Search results matching tag 'Trial' http://kirkflyingvet.com/search/SearchResults.aspx?o=DateDescending&tag=Trial&orTags=0Search results matching tag 'Trial'en-USCommunityServer 2007 SP2 (Build: 20611.960)Fair Trial, Effective Remedy (Human Rights Articles 6 and 13) versus just What?http://kirkflyingvet.com/blogs/legal/archive/2010/11/17/fair-trial-and-effective-remedy-for-national-authorities-in-cardiff-human-rights-articles-6-and-13.aspxWed, 17 Nov 2010 22:04:00 GMTc7306cf9-8c9b-4f2c-8f21-f8b2637dc339:1736SabineKMcNeill <p><b>Imagine this scenario:</b> Maurice Kirk is charged with a ‘misdemeanor’, as the Yanks would call it, a simple Section 39 ‘common assault’ allegation against an ex-police officer, a Cardiff Crown Court official. He had repeatedly refused to accept the ‘<a href="http://mauricejohnkirk.files.wordpress.com/2010/11/10-07-08-contempt-grounds-appeal.pdf">grounds document</a>’ to be lodged with Cardiff Court, on a deadline, before it is then sent up to London's Criminal Court of Appeal..  </p> <p>Maurice will say, if given the chance under <a href="http://www.yourrights.org.uk/yourrights/the-human-rights-act/the-convention-rights/article-6-right-to-a-fair-trial.html">Article 6</a>, he therefore simply tucked the single sheet into the top pocket of the court officer allocated for the job of receiving these specific court papers. The HM official, instead, crumpled it up and pushed Maurice down the steps of the court, on his crutches, leading to the need of hospitalisation and x-rays. See <a href="http://kirkflyingvet.com/photos/legal/26th-July-10-X_2D00_Ray.aspx">this photo</a>.Mr Hassan posted it the same day.</p> <p>Despite substantial medical evidence to the contrary, the 2nd November Cardiff Magistrates Court hearing took place in his absence. He was, of course, found guilty and a <a href="http://kirkflyingvet.com/blogs/legal/archive/2010/11/04/warrant-for-arrest-to-be-locked-up-for-how-long.aspx">warrant</a> was, of course, issued for his arrest. A <a href="http://www.statewatch.org/news/2004/jan/01euro-arrest-warrant.htm">European warrant</a> is now being seriously considered by the CPS, knowing full well its uncontrollable pitfalls. Yet another 1st November GP medical report had been served on the court that morning. The fifth September report had already been accepted by the Barry Magistrates and their case adjourned to early December, as well as the long awaited listed September ten week civil trial to allow time for Maurice's toatal hip replacement operation. This is the case for civil damages in Maurice’s eighteen year running damages claim against the South Wales Police for perjury, personal injury, false imprisonment and perverting the course of justice, many, many times. See videos and these <b><u>key documents</u></b>: <a href="http://mauricejohnkirk.files.wordpress.com/2010/11/10-11-19-the-schedule-of-41-incidents.pdf">incident schedule</a> and <a href="http://mauricejohnkirk.files.wordpress.com/2010/11/03-07-23-leaked-hm-internal-memos.pdf">HM leaked internal memos</a>. All courts, so far, were assuming, by then, Maurice would have had his medical records released, currently stopping his operation from going ahead. <br /></p> <p>The ‘contempt of court’ appeal to London, by the way, is for a month’s imprisonment following Maurice’s pleading with the Recorder of Cardiff, HHJ Nicholas Cooke QC, in June, to 'inspect' the proof, personally, of an HM conspiracy and hand over the urgent medical evidence, especially that which HM used on the <a href="http://mauricejohnkirk.files.wordpress.com/2010/11/10-08-02-gp-to-cooke-anaesth-no-lawyer-available.pdf">2nd December 2009</a>, when Maurice was considered to be ‘far too dangerous’ to receive bail for a trial the Chief Constable did not plan to happen. Maurice was in jail on remand, incidentally, for over seven months, being acquitted of all charges without any compensation or need to produce any defence. The jury had made their mind up after the first day of prosecution evidence, we all later found out, in the Cardiff pub, about ‘trading in an antique WWI Lewis machine gun’, that had been bolted on the front of his DH2 replica biplane for 33 years and even had been flown in the Farnborough Air Show by personal invitation from Captain Brian Trubshaw,CBE MVO, our 002 Concorde test pilot.</p> <p>The police, CPS and ten Cardiff judges, no less, knew or should have known, the aircraft and her 'gun' had been sold well over a year before his arrest. The arrest that June had been a monumental '*** up' due to a critical breakdown within the communications of South Wales Police and Dolmans, their solicitors, drawing in the cash, 'defending' the Chief Constable, preparing for her December 09 retirement.<br /></p> <p>Maurice's original arrest had never been intended. Maurice was then already set up as a target to be 'lawfully' shot. But Dolmans, knee jerked, following an incident concerning their front window on the 19th, filed a statement of complaint, on the 20th June 09, to have him arrested the next day, not having been fully briefed of Barbara's 'end game'.Or, maybe, the end of the 'gravy train', if Maurice was shot? Naturally, the Trial Judge, HHJ Peter Thomas QC refused Maurice any disclosure of anything, virtually, hurriedly made at police HQ. Why? It would further confirm that the almost forty year running <u>HM conspiracy</u> started in Taunton, Somerset, in the 1970s.[see next blog: Maurice, the 'Drug Smuggler'?].</p> <p>That Dolmans fabricated the complaint caused Maurice to be admitted to Caswell Clinic Gulag, Bridgend but for one purpose: to scupper the civil action that was now starting to go rather 'pear shaped', following Barbara Wilding's signing, drafted by Dolmans, her <a href="http://mauricejohnkirk.files.wordpress.com/2010/11/09-02-25-chief-constable-affidavit-pdf.pdf">25th Feb 09 sworn affidavit</a>. Nine further HM Cardiff Crown Court judges [see downloads for transcripts] refused disclosure sensitive for '<a href="http://mauricejohnkirk.wordpress.com/the-deeper-issues/hm-partnership/">HM Partnership</a>'. Even the civil court judge, HHJ Seys Llewellyn QC, at least ordered its release. But Maurice is still waiting, a year later, along with forty odd police incident numbers needed for FOI and Data Proction disclosure, repeatedly being refused by our HM Information Commisioner, that sinister 'partnership' that now actually controls what really goes on in your UK courts today. <br /></p> <p>But let’s get back to the apparent ‘cosy relationship’ here in Cardiff, Guernsey style, where they have a permanent jury, often a magistrate in the lower court, partly voted on by the HM Prosecution and where no UK lawyer has 'right of audience'. HM tax haven rules are to be obeyed or you do not get the oil money...</p> <p>Whilst Maurice was in custody in some austere Cardiff police cell, <a href="http://mauricejohnkirk.files.wordpress.com/2010/11/10-08-02-swp-custody-record-refused-lawyer.pdf">it was recorded</a>, Maurice was still unable to find a local solicitor, to act on his behalf. Hence he produced himself, with the aid of some McKenzie Angels, this document with a <a href="http://mauricejohnkirk.files.wordpress.com/2010/10/10-10-04-swp-claimant-rebuttal-to-strike-out.pdf">Broad Overview</a> to 'Give Context' to 'Legal Issues' and 'Specific Incidents'. [All this week he has approached numerous local lawyers, with countless fruitless phone calls and no replies, to deal on his behalf, as to why the Clerk to Cardiff Magistrates was refusing to put before a court his application for 'set aside', on medical grounds...]    <br /></p> <p>The Cardiff stipendiary magistrate, on 2nd November, has already had presented to him four medical reports, from his GP, a consultant radiologist, a psychiatrist and a London doctor, the latter having specialised in brain surgery and now has her disciplines chanelled to the workings of 'the mind'. All have indicated the current pain and suffering due to a much overdue total hip replacement operation requiring, now, morphine sulphate and other like analgesics to be so prescribed. May this be indicative enough, on its own, for the case to be adjourned!?...<br /></p> <p>It is now simply a war of attrition, nothing new for Maurice. HM Cardiff Crown Court, for fear of their pension, refuses to release, not just official transcripts of last year's courts of 'record' but also copy of their public court logs. Why? They would further reveal the <u>HM conspiracy</u> to have him first, shot or if that opportunity was no longer an option, then Broadmoor High Security prison, IPP (Imprisonment for Public Protection), for an indeterminate period. <br /></p> <p>HM Court Services refuse to reply to any of Maurice’s applications to have the hearing 'set aside' or reveal the evidence given or furnish him with the clerk of the court’s contemporaneous notes of the proceedings.(<a href="http://mauricejohnkirk.files.wordpress.com/2010/11/10-11-03-swp-assault-conv-mag.pdf">3rd Nov</a> and <a href="http://mauricejohnkirk.files.wordpress.com/2010/11/10-11-13-swp-set-aside-clerk-of-court2.pdf">13th to HQ</a>).  <br /></p> <p>Meantime, the Crown Prosecution Service refuses to return any of his calls and hides their ‘ace’ card up their oh so many sleeves. CPS barrister, Richard Ace and HM prison had deliberately not told Maurice of MAPPA, on the 25th June 09, before HHJ Hughes, on his first of ten bail applications. He had been left 'at large' for many weeks before he was arrested for but one reason. MAPPA had hade him classified as level 3 (terrorist), the top 5% most dangerous people in the UK, allowing the Chief Constable Barbara Wilding, who had mobilised a 24/7 armed police unit to <a href="http://mauricejohnkirk.files.wordpress.com/2010/11/09-06-08-medical-mappa-4p-only.pdf">shoot him on sight</a> if he were to make a 'further approach' to her, she being the very same Defendant in all his eight tortuously drawn out civil actions, orchestrated by HM, for his 'special treatment'. <br /></p> <p>Nine more Cardiff judges also failed to disclose he was under MAPPA surveillance and was being considered, at each monthly MAPPA meeting, for high security psychiatric prison, potentially for life, reliant on Caswell Clinic and Swansea University so called 'experts' diagnosing his intra-cranial irreversible inflictions as a serious threat to the community. Have they evaporated away by now, a year later or is Maurice's condition getting worse? Why is Maurice still being refused a brain scan?</p> <p>But now, in turn, both the civil and criminal Cardiff courts are also refusing to disclose the detailed account from their own Director of the South Wales Police forensic psychiatric prison, Caswell Clinic. Dr Tegwyn Williams had supplied numerous Cardiff Crown Court judges with sufficient compelling evidence, between 7th August 09 to 17th December 09, in numerous expensive reports, stating that Maurice had ‘<b>significant brain damage’</b> (see <a href="http://mauricejohnkirk.files.wordpress.com/2010/11/09-10-19-opinion-of-psychiatric-report.pdf">Opinion in Oc</a><a href="http://mauricejohnkirk.files.wordpress.com/2010/11/09-10-19-opinion-of-psychiatric-report.pdf">t</a><a href="http://mauricejohnkirk.files.wordpress.com/2010/11/09-10-19-opinion-of-psychiatric-report.pdf"> 09 psychiatric report</a>) and equally falsified but convincing, 2010 rewritten report of Professor Roger Wood’s (<a href="http://mauricejohnkirk.files.wordpress.com/2010/11/09-09-18-professor-roger-wood-false-page.pdf">original September 09</a>) as a brain damage expert. By what time this winter, a year later, will the brain tumour have done their dirty work? (see <a href="http://mauricejohnkirk.files.wordpress.com/2010/11/09-12-02-n-t20097445-kirk-all-proceedings.pdf">2nd Dec 09 transcript</a>). It was pointed out to HHJ Bidder QC by part time Cardiff judge and Crown prosecutor, Mr Richard Twomlow, in the machine gun case who also, incidentally, while Maurice was down below rattling his own cage, to be there. [see civil actions against Reliance Custodial Services, past and imminent] <br /></p> <p>So, today, Wales' HM Court Service HQ, Cardiff, have still not intervened, Maurice was told. No written replies from magistrates or disclosure by the CPS as to evidence heard in his absence, with the only hint being that Maurice’s only way forward is to the HM High Court for yet another insulting Judicial Review. Ah, but Maurice, that means it is for a judge in Cardiff, now Wales has achieved furhter devolution from London but it will be in the very same building where a clandestine attempt is still going on to register him as a ‘<b>Vexatious Litigant’</b> (<a href="http://mauricejohnkirk.files.wordpress.com/2010/11/09-06-08-medical-mappa-4p-only.pdf">internal memos</a>), reliant on a team of HM Treasury Solicitor bewigged lawyers in Whitehall, the very same HM official who informed the Cardiff Court, recently, that HM Court Service had taken £360 off Maurice to sue HM prison Cardiff for a previous false imprisonment.</p> <p>But, surpsrisingly, neither the HM governor of HM prison nor HM court manager, Neil Pring, could trace receipt or proper record of 'serving the claim', [despite MAPPA covert surveillance!], nor could HM Prison be made to admit receipt of the £50,000 judgment in July 09, in Maurice's favour, a copy of which had been delivered to his prison cell! . It was later admitted by HM Treasury Solicitor that the served document was believed, at the time, to be part of the 'vexatious litgant investigation', now six years running. Just as 'HM Partnership', Prison, denied any knowledge their prisoner had been under MAPPA surveillance, in writing, since arrest in June to 17th December 2009. So, why was he taken off it just before the trial to make a bail application? To get just one last chance of a shot before the predicted trial embarrassment?</p> <p>That local HM Magistrates court has to consider whether the 2nd November 09 hearing should be 'set aside', on medical grounds, whether the CPS be made to disclose the medical evidence of 2nd December 09 asDr Tegwyn Williams pleaded Maurice was still far too ill to 'plead' or defend himself and must be represented by HM counsel.  Also, Maurice wants all his court cases heard outside Wales.Pigs might fly.<br /></p> <p>Simple, do what the RCVS did in 2006 and have done ever since, to prevent Maurice getting before a court to be allowed to practice veterinary surgery. <b>Refuse to convene a court.</b></p> <p>Simple, do what HM Privy Council did this June, for his lodged appeal against the RCVS at the Supreme Court building. <b>Refuse to convene a court</b>.</p> <p>Simple, do what the RCVS Royal Charter promised them, ever since 1844 with its twelve variations now also protected by HM <a href="http://victims-unite.net/2010/08/28/on-the-mou-between-the-law-society-and-the-association-of-chief-police-officers/">Memorandum of Understanding</a>, promised between the South Wales Police.and Law Society, ie i<b>mmunity to criminal prosecution.</b> </p> <p>"There is always an appeal, open to you, Maurice, to the Cardiff Crown Court, just around the corner", someone smiled.<br /></p> <p>"All you need to do is to attend to hear it, in hand cuffs, most likely. What you would have missed, of course, is the vital opportunity of cross-examining for the second time, when lies are that little more difficult to 'recall'. It is the  way they threw the dice this time, Maurice, the cost is never their money".</p> <p>During the 70s and 80s, during the reign of the likes of Arthur Scargill, a <a href="http://mauricejohnkirk.files.wordpress.com/2010/11/court-scene-cartoon.pdf">Cummings cartoon</a> of this destructive trade union leader, killing off any last possible breath for the Welsh coal fields, may just sum up the current state of play here, in its capital, some thirty years later...</p> <div class="slice"> <p><b>Summary: </b>Besides the Channel, there is another serious gap between the UK and the European continent: the gap between the <a href="http://www.legislation.gov.uk/ukpga/1998/42/contents">UK Human Rights Act 1998</a> and the <a href="http://conventions.coe.int/treaty/en/Treaties/Html/005.htm">European Convention of Human Rights</a>. <a href="http://en.wikipedia.org/wiki/European_Convention_on_Human_Rights#Article_6_-_fair_trial">Article 6</a> guarantees a fair trial in both texts. But the UK has omitted <a href="http://en.wikipedia.org/wiki/European_Convention_on_Human_Rights#Article_13_-_effective_remedy">Article 13</a>, the right to an effective remedy before national authorities. Maurice has had the benefit of neither, ever since he’s been harassed by police in Somerset, Guernsey and South Wales.</p> Now he had to seek asylum in Brittany, while <br /> <br />•       the NHS, Caswell Clinic, Dr Tegwyn Williams, the Crown Prosecution Service (CPS) and HM Prison, who all have a copy of his medical records, should release them <br />•       the Police wants to arrest him, for a minor and alleged offence, convicted in his absence, whilst he has a case against South Wales Police running where he claims for civil damages over a ten year period <br />•       HM Court Services block, delay and lose his documents. He is denied access to the public counter, it used to bounce his e-mails and often ignores his serious requests for information.   <br /></div> <div class="slice"> </div> <div class="slice"><a href="http://www.worldwidewords.org/articles/welsh.htm" class="slicetitle">World Wide Words: Balderdash and flummery</a><br /><span class="slicetext">Nov 23, 1996<b>...</b> As a verb, <b>to welsh on someone</b> is to swindle him or her out of money, originally and strictly by a bookie at a racecourse decamping with the <b>...</b></span><span class="sliceurl"><a href="http://www.worldwidewords.org/articles/welsh.htm"><span class="sliceurl"></span></a></span> </div>New Insights: Missing Forensic Medical Recordshttp://kirkflyingvet.com/blogs/legal/archive/2010/11/14/new-insights-missing-forensic-medical-records.aspxSun, 14 Nov 2010 14:35:00 GMTc7306cf9-8c9b-4f2c-8f21-f8b2637dc339:1728SabineKMcNeill<p><b>A detailed account of the 2<sup>nd</sup> December 2009 Cardiff Crown Court affair, between HM Authorities and the medical profession, in the absence of their target</b> </p><p>A. <i>Dr Tegwyn Williams </i>had been in court, possibly since 10.30am and had revealed the prisoner's confidential medical history with the CPS (South Wales Police) and others, supplying the Prosecution barrister, Mr Richard Twomlow, with both his new medical evidence but also, even, the medical report from Dr Edward Silva of Ashworth high security prison, obtained only by court order. So who invited Dr Williams to attend?</p> <p>B. His Honour <i>Judge Bidder QC </i>refused Dr Williams' and the Crown Prosecution's recommendations that the prisoner should be sent to Ashworth, IPP (Imprisonment for Public Protection) due to his 'significant brain damage' and possibly a tumour.The judge, instead, had to refuse due to the 1983 Mental Health Act, for Section 41etc, committals, requiring, not one but two level 12 forensic psychiatrists to agree.</p> <p>C.  During the June 09 armed police raid, when the prisoner was first jailed, a second team of police officers had been assigned to obtain a prepared witness statement, from his wife, under the very real Social Services threat on their ten year old daughter, to the affect that her husband had a ‘history of mental disorder', thus requiring only one doctor's signature for committal. This would avoid the embarrassment of a dubious, if not concocted trial for the alternative long prison sentence.</p> <p>D. The prisoner had taken the precaution to obtain help from his past MP, Walter Sweeney, to get his wife, a consultant radiologist, to find specialist Dr Paul Kemp on the subject of the apparent spurious report, now before the court, on the SPECT scans of his brain conducted by the NHS. Police expert, Professor Roger Wood, had to quickly retract, back date and rewrite his original 18<sup>th</sup> September 09 version, still not disclosed to the parient's GP, by Dr Ruth Bagshaw, also of Caswell Clinic, the original recipient. Mr Sissling, the area NHS manager continues to fail in replying to letters from both the Welsh Assembly Member and the patient's MP.</p> <p>E. The <a href="http://mauricejohnkirk.files.wordpress.com/2010/11/09-12-01-medical-kemp.pdf">1<sup>st</sup> December 09 report by Dr Kemp</a> was served on the court that same day. The Cardiff court fails to disclose if that report was ever received, as it contains evidence contradicting Dr Tegwyn Williams in no uncertain terms. [July 09 psychiatric reports,favourable to the prisoner, even before Dr Williiams wrote his <a href="http://mauricejohnkirk.files.wordpress.com/2010/11/09-08-03-interim-psychiatric-report.pdf">3rd August Interim Report</a>, not even examining his patient, were discounted by each bail judge that saw them.]</p> <p>F. Page 3 para B of the <a href="http://mauricejohnkirk.files.wordpress.com/2010/11/09-12-02-n-t20097445-kirk-all-proceedings.pdf">2<sup>nd</sup> December transcript</a> reveals the HM prosecutor, having stated the prisoner had refused to read the new Dr Williams report, he having been given no opportunity in the cells, persuaded the Judge that, as he had ruled against a committal of the prisoner, there was, surely, no need for the prisoner to know its content.</p> <p>G. The judge, on page 5 para B fails to refer to the prisoner that a new evidence by Dr Williams had been before the court, all older reports having been served on him, long before Her Honour Judge Eleri Rees and HHJ Llewellyn Jones, refusing him bail, both in October and the November hearings.</p> <p>H. The Criminal Court of Appeal is currently refusing to order the HM Cardiff Court to disclose that it referred to in either of the two court logs relevant to Maurice's one month imprisonment for ‘contempt of court', in June 2010, following The Recorder of Cardiff, Nicholas Cooke QC, also refusing to examine the enclosed documentation, that suggested, on the 2<sup>nd</sup> December 2009, a serious miscarriage of justice had been occasioned.</p> <p>I.  Today, the National Health Service, Caswell Clinic, HM Prosecution Service, South Wales Police, HM Court Service and the General Medical Council (South Wales), all continue to refuse to communicate with the acquitted prisoner on the matter, even refusing to release either court record of the events or the medical evidence that was before HM judge and HM prosecution, whilst excluding an unrepresented remanded defendant, facing the likelihood of a prison term, without trial, for an indeterminate period. . </p> <p><b>Details of Evidence: </b></p> <p> 1. <a href="http://mauricejohnkirk.files.wordpress.com/2010/11/09-06-08-medical-mappa-4p-only.pdf">Four pages of ‘leaked' 8th June MAPPA memo</a> identifying as to why, possibly, police deliberately set Maurice up as a target to be, lawfully, shot.<br /></p> <p>2. The ‘full' <a href="http://mauricejohnkirk.files.wordpress.com/2010/11/09-12-02-n-t20097445-kirk-all-proceedings.pdf">transcript of the 2<sup>nd</sup> Dec 09 Cardiff Crown Court hearing</a>, commencing 11.39am indicates almost an hour not recorded, it would appear, because William, the court clerk, had been told not to switch on the tape.<br /></p> <p>3. The <a href="http://mauricejohnkirk.files.wordpress.com/2010/11/09-12-17-indictment-t20097445.pdf">17<sup>th</sup> December 09 Newport Crown Court transcript</a>, the last chance for the judge to get the prisoner to disclose his defence, before the jury trial began, may indicate the reality of a successful ‘machine gun' trial from being achieved.<br /></p> <p>4. The <a href="http://mauricejohnkirk.files.wordpress.com/2010/11/10-01-12-dr-2nd-silva-report.pdf">3<sup>rd</sup> November 09 Dr E.Silva medico-legal report </a>- in favour of Maurice.<br /></p> <p>5. The <a href="http://mauricejohnkirk.files.wordpress.com/2010/11/09-12-01-medical-kemp.pdf">1<sup>st</sup> December 09 Dr P. Kemp medical report</a> - in favour of Maurice.<br /></p> <p>6. The first page of ‘re-written' 18th September 09 Professor Roger Wood medical report was eventually released in June 2010 but only following repeated FOI and Data Protection Act applications by the patient. The original document, read, at the time by the patient, whilst inside Caswell Clinic, is being refused disclosure by both Dr Ruth Bagshaw and the NHS, to whom it was first addressed. </p>Warrant for Arrest (for how long?) - while Seeking Asylum in France - for these Reasonshttp://kirkflyingvet.com/blogs/legal/archive/2010/11/04/warrant-for-arrest-to-be-locked-up-for-how-long.aspxThu, 04 Nov 2010 10:00:00 GMTc7306cf9-8c9b-4f2c-8f21-f8b2637dc339:1700SabineKMcNeill<p><b>Maurice insists </b>in being arrested only for the purpose of going to court and meeting the judge who convicted him in his absence, despite his request for adjournment. But the Court is far from co-operating. Here's <a href="http://mauricejohnkirk.files.wordpress.com/2010/11/10-11-3-swp-assault-conv-mag.pdf">his account with questions</a> to the Court.</p> <p><b>The NHS </b>has asked their solicitors about the release of the medical records. The Judge and the Police's solicitors are meeting in Maurice's absence. </p> <p>Is the only purpose for solicitors to run up bills, while Maurice not only suffers physically, but is also made to suffer the anguish of having to be arrested for an indefinite period? </p> <p><b>The Police</b> are only doing their job. And the lawyers who tell the Law Enforcers what their job is,  don't care, do they...    </p> <p><b>The Royal College of Veterinary Surgeons </b>(through their lawyers) are protected from any wrong doing by their <a href="http://mauricejohnkirk.files.wordpress.com/2010/11/rcvs-1967-royal-charter.pdf">1967 Royal Charter</a>.  Here's what they should have done: </p> <p><b>Extract of 2004 Statutory Instrument:</b></p><p> 20.3 On receipt of an application to which this Rule applies, the application shall be listed for hearing within 3 months. </p><p>20.6 At the hearing of an application to which this Rule applies - </p><p>(a) The applicant shall be entitled to address the Committee, and to adduce evidence and make submissions, in support of the application;<br /> <br /> (b) The Solicitor shall be entitled to address the Committee, and to adduce evidence and make submissions, in opposition to the application. </p><p>As Louise Casey, the Victims Commissioner, said to me: we've got a hearts and minds job at hand...</p>NEWSFLASH: Warrant for Arrest by Cardiff Police means Political Asylum in Brittanyhttp://kirkflyingvet.com/blogs/news/archive/2010/11/02/newsflash-warrant-for-arrest-by-cardiff-police-means-political-asylum-in-brittany.aspxTue, 02 Nov 2010 14:53:00 GMTc7306cf9-8c9b-4f2c-8f21-f8b2637dc339:1685SabineKMcNeill<p><b>Maurice has just received a phone call </b>from Cardiff  police tel 02920527330: there is a WARRANT for ARREST out for him - the result of a court case that went ahead with a hearing, even though Maurice had asked for it to be adjourned and heard outside the Cardiff HM Court Service area. </p> <p>Cardiff Magistrates Court requested yet <a href="http://mauricejohnkirk.files.wordpress.com/2010/11/10-11-01-kirk-anonymised.pdf">another medical report</a>, even though two other courts have accepted his current medical condition. Unfortunately, the doctor's secretary forgot the attachment in her email, so the document reached the Court only by mid-day.   <br /></p> <p>Maurice is now applying for political asylum in Brittany, to obtain physical protection from a continuation of 18 years of violence by police oppression. The violence includes numerous crimes that were not investigated, against him, his family and his veterinary practice, besides brutal manhandlings, imprisonments and a long stay in a South Wales psychiatric clinic, as they were attempting to obtain a life imprisonment, without trial, by falsifying medical records. </p> <p>Maurice has obtained information to commence applications,for asylum, from both a very helpful Gendarmerie and the Mayor's office in Merdrignac but unable to obtain his essential morphine sulphate medication without returning to the UK, The doctor there requests all his medical records to prescibe a restricted analgesic. The medical records continue to be withheld by the Cardiff Crown Prosecution Service and National Health Service for fear of incriminating themselves.</p> <p>Cardiff Crown Court have failed to disclose relevant logs and transcripts, compounding the "conspiracy" and now allowing the medical records to be buried. The court log, as the one Maurice has just put up on the photo Gallery, relates to the video. Lawyers are running up costs whether he is able to show up or not.</p> <p>The Judicial Committee of Her Majesty's Privy Council wrote to Maurice, today. Would his long awaited Application against the Royal College of Veterinary Surgeons, to be heard very shortly, have anything to do with all this coinciding with the CPS refusing to disclose unused material, to the court that would undermine their case? Incidentally with the sad loss and the funeral this week of Suzon Forscey Moore: she was the one who kindly put together a legal submission on the merits of the 1966 Royal Charter, under which the RCVS conduct their disciplinary proceedings, being contrary to the 1998 Human Rights Act.</p> <p>When the "s..t" hits the fan, the ''m...e"  will come from Merdrignac!<br /></p>Maurice's Action for Civil Damages from a High Level Perspectivehttp://kirkflyingvet.com/blogs/news/archive/2010/11/01/maurice-s-action-for-civil-damages-from-a-high-level-perspective.aspxMon, 01 Nov 2010 17:31:00 GMTc7306cf9-8c9b-4f2c-8f21-f8b2637dc339:1680SabineKMcNeill<p><b>A friendly 'onlooker' </b>has been so concerned about Maurice's (the Claimant) health deteriorating, while nobody seems to care, except for the Defendant's lawyers running up their costs well above £800,000, that he wrote this 'legal framework' for considering the case as a whole. </p><p>In essence, "<a href="http://mauricejohnkirk.files.wordpress.com/2010/11/10-11-01-on-the-ethics1.pdf">On the Ethics, Philosophy and Politics of Maurice Kirk v South Wales Police</a>" makes the following points:</p><ul><li>human rights law needs to be considered: Article 6 of the EU Convention on Human Rights - the right to a fair trial</li><li>Oppression by police can be better explained now <br /></li><li>South Wales Police seek to avoid Fair, Proportionate & Proper Administration of Justice </li><li>Human Rights & Proportionality in a democratic society</li><li>Explanation of 'unusual', 'extreme' and 'indefinite'</li><li>Remedy and the Defendant's lawyers' attempts to erode democracy. <br /></li></ul>Today's Position Statement - with reference to Police Video http://kirkflyingvet.com/blogs/legal/archive/2010/10/17/today-s-position-statement-with-reference-to-police-video.aspxSun, 17 Oct 2010 09:36:00 GMTc7306cf9-8c9b-4f2c-8f21-f8b2637dc339:1646SabineKMcNeill<p>Despite headaches from his pain killing drugs, Maurice managed to put <a href="http://kirkflyingvet.com/files/folders/south_wales_police/entry1645.aspx">this position statement</a> together that also refers to the video that he put up on his front page, despite its bad quality. </p><p>The Police ought to disclose the good quality original! But they seem to think they make the law as well as enforce it...  <br /></p>Current Court Action adjourned for Two Weeks => Lunch after demo at Welsh Assemblyhttp://kirkflyingvet.com/blogs/news/archive/2010/10/15/current-court-action-adjourned-for-two-weeks-gt-lunch-after-demo-at-welsh-assembly.aspxFri, 15 Oct 2010 16:29:00 GMTc7306cf9-8c9b-4f2c-8f21-f8b2637dc339:1643SabineKMcNeill<p><b>You don't know </b>whether you want to sigh with relief or have a fit of anger, when you're being told that the judge had "other unforeseen problems" and therefore had to adjourn... </p><p>But as far as hip pain, hip operation and the release of medical records are concerned, Maurice now addressed the following people: </p><ul><li>the managers of the courts in Cardiff, Swansea and Newport are presented with these <a href="http://mauricejohnkirk.files.wordpress.com/2010/10/10-10-15-to-the-managers-of-crown-courts1.pdf">15 questions</a>  </li><li>which also went to the Health Ombudsman for Wales</li><li>and Alun Cairns MP, Edwina Hart AM, the Health Minister, and a lawyer.  </li></ul>Furthermore, Maurice is demonstrating outside the Welsh Assembly today and on Monday at 11am, when he'll buy lunch for everybody who will show up in his support.<br />Before Trial Day 12 in 2 weeks: Position Statementhttp://kirkflyingvet.com/blogs/legal/archive/2010/09/28/before-trial-day-12-in-2-weeks-position-statement.aspxTue, 28 Sep 2010 10:30:00 GMTc7306cf9-8c9b-4f2c-8f21-f8b2637dc339:1604SabineKMcNeill<p><b>Position Statement <br /></b>Kirk v South Wales Police<br />CF 101 741 etc<br /><br />28th Sept 2010<br /><br />Yesterday, His Honour expected me to talk for a week on law, as well, and on legal argument for not striking out the most relevant incidents of misfeasance, malice and deliberate inactivity. These included the Cowbridge Show case, jailed despite Breach of the Peace 'withdrawn', police leaving my vehicles abandoned on the road side, unlocked full of dangerous drugs, stolen cheques by known identified crooks not even interviewed, roundabout case, careless driving for rounding an empty five lane roundabout, two and one half times at 4mph with police caught in court saying,"we will get the *** driving around in his little white sports car", and the list went on and on.<br /><br />Case adjourned for 2 weeks for judge written order re MAPPA release of Executive Summaries... Police fighting tooth and nail, if released here or by Court of Appeal, I cannot publish on website or to be heavily 'redacted', cross out names , organisations etc...I have no worry about the latter. Barbara Wilding organised the prosecution weeks before my arrest dependent upon Dr Tegwyn Williams' false evidence. They even sat around the table, on the 8th June with others, known to me and Dolmans, discussing my proposed permanent departure from society.  <br /><br />I had long gone from court, due to too much morphine, possibly, having tried to juggle the amount for pain versus a woolly head! The case continued in my absence for the rest of the day. I was later told by someone in the audience... Judge not happy about adding 4th Action while police QC used the word 'vilification' more than once, stating my 'game' was always to bring in fresh evidence at the last moment! Rich from him refusing to identify all the police names at each incident or Crime Reference numbers to enquire as to the progress of any of the hundred or so encounters in my eight miserable years...<br /></p><p>I am not fit. So judge is pushing for the case to continue from home... my argument in writing... I cannot get my head round that idea when no court, not even this one, will order police to hand over medical evidence used on 2nd December 09, in Crown Court, in Defendant's 'last ditch' attempt to have me sectioned to Broadmoor, for life. <br /><br />I was only in court a few minutes today, but did hear judge confirm with police QC, trailing barrister, partner of Dolmans and their hangers on, all acknowledging the police, the Defendant, present in court, did not have the MAPPA 'minutes' of the Barbara Wilding chaired meetings!  </p><p>Why do I bother to attend at all?<br /></p><p>His Honour, yesterday, suggested I obtain a <a href="http://mauricejohnkirk.files.wordpress.com/2010/09/10-09-28-swp-witness-scrap-dealer.jpg">signed witness statement</a> from scrap dealer. So I enclose, obtained this morning, on Barry Island. The scrappy now told me I had originally complained to the police for not arresting him, in April 1996, for theft of car but police refused to investigate. Time passed until Jackie Seal, CPS prosecutor, was asked on how to get Kirk off the police back. She told the policeman go and arrest him, interview and then release, 'no charge' and in that way Kirk cannot get anywhere with it! This interview has now found six more witnesses implicated in the 3 Actions but CPS and Dolmans continue to refuse to disclose identity or crime reference numbers.<br /><br />Maurice J Kirk BVSc<br /><br /></p>Trial Day 11: Police deny having minutes of MAPPA meetingshttp://kirkflyingvet.com/blogs/legal/archive/2010/09/27/trial-day-11-police-deny-having-minutes-of-mappa-meetings.aspxMon, 27 Sep 2010 12:11:00 GMTc7306cf9-8c9b-4f2c-8f21-f8b2637dc339:1602SabineKMcNeill<p> <b>How do you measure </b>the quality of lying? Let me count the ways: </p><ol><li>by the quality of the <u>lyer</u>, i.e. it's worse when employees of a public authority, who are doing their job based on a professional oath, are lying</li><li>by the quality of the <u>truth</u>, i.e. if it's peanuts or a big deal, such as meetings about the surveillance of 'serious offenders' who pose supposedly a threat to the community <br /></li><li>by the <u>purpose</u> of the lie, i.e. what is achieved if the Police says they have no minutes? Maurice's case can be struck out. What if they disclose the minutes? Maurice might win his case and the Defendant might have to offer to settle out of court... <br /></li><li>by the <u>embarrassment imagined</u> in the mind of the lyer or their lawyers, i.e. who is going to pay for the lawyers' time: the taxpayer or Maurice who would presumably be bankrupted in the process...</li><li>by the <u>fear of bad PR</u> and the resulting bad image: who risks more: the Police or their lawyers?</li></ol><p>How does one ask </p><ul><li>for common sense or 'proportionality' in terms of law </li><li>for empathy with a man in pain</li><li>for sense and sensibility in terms of David and Goliath?</li></ul>Before Trial Day 11: a threat to those paid from the public purse under false pretenceshttp://kirkflyingvet.com/blogs/legal/archive/2010/09/27/before-trial-day-11-a-threat-to-those-paid-from-the-public-purse-under-false-pretences.aspxMon, 27 Sep 2010 10:28:00 GMTc7306cf9-8c9b-4f2c-8f21-f8b2637dc339:1601SabineKMcNeill<p><b>Maurice tries to live, </b>despite his serious health problems, and respond to the challenge of doing the right thing in court, even though his emails are getting blocked. Today the judge thought that Maurice is fit enough to carry on the case from home... <b>Anybody ever heard from a court case being carried out from home, because the authorities won't release medical records???</b><br /></p><p><a href="http://mauricejohnkirk.files.wordpress.com/2010/09/10-09-27-swp-application.pdf">Here is the document</a> that I delivered by email on his behalf: an Application for an Order with 4 requests: </p><ol><li>that the crime reference numbers that relate to the Applicant (Maurice) be disclosed</li><li>that the minutes of MAPPA meetings be disclosed</li><li>that the CPS (Crown Prosecution Service) disclose evidence not already disclosed <br /></li><li>that the 4th Action be joined with the current three actions. <br /></li></ol>A celtic knot of Actions that I'm still trying to unravel... <br /><p> </p><p>  </p>