harassment and false imprisonment none of which have been returned to the Claimant.

25. On 24^th June 2009 a police officer or officers laid an information against the Claimant at Barry Magistrates court alleging that that the Claimant had been in possession of a prohibited weapon, one 1916 Lewis machine gun and had sold the gun, both contrary to the 1968 Fire Arms Act.

26. Upon reading the Claimant’s June 2009 64 page Defense statement the Barry Magistrates court, following legal advice, allowed the Claimant unconditional bail.

27. On 25^th June 2009 the police appealed the court order lying to HHJ Hughes causing the Claimant to be detained in custody in Cardiff prison.

28. Lies by the Defendant were used, eventually, before ten Cardiff Crown Court judges, no less, refusing the Claimant disclosure of evidence, under their control, that would have cleared the Claimant’s name.

29. In July 2009 the Defendant brought a third indictment namely, ‘income from crime’.

30. On 3^rd August 2009 Dr Tegwyn Williams, forensic psychiatrist and Director of Caswell Clinic, South Wales Police forensic Unit, at Bridgend signed a psychiatric report recommending the Claimant be sectioned and further remanded to his medium secure psychiatric unit, Caswell Clinic, under Section 35 of the 1983 Mental Health Act.

31. In September 2009 when it was clear the Claimant was not going to employ a lawyer sworn to the Welsh courts Dr Tegwyn Williams recommended that the Claimant be transferred to Ashworth High Security Psychiatric Prison, IPP, imprisonment for Public Protection.

32. On or about the 24^th October 2009 the Claimant was further remanded in custody in Cardiff Prison reliant on a further Dr Tegwyn Williams psychiatric report the Defendant knew or ought to have known was false.

33. On 9^th February 2010, at Cardiff Crown Court, the Defendant having earlier withdrawn the third indictment, was found not guilty on all remaining indictments and was released from custody.

34. No defence evidence or summing up was needed from the Claimant with further confirmation by nine members of the jury confirming to him that their decision of ‘Not Guilty’ was already concluded by eleven of the jury after the first day of evidence was given and cross examined.

35. The jury also made the Claimant aware, immediately after the hearing, that they questioned why both the original seller to the Claimant, of the Lewis antique and the current owner were not both also in the dock as defendants.

36. The Claimant’s complaints to the relevant police authorities, to investigate the conduct within South Wales Police before and after his arrest and nearly eight months in custody, have been swept aside in a perfunctory manner to which the Claimant is accustomed since first settling in south Wales in 1992.

37. The arrest and detention of the Claimant were unlawful.

38. There were no reasonable grounds to believe that the Claimant was probably guiltv of the offence for which he was arrested. 39. The decisions to arrest and detain the Claimant were such as no reasonable police officer would have reached.

40. The Claimant was detained for longer than was reasonably necessary and in breach of the provisions of the Police and Criminal Evidence Act 1984.

41. Further, the actions of police officers set out above constitute harassment within meaning of section 1 of the Protection from Harassment Act 1997 and misfeasance in public office.

42. Unless restrained by the Court police officers will continue to harass the Claimant.
43. By reason of the matters aforesaid, the Claimant has suffered loss, damage, distress, anxiety, damage to his reputation and was deprived of his liberty. He has been subjected to bullying, malicious prosecution and harassment, false imprisonment and contrary to the 1998 Human Rights Act.

44. The Plaintiff therefore claims of the Defendant:- Damages Exemplary damages Special Damages. Costs. In pursuant of Sections of the County Court Act 1984.

45. The Claimant retains his right for a lawyer to amend this Claim.

First Petition to Parliament on Behalf of Victims of White Collar Crime

Maurice — Sat, 05 Feb 2011 11:22:00 GMT

The following Petition has been submitted to our new MP for the Vale of Glamorgan, Alun Cairns MP, following a very lively debate at our 25th January 2011 House of Commons meeting with both Members of the House of Lords and House of Commons in attendance, a committee room, I may say, STUFFED with Victims of the banks, HM and our law courts, solicitors and NHS (see photo gallery, other blogs and PDF downloads).

To the House of Commons

The petition of Maurice J Kirk BVSc, a citizen of the UK at 52, Tynewydd Road, Barry CF62 8AZ, declares that he has tried everything in his powers as a former veterinary surgeon to stand up to the harassment of South Wales Police who have delayed his civil action against them.

The citizen has suffered from harassment by South Wales Police that culminated in 7 months imprisonment, including 3 months in a psychiatric clinic, after getting him struck off the Register of Veterinary Surgeons.

One of the incidents in a series of interconnected legal actions was the machine gun case. The allegation was the possession and sale of a ‘gun' even though it was decommissioned and an ‘add on' to an historic aircraft. In the run up to the trial, however, South Wales Police mobilised Multi-Agency Protection Arrangements (MAPPA) hoping to shoot or section the citizen for life. MAPPA categorisation was used for imprisonment which included 3 months in a psychiatric clinic. A leaked MAPPA document, published on his website www.kirkflyingvet.com, shows that the Police had a firearms response.

The harassment included the falsification of medical records claiming that he has serious brain damage, possibly brain cancer, to get him sectioned. This prevented his surgical team from carrying out a hip replacement scheduled for June 2010.

While the citizen won the machine gun case in court, he did not get any costs or compensation for malicious prosecution, false imprisonments and generally the deprivation of his human and professional rights as a veterinary surgeon.

The petitioner therefore requests that the Government steps in as Compensator of Last Resort

Dear Mr Cairns,

The 25th January meeting at the House of Commons was a resounding success with many Members from both Houses, with 'like minds', all in one room! The ever widening divide between the basic rules of justice and the conduct of the South Wales Police, our law courts, Crown Prosecution Service and now, HM Court Service, is really most serious because it is clear there is no accountability for their joint actions.,.

South Wales National Health Service and our Health Minister refuse to hand over my medical records in their current control and with CPS, police, Caswell Clinic, HM Prison, Cardiff, Dr Tegwyn Williams and Professor Roger Wood are all refusing to clarify, with my surgeons, my medical history when I was in prison custody meaning still further delay in my much needed hip operation.

When can I next see you, please, either in London or Barry? I have currently obtained asylum in France following the repeated attempts by the South Walers Police to either have me shot or jailed for life so any meeting must be before my witnesses and suitably recorded.

Yours sincerely, .

Maurice J Kirk BVSc

Welsh Assembly Elections draw Near, Edwina Hart AM, Jane Hutt AM

Maurice — Sun, 26 Dec 2010 18:02:00 GMT

Subject: ATTENTION: DAVID SISSLING - WALES NHS

Dear Mr. Sissling

MAURICE KIRK

I am a Canadian writer who has been following the story of Mr. Maurice Kirk very closely, and I wondered if you would kindly confirm that:

(a)   Mr. Kirk, his Member of Parliament, and the Minister of Health wrote to you, asking for his medical files so that he could have much needed surgery, and

(b)   you have not yet provided them please?

I am working on a follow up story regarding one of the recent news reports about Maurice Kirk but, at the same time, I am writing another story on Britain today, which includes health care and policing, as well as other social issues.

Flying Vet Approaches UK Parliament in Fight against South Wales Police

Could you please tell me

(a) how long you can legally withhold Mr. Kirk's healthcare file in the UK, and what would be possible reasons for doing so?

(c)   what are the statutes of limitations in Britain and Europe, were he to sue you personally for Breach of Care Causing Harm, Failure to Act, and other gross negligence issues?

(d)   have you been mandated to withhold his file by police, or some other body and, if so, what are their reasons for that please? If not, is this an oversight, or have you been away on vacation with nobody to act in your place when you are absent? Is there a policy for staff to handle correspondence in your absence, or do they wait for your return?

(e)   Are you aware that it is also human rights issue to deny someone medical care, directly or indirectly, and that human rights activists around the world are monitoring Mr. Kirk's story?

(f)     Would you say that you will be in a position to respond to the letters sent to you by Mr. Kirk, his Member of Parliament, and the Minister of Health Edwina Hart by November 3, 2010? If not, could you explain please?

(g)   Are you aware that withholding medical treatment, either directly or indirectly, is not only Elder Abuse, but much worse?

(h)   Is this standard practice in the UK, or is it simply an oversight?

(i)     Is there a policy in the UK to prevent the elderly from expensive surgery or hospital stays, due to a drain on the healthcare system? Would this be a reason to deny Maurice Kirk's request?

(j)      Is there a shortage of doctors and healthcare providers, as there is in Canada, and would this be a reason to deny Mr. Kirk treatment?

(k)   Now that you are aware of the urgent need for Mr. Kirk's file, will you be able to deliver it please, or afford the MP, Minister of Health and Mr. Kirk the courtesy of a reply to their letters?

(l)      Would you be able to send it via express courier, or is there an NHS policy not to use couriers in your country?

(m)     Do you need to be supplied with extra copies of the letters that were sent to you? Have they been lost?

I very much look forward to hearing from you, as Canadians are puzzled as to why Mr. Kirk's files have not been sent. In Canada, his request would come under the Freedom of Information Act, and you would have only 30 days to respond to the request, so we are watching the outcome with great interest.

Thank you so much for your co-operation.

Yours sincerely,

Anonymous

Ms Kate Bloomfield,
Deputy Head of Redress and Investigations,
National Health Service
Port Talbot
South Wales

26th December 2010

NHS Withheld Falsified Medical Records of Maurice John Kirk

It is over a year now since a Dr Tegwyn Williams and a Professor Roger Wood agreed to submit apparently erroneous medical evidence to the 2nd December 09 Cardiff Crown Court hearing with HHJ Bidder QC. They recommended I be sectioned to HM Broadmoor, IPP, Imprisonment for Public Protection.

I understand the Crown Prosecutor heard Dr Williams tell the court I may have a brain tumour along with the joint diagnosed opinion, of the two named doctors, that I had 'significant brain damage'. See here for request of information by HH Judge Seys Llewellyn QC and transcript of hearing.

1. HM Court Service refuse to disclose the evidence given to the judge either by my access to tape, transcript or court log, all public documents from a court of so called record.

2. No NHS doctor or South Wales NHS department, with that information, will respond to my request for that urgent record to be disclosed.

3. The GMC also appear to ignore my complaints on the matter which is, of course, of no surprise.

4. Lawyers, Morgan Cole, employed by you, have also failed to inform me of any reasoning as to why either my GP or myself are not entitled to that information, especially in the light of both my orthopaedic surgeon and anaesthetist, for my now long overdue operation, having also asked for it.

5. Various dubiously safe but unnecessary brain scans, taken in September 09, to recommend my further incarceration in NHS Caswell Clinic Prison were referred to in the 2nd December 09 evidence as significant. These scans were recommended, by both doctors, to be repeated within six months. No mention of this has since been made to me and despite my requests, both in custody and since my acquittal in February 09 of all charges, I am being refused any follow up scan or appropriate clinical examination.

6. HM Crown Prosecution Service, Cardiff, have also received the record used in that 2nd December 09 hearing. CPS, Wales, also refuse to disclose any of the proceedings, held in my absence, it having been dependent on this collusion with your NHS in order to avoid the January 2010 scheduled trial of scandalous indictments levelled against me, each carrying a five year prison sentence.

7. Your department's conduct in this matter, for well over a one year period, clearly points to criminal conduct by just too many in positions of privilege, the very reason for this widespread cover up.

8. So I wish to know for just how much longer you and others in the South Wales NHS intend to continue covering up this incident? Will you eventually break ranks or pretend I and my many supporters have just crawled back under a large stone?

9. In other words:
a.what prevents you from disclosing and releasing the specific documents in question?
b. why have Morgan Cole not written to me as you had announced?
c. why didn't you follow up by email when you wrote you wanted to deliver documents by mail?
d. if you think those documents satisfy my doctors' requirements, include the 2nd December 09 material, you can still send them to me at my address in France where I am in political asylum due to South Wales Police persecution and threat on my life: Puits aux Papillons, St. Doha, 22230 Merdrignac, Brittany.

Looking forward to hearing from you in due course,

Copy to Alun Cairns MP, Edwina Hart AM