Legal Battles : Cardiff Magistrates Court, Failed Disclosure http://kirkflyingvet.com/blogs/legal/archive/tags/Cardiff+Magistrates+Court/Failed+Disclosure/default.aspxTags: Cardiff Magistrates Court, Failed DisclosureenCommunityServer 2007 SP2 (Build: 20611.960)RCJ Critical of Cardiff Crown Court Practiceshttp://kirkflyingvet.com/blogs/legal/archive/2016/02/11/rcj-critical-of-cardiff-crown-court-practices.aspxThu, 11 Feb 2016 08:19:00 GMTc7306cf9-8c9b-4f2c-8f21-f8b2637dc339:4036Maurice Kirk1http://kirkflyingvet.com/blogs/legal/rsscomments.aspx?PostID=4036http://kirkflyingvet.com/blogs/legal/archive/2016/02/11/rcj-critical-of-cardiff-crown-court-practices.aspx#commentshttp://swarb.co.uk/kirk-regina-on-the-application-of-v-cardiff-crown-court-and-others-admn-21-jan-2015/ ,,,,,,,,, http://www.lawgazette.co.uk/crown-court-breached-open-justice-with-note-taking-ban/5053531 ....................http://www.pressgazette.co.uk/government-agency-forced-intervene-after-reporter-was-barred-taking-notes-magistrates-court-first Malfeasance in a Public Office? Various Welsh Criminal Court Anomalies before The Royal Courts of Justice ................. See also further detail on both MAURICEJOHNKIRK.WORDPRESS.COM & FACE BOOK web sites............ Thomas Crowther (judge) – Wikipedia, the free encyclopedia , http://www.barryanddistrictnews.co.uk/news/5000624.Barry_s__Flying_Vet__Maurice_Kirk_cleared_of_firearms_charges/ . Still more wheel nuts are coming dangerously loose on HM Partnership’s ‘gravy train’ following today’s Royal Courts of Justice ruling, handed down by Lord Justice Burnett and Mr Justice Sweeney, meaning ‘Code Napoleon’ may be here quicker than you think? . , Blatant denial in Wales, for mere mortals in their public gallery or one of Cardiff’s bullet/sound proof docks, to take notes of evidence on behalf of the police victim, is over. . . This means Her Majesty’s subjects, in Wales now, may shortly also have access to what lawyers have always had – access to hear the court tapes( CDs)-during and after trials. BUT His Lordship distinctly stated that I would continue, for the time being at least, to pay the “modest fee” charged for the transcript and things appeared different in Wales. . . In this particular Judicial Review, my 64th, it cost me over £1,200 which caused an amusing interlude in such a bizarre environment when finding myself opposing an ex Taunton School prefect, Mr Douglas-Jones QC, the CPS barrister for the Welsh Police, no less, despite being already ‘dead in the water’ fighting, rather well, a rear guard action of opposing my return of my transcript fees when reliant on undisclosed evidence of my apparent ‘conduct’ in the court below. . . Having been refused the right to apply for legal aid, eye witnesses, disclosure of custody records, the three prison officers who saw me arrest Mr Rogan in Cardiff prison, for withholding my passport on police orders, copy from any one of the seven CCTV cameras also recording the very hilarious event, my ‘conduct’ in the court below was just routine. . . I Cardiff criminal courts you are invariably denied your legal papers in the court room and if a prisoner you are not even allowed to take them off the prison wing. . . That day, in Cardiff’s Crown Court, before HHJ Crowther QC, I could neither see nor hear much of what was going as my hearing aid had been pinched from my cell, my glasses secreted in in my legal papers, at the foot of the court stairs, hoping to get at the file and compounded by the discomfort from temporary haemorrhoids caused by so much legal data having to be regularly stuffed up my rectum. . . I was was quickly stopped, more than once, by Their Lordships from enquiring as to what evidence of so called prisoner ‘conduct’ did the CPS refer and by whom did this HM barrister obtain such allegations if not from the South Wales Police? A touch of the re run, I thought, of Downing Street’s HM Privy Council/ RCVS Deja vu? This will be the next HM ‘cosey relationship’ within our South Wales Police/HM Judges/HM Crown Prosecution Service/HM Court and Tribunal Service needing to be quashed AND maybe, without even the need to cross the Severn Bridge! 16 02 04 RCJ note jugment 16 02 08 note taking CO042492014-Final Order His Honour Judge Seys Llewellyn QC, in my protracted actions against the South Wales Police for over 20 years of malicious prosecutions, has granted time for the production of further evidence of: An over arching course of conduct of police misfeasance in a public office My right in exposing Barbara Wilding’s ‘shoot to kill’ intention, following her clandestine 8th June 2009 Barry police station’s meeting, to have me registered MAPPA level 3 category 3, has been thwarted by His Honour Judge Seys Llewellyn QC this week. The MAPPA meeting had consisted only of senior police management and her chief forensic psychiatrist, Dr Tegwyn Williams, with his psychiatric nurse, Ms Elizabeth Paul both of Caswell Clinic’s medium secure psychiatric unit housed in Glanrhydd Hospital, Bridgend, South Wales. The then Chief Constable had blackmailed Dr Tegwyn Williams to concoct NHS (Wales) medical reports to have her adversary in court, claiming damages, to be locked away, hopefully indefinitely, in Ashworth high security psychiatric hospital without any need for the ‘machine gun’ trial. '' . . WANTED Dr Tegwyn Williams WANTED poster ' ' Machine Gun Case one page summary ' . 14 01 23 HMP Swansea Brain Scan . . No evidence of Dr Tegwyn William s diagnosis of ‘significant brain damage’ or Crown Prosecutor Richard Thomlow’s pleading for MAPPA 3/3 victim be incarcerated in Ashworth High Security Psychiatric Hospital, with possible brain tumour, indefinitely. . . Mr Thomlow is now a Welsh judge, incidentally, which must signify the obvious while Dr Tegwyn Williams was sacked from the NHS for what he has done and now down in Christchurch, New Zealand, I last heard. . . .I have personal experiences of NZ police, in my jaunt around that great place, in Liberty Girl, that lost more per capita than any other HM King George Country in WW2, …..Yes, I was stopped by NZ police for various mischievous allegations, BUT always with a smile! I wish Dr TW and wife well as they will not be black-mailed by that police force, for sure This then flurry of mine, of futile activity ‘with authority’, was entirely my mistake on the huge assumption I would get their help, after Barbara Wilding had to falsify a court affidavit confirming FULL DISCLOSURE had been completed: MG Trigger MAPPA Restricted.<img src="http://kirkflyingvet.com/aggbug.aspx?PostID=4036" width="1" height="1">Her Majesty's PrerogativeRoyal College of Veterinary SurgeonsYouTubeMachine GunCaswell ClinicCardiff PrisonMAPPASouth Wales Police Edwina Hart AMDr Tegwyn WilliamsCardiff Magistrates CourtGMCFailed DisclosureAbuse of ProcessSouth Wales Police cover-upProfessor Rodger WoodDr Bruce FergussonLuigi StranatiDavid Gareth EvansCCRCA Sample of 'What Daily goes on in our UK Law Courts'http://kirkflyingvet.com/blogs/legal/archive/2015/10/13/a-sample-of-what-daily-goes-on-in-our-uk-law-courts.aspxTue, 13 Oct 2015 08:00:00 GMTc7306cf9-8c9b-4f2c-8f21-f8b2637dc339:4024Maurice Kirk0http://kirkflyingvet.com/blogs/legal/rsscomments.aspx?PostID=4024http://kirkflyingvet.com/blogs/legal/archive/2015/10/13/a-sample-of-what-daily-goes-on-in-our-uk-law-courts.aspx#comments13th October 2015 1st Dec 2011 Cardiff Magistrates Harassment Conviction Failed Disclosure contrary to Criminal Procedure Rules While I continue to scour the country for a solicitor, to accept instructions for simple disclosure of court records, I will list again what is needed to clear my name of six imprisonments, amounting to three years of my life, deliberately concocted by the South Wales Police simply to prejudice our multiple civil proceedings. 1. Full magistrates court records of the twelve hearings and especially those of the clerk of the court. 2. Copies of all of the prosecution exhibits especially the ones slipped in, on the day of the substantive hearing, suggesting a missive was sent by the victim to Caswell Clinic, Bridgend's police chief psychiatrist. 3. Why was their victim repeatedly denied copies of the magistrate's court exhibits needed to fight the appeal? 3. Full court records of 1st April 2012 Cardiff Crown Court appeal against harassment conviction. 4. Evidence relied on by 4th May 2012 trial judge (1st 'breach of a restraining order') when informing the jury, following their jury note to him, that the magistrates' records were 'not available'. 5.Evidence before Their Lordships, in March 2013, when their reason to refuse the appeal was because no evidence was sent from the Cardiff Crown Court, in the first place, that the jury had asked to see the clerk of the court's notes. Jury had specifically asked for clerk's contemporaneous notes following his hiding in a cell. 6. Full copy of the original court records obtained by the Crown Prosecution Service on, admitted, at least three occasions following alterations to them, each time, by others. 7. Full copy of the magistrate's court records, by February 2012 when copied to the Criminal Cases Review Commission following the victim’s complaint that he had no knowledge of any such 'retaining order ' having been handed down yet alone served on him! 8. Full copy of the victim's immediate 'gate arrest' police records following his release on 1st December 2011 from the Cardiff magistrates' cell that will also record no ‘restraining order’ was given to their prisoner. 9. The identity and full records of the Geoamey Custodial Services officers, on duty that day, who can each give evidence to clear this police victim's name. Why is it, time and time again in our British judicial system, where HM Partnership individuals get ‘found out’ but are privileged to be immune to prosecution, their victims, instead, are made to suffer all the more? Maurice J Kirk BVSc SEE http://.www.butlincat.wordpress.com Who will help Maurice to go to Royal Courts of Justice and European Court?<img src="http://kirkflyingvet.com/aggbug.aspx?PostID=4024" width="1" height="1">YouTubeSouth Wales PoliceMachine GunCaswell ClinicRoyal Courts of JusticeMAPPACardiff County CourtIPCCCardiff Magistrates CourtharassmentGMCFailed DisclosureAbuse of ProcessNHS WALESDavid Gareth EvansCCRCCriminal Cases Review Commission receive more 'New Evidence' in Three Cardiff Crown Court Mis-trialshttp://kirkflyingvet.com/blogs/legal/archive/2015/10/11/criminal-cases-review-commission-receive-new-evidence-of-three-jury-mistrials.aspxSun, 11 Oct 2015 17:12:00 GMTc7306cf9-8c9b-4f2c-8f21-f8b2637dc339:4022Maurice Kirk1http://kirkflyingvet.com/blogs/legal/rsscomments.aspx?PostID=4022http://kirkflyingvet.com/blogs/legal/archive/2015/10/11/criminal-cases-review-commission-receive-new-evidence-of-three-jury-mistrials.aspx#commentsBreaking News ‘Breached’ Restraining Order never ever was served on their victim in the first place!--------- Their Lordships’ March 1013 judgment has been located to reveal, in paragraph 9, they were never aware of a ‘jury note’, as with the victim, specifically asking Judge Paul Thomas QC, on 4th May 2012, for 1st December 2011 Cardiff clerk of the court’s court file re ‘harassment of a doctor’ conviction.--------- . His Honour, apparently, in the police victim’s forced absence for urgent medical attention, was informed by the HM Crown Prosecution Service (Wales) there were no court records available relevant to the jury’s wishing to see proof after the gaoler had specifically admitted, but only on cross examination, Geoamy had no record either of any ‘service’ in the cells by them. So just who did then?---------. It has only just been established, via Bristol solicitors and the Criminal Cases Review Commission, when the latter seized the court file in February 2012, that there was no record at all in either the clerk’s contemporaneous notes or court log either.--------. Police records of their victim’s ‘gate arrest’, immediately after his 1st Dec 2011 release, show no evidence either of a ‘restraining order’ was ever served. Their blackmailed police psychiatrist, made to fabricate psychiatric reports to scupper their victim’s long running damages claims of police bullying, harassment, malicious prosecutions and false imprisonments, was soon sacked from NHS (Wales). Their victim has served six prison terms so far, over this, totalling well over three years of his life. . . The Manager Crown Court Cardiff 5th Oct 2015 Dear Sir, DPP V MAURICE JOHN KIRK BVSc – APPLICATION UNDER PART 5.7(2)(A)(B) OF THE CRIMINAL PROCEDURE RULES 2014 I write to request to be supplied with copies of all documents that are retained on the court file in respect of my 1st Dec 2011 harassment conviction, on appeal and heard at your court on 1st March 2012, under Part 5.7(2)(a)(b) of the Criminal Procedure Rules 2014 and any other relevant rule of law. I refer you to the case of R (Guardian New & Media Ltd.) v. City of Westminster Magistrates’ Court (2012) EWCA Civ 420; [2013] 1 W.L.R. 618 dealing with the right to obtain copies of documents used in court cases, along with Part 5 of the Criminal Procedure Rules 2015 and Practice Direction. You will note that there is a presumption in favour of such disclosure in the interests of “open justice” as was voiced by subsequent judges, seized with the matter, in both your building and one in England. I therefore look forward to receiving the court’s decision in relation to my requests under the Criminal Procedure Rules 2014 at your earliest kind convenience. Yours faithfully Maurice John Kirk BVSc <img src="http://kirkflyingvet.com/aggbug.aspx?PostID=4022" width="1" height="1">South Wales PoliceCaswell ClinicCardiff PrisonMAPPAbarbara wildingFreemansonryCardiff Magistrates CourtFailed DisclosureAbuse of Processchild snatchingMusa snatched childrenProfessor Rodger WoodDavid Gareth EvansCCRCPlease find me a lawyer I can trusthttp://kirkflyingvet.com/blogs/legal/archive/2015/05/28/please-someone-find-me-a-lawyer.aspxThu, 28 May 2015 06:23:00 GMTc7306cf9-8c9b-4f2c-8f21-f8b2637dc339:3939Maurice Kirk0http://kirkflyingvet.com/blogs/legal/rsscomments.aspx?PostID=3939http://kirkflyingvet.com/blogs/legal/archive/2015/05/28/please-someone-find-me-a-lawyer.aspx#comments<p><i><font face="helvetica">Please</font></i> help as I am currently trawling through London lawyers again for forteen valid torts following yet another South Wales Police 'stitch up' for fear of their pensions.  In a way the 'machine gun' case needed to have been lost as none of this then needed to be concocted. Role on the day for Welsh judicial autonomy and its own well deserved police force! </p><p><a href="http://kirkflyingvet.com/blogs/legal/15%2005%2028%20BS%20Medical%20Update%20R.pdf">15 05 28 BS Medical Update R.pdf</a> </p><img src="http://kirkflyingvet.com/aggbug.aspx?PostID=3939" width="1" height="1">Royal College of Veterinary SurgeonsMachine GunCaswell ClinicCardiff PrisonMAPPAFraud Actmedical recordsCardiff Magistrates CourtHuman Rights Act InfringementsFailed DisclosureAbuse of ProcessNHS WALEScardiff courtsMusa snatched children NHS WALESProfessor Rodger WoodLuigi StranatiDavid Gareth EvansThe Closing Submissions for 23 year running South Wales Police Bullying Case http://kirkflyingvet.com/blogs/legal/archive/2015/05/08/the-closing-submissions-for-23-year-running-south-wales-police-bullying-case.aspxFri, 08 May 2015 08:31:00 GMTc7306cf9-8c9b-4f2c-8f21-f8b2637dc339:3917Maurice Kirk0http://kirkflyingvet.com/blogs/legal/rsscomments.aspx?PostID=3917http://kirkflyingvet.com/blogs/legal/archive/2015/05/08/the-closing-submissions-for-23-year-running-south-wales-police-bullying-case.aspx#comments<p> These documents are only a small proportion of evidence in this case as other submissions will shortly be published</p><p><a href="http://kirkflyingvet.com/blogs/legal/13%2007%2016%20Claimants%20Closing%20Submissions%20KIRK%20v%20SOUTH%20WALES%20POLICE%20BS%20614159.pdf">13 07 16 Claimants Closing Submissions KIRK v SOUTH WALES POLICE BS 614159.pdf</a> </p><p><a href="http://kirkflyingvet.com/blogs/legal/13%2005%2028%20Consolidation%20Application%20BS614159%20etc.pdf">13 05 28 Consolidation Application BS614159 etc.pdf</a></p><p> </p><img src="http://kirkflyingvet.com/aggbug.aspx?PostID=3917" width="1" height="1">South Wales PoliceMachine GunMAPPACardiff Magistrates CourtFailed DisclosureAbuse of ProcessNHS WALESProfessor Rodger WoodDr Bruce FergussonDistrict Judge Bodfan Jenkins. District Judge John CharlesBarristers David Gareth Evans & Rachael Anthony on Oathhttp://kirkflyingvet.com/blogs/legal/archive/2013/06/26/barrister-david-gareth-evans-on-oath.aspxWed, 26 Jun 2013 06:50:00 GMTc7306cf9-8c9b-4f2c-8f21-f8b2637dc339:2989Maurice Kirk3http://kirkflyingvet.com/blogs/legal/rsscomments.aspx?PostID=2989http://kirkflyingvet.com/blogs/legal/archive/2013/06/26/barrister-david-gareth-evans-on-oath.aspx#comments<p> <font face="Times New Roman" size="3"> </font></p><p class="MsoNormal" style="margin:0cm 0cm 10pt;"><b style="mso-bidi-font-weight:normal;"><span style="line-height:115%;font-size:18pt;"><font face="Calibri">Draft Restraining Order Found!!</font></span></b></p><p><font face="Times New Roman" size="3"> </font></p><p class="MsoNormal" style="margin:0cm 0cm 10pt;"><span style="line-height:115%;font-size:18pt;"><font face="Calibri">The 1<sup>st</sup> December 11 draft restraining order, re harassment conviction of an unusual police psychiatrist, hand written by District Judge John Charles, was mysteriously suddenly found yesterday in Cardiff magistrates in a hearing denied the usual press coverage.</font></span></p><p><font face="Times New Roman" size="3"> </font></p><p class="MsoNormal" style="margin:0cm 0cm 10pt;"><span style="line-height:115%;font-size:18pt;"><font face="Calibri">Produced by Barrister David Gareth Evans first complaining I had assaulted him during by my private person’s arrest for his continuing abuse of his position as Her Majesty whilst prosecuting in a UK British Court this revelation is a break through to go back to Lord Leveson at the Criminal Court of Appeal.</font></span></p><p><font face="Times New Roman" size="3"> </font></p><p class="MsoNormal" style="margin:0cm 0cm 10pt;"><span style="line-height:115%;font-size:18pt;"><font face="Calibri">My 23<sup>rd</sup> April 2013 arrest of this lawyer, carried out following indication the South Wales Police would not investigate on my behalf, as to how this HM Crown Prosecutor, David Gareth Evans of 9 Park Place Chambers, Cardiff, had clearly perverted the course of justice AND the offence is still on going. when he originally watched NHS (Wales) doctor, the complainant in the original harassment summary hearing, have me registered his mental patient simply so he could not be cross examined by me!</font></span></p><p class="MsoNormal" style="margin:0cm 0cm 10pt;"><span style="line-height:115%;font-size:18pt;"><a href="http://kirkflyingvet.com/blogs/legal/13%2005%2007%20mental%20health%20Letter.png"><img src="http://kirkflyingvet.com/blogs/legal/13%2005%2007%20mental%20health%20Letter.png" border="0" alt="" /></a></span></p><p class="MsoNormal" style="margin:0cm 0cm 10pt;"><span style="line-height:115%;font-size:18pt;"><font face="Calibri">I politely warned the visiting district judge, a Mr Layton, believed to be from outside Wales, that until this doctor and those hell bent in conspiring with him, to have me either shot or incarcerated for life, by blocking the GMC from intervening, then he would being seeing a lot of me in his courts as each new charge is fabricated.</font></span></p><p><font face="Times New Roman" size="3"> </font></p><p class="MsoNormal" style="margin:0cm 0cm 10pt;"><span style="line-height:115%;font-size:18pt;"><font face="Calibri"><span style="mso-spacerun:yes;"> </span>It all stinks, doesn’t it? But what is new under the sun where UK law courts are concerned?</font></span></p><p><font face="Times New Roman" size="3"> </font></p><p class="MsoNormal" style="margin:0cm 0cm 10pt;"><span style="line-height:115%;font-size:18pt;"><font face="Calibri">This now disclosed draft restraining order has been deliberately withheld from me, not just for my countless failed bail applications but my 1st March 12 Cardiff Crown Court of Appeal against imprisonment, the 4<sup>th</sup> May 12 jury trial, for being in breach of it with a further vindictive stretch of imprisonment when I was never served with a restraining order in the first place1</font></span></p><p class="MsoNormal" style="margin:0cm 0cm 10pt;"><span style="line-height:115%;font-size:18pt;"><font face="Calibri">Even my 2013 Criminal Court of Appeal applications, before Lord Leveson et al and my current Judicial Review application, again blocked by the HM Cardiff Cabal, for this very court hearing to be adjourned, is a scandal in itself.</font></span></p><p><font face="Times New Roman" size="3"> </font></p><p class="MsoNormal" style="margin:0cm 0cm 10pt;"><span style="line-height:115%;font-size:18pt;"><font face="Calibri">Both HM Court Service and HM Crown Prosecution Service had previously deniedall knowledge’ of such a hand written document which now only leaves the one, unless this was this one that my human rights workers saw being brought back from the cells, on 1<sup>st</sup> December 2011, following my refusal to read it yet alone approve of it? </font></span></p><p><font face="Times New Roman" size="3"> </font><span style="line-height:115%;font-size:18pt;"><font face="Calibri">Yesterday's conspiracy, with an empty public gallery, unfolded further by the ‘finding’ of another draft version actually stapled to it!!!!!</font></span></p><p class="MsoNormal" style="margin:0cm 0cm 10pt;"><span style="line-height:115%;font-size:18pt;"><font face="Calibri"></font></span> <a href="http://kirkflyingvet.com/blogs/legal/11%2012%2001%201st%20Draft%20Restraining%20Order.jpg"><img src="http://kirkflyingvet.com/blogs/legal/11%2012%2001%201st%20Draft%20Restraining%20Order.jpg" border="0" alt="" /></a></p><p><font face="Times New Roman" size="3"> </font></p><p class="MsoNormal" style="margin:0cm 0cm 10pt;"><span style="line-height:115%;font-size:18pt;"><font face="Calibri">This version, with no hand writing on it, other than my own made in the 4<sup>th</sup> May 12 Cardiff Crown Court dock, was the ‘draft’ the very minute Evans had produced it from ‘out of a hat’. It followed the judge’s order, the day before, to ‘go find it’. [This followed Evans’ admission that he may need to be Mr Kirk’s defence witness as the ‘hand written draft’ was still up in his Merthyr Tydfil CPS office. </font></span></p><p><font face="Times New Roman" size="3"> </font></p><p class="MsoNormal" style="margin:0cm 0cm 10pt;"><span style="line-height:115%;font-size:18pt;"><font face="Calibri">Despite admitting the day before, before both the trial judge Curran QC, my friends in the public gallery and Mackenzie Friend in the dock, he had a typed a version, he had handed this same one, now in the 2013 Cardiff magistrates court, to District Judge John Charles, on 1<sup>st</sup> Dec 11 to promptly scrawl all over it with his fountain pen, to ‘beef it up’, before ordering it be taken down to the cells for my so called ‘approval’.</font></span></p><p><font face="Times New Roman" size="3"> </font></p><p class="MsoNormal" style="margin:0cm 0cm 10pt;"><span style="line-height:115%;font-size:18pt;"><font face="Calibri">The apparent criminal conduct of <strong><em>barrister Ms Anthony, from Middle Temple, London</em></strong>, was possibly worse, shipped in to give the impression of ‘no bias’ or real risk of bias, when I was refused the right to have the case heard outside South Wales.</font></span></p><p class="MsoNormal" style="margin:0cm 0cm 10pt;"><span style="line-height:115%;font-size:18pt;"><font face="Calibri">Iscoed Chambers is Swansea and outside South Wales Police territory</font></span></p><p><font face="Times New Roman" size="3"> </font></p><p class="MsoNormal" style="margin:0cm 0cm 10pt;"><span style="line-height:115%;font-size:18pt;"><font face="Calibri">Ms Anthony repeatedly mislead the court by telling the also ‘shipped in’ district judge, ‘<b style="mso-bidi-font-weight:normal;"><i style="mso-bidi-font-style:normal;">there was nothing on file’</i></b>, at Cardiff CPS HQ and that there was no letter or telephone CPS record from either my Bristol based solicitors or Cardiff based barrister for basic or section 8 disclosure.......</font></span></p><p class="MsoNormal" style="margin:0cm 0cm 10pt;"><span style="line-height:115%;font-size:18pt;"><font face="Calibri">.....the bl**dy lying little b*tch or was she simply lied to by Cardiff CPS? Either way, she had a duty to the court first.</font></span></p><p class="MsoNormal" style="margin:0cm 0cm 10pt;"><span style="line-height:115%;font-size:18pt;"><font face="Calibri">This very abuse is rife now in Cardiff courts and no doubt, elsewhere and is the major reason why the once revered UK adversarial system, a solicitor implanted between client and court advocate, is so strongly fought to be maintained?</font></span></p><p class="MsoNormal" style="margin:0cm 0cm 10pt;"><span style="line-height:115%;font-size:18pt;"><font face="Calibri">For after over forty years of experience in London's Royal Courts of Justice, Taunton, Hampshire, Guernsey and Jersey, time and time again, I have witnessed barristers lying, through their back teeth, on oath or appearing to lie, as the little game is to keep the judge sweet and not compromised while their bank balances continue to swell. </font></span></p><p class="MsoNormal" style="margin:0cm 0cm 10pt;"><span style="line-height:115%;font-size:18pt;"><font face="Calibri">[Despite my personal experience I still strongly support the basic principle of a solicitor needing to put up with the, oh so often, awkward client and all his irrelevancies leaving the barrister to remain uncluttered with the job in hand and not with the baggage some clients bring along to the table!].</font></span></p><p class="MsoNormal" style="margin:0cm 0cm 10pt;"><span style="line-height:115%;font-size:18pt;"><font face="Calibri">[ I fear still further break down of our judicial system, shortly, as more and more litigants in person (LiPs) are forced to conduct their own cases so often bringing mayhem to an already mysterious system based on discretion and not, apparently, the rule of law.] </font></span></p><p class="MsoNormal" style="margin:0cm 0cm 10pt;"><span style="line-height:115%;font-size:18pt;"><font face="Calibri">1. the instructing solicitor gathers the evidence and prepares the case for the Crown</font></span></p><p class="MsoNormal" style="margin:0cm 0cm 10pt;"><span style="line-height:115%;font-size:18pt;"><font face="Calibri">2. the solicitor, in this case HM Crown Prosecution Service, Cardiff, hands the file to the barrister often on his or her arrival, usually by train, at court</font></span></p><p class="MsoNormal" style="margin:0cm 0cm 10pt;"><span style="line-height:115%;font-size:18pt;"><font face="Calibri">3. this is where it all gets rather murky. A need to know basis is the art behind good advocacy .</font></span></p><p class="MsoNormal" style="margin:0cm 0cm 10pt;"><span style="line-height:115%;font-size:18pt;"><font face="Calibri">4.  In yesterday's trial for example, just as in my recent three month civil action against the police, when ever the prosecuting barrister (or defence barrister) is asked something he or she already knows the truth over some fact or other but body language, hand signals and facial expressions etc. come into play. such communication of information, not recorded on tape or clerk of court written record, between the thee players, the judge, the barrister and team of instructing solicitors sitting quietly behind can so often go unnoticed by the unsuspecting client in the dock!</font></span></p><p class="MsoNormal" style="margin:0cm 0cm 10pt;"><span style="line-height:115%;font-size:18pt;">5. Yesterday was a classic, for example, over reasons why the case should obviously been adjourned. Time and time again it was obvious her replies were because she had been either withheld information, as to my numerous attempts to have relevant documents to be disclosed or she already knew.</span></p><p class="MsoNormal" style="margin:0cm 0cm 10pt;"><span style="line-height:115%;font-size:18pt;"> BUT did she know that or was she told 'don't ask'? </span></p><p class="MsoNormal" style="margin:0cm 0cm 10pt;"><span style="line-height:115%;font-size:18pt;">6. This Swansea visiting barrister may have left the court with unblemished character but both Mackenzie Friend and myself may well think otherwise.  </span></p><p><font face="Times New Roman" size="3"> </font></p><p class="MsoNormal" style="margin:0cm 0cm 10pt;"><span style="line-height:115%;font-size:18pt;"><font face="Calibri">Having suffered more than twenty years of this kind of inherent deceit in Cardiff law courts I promptly summoned my barrister who, by sheer coincidence, was just outside the door 0f Number 2 magistrates court and to come in and told both judge and bent barristers, the truth. [Evans stated he had never seen the prosecution's CCTV footage]</font></span></p><p><font face="Times New Roman" size="3"> </font></p><p class="MsoNormal" style="margin:0cm 0cm 10pt;"><span style="line-height:115%;font-size:18pt;"><font face="Calibri">Not only had my barrister written to the Cardiff CPS, for obviously needed disclosure, on my behalf but his letter to me was up on my website, with his permission, he having also made numerous telephone calls to both CPS HQ and CPS lawyer, Tony Dicken, re my one million pound damages claim against the NHS (Wales) forensic psychiatrist.</font></span></p><p class="MsoNormal" style="margin:0cm 0cm 10pt;"><span style="line-height:115%;font-size:18pt;"><font face="Calibri"> CPS barrister Richard Tohmlow had already applied to His Honour Judge Neil Bidder QC that I be incarcerated in Ashworth High Security Psychiatric Prison, for life, as medical reports stated I suffered ‘significant brain damage’, a possible brain tumour when diagnosed with 'paranoid delusional disorder' in that I believed the South Wales police were persecuting me. Well, "perish the thought"!.</font></span></p><p class="MsoNormal" style="margin:0cm 0cm 10pt;"><span style="line-height:115%;font-size:18pt;"><font face="Calibri"> Incidentally neither the Cardiff judge nor the CPS ever notified me I was registered MAPPA level 3, one from the top 5% most dangerous still breathing in the UK</font></span></p><p class="MsoNormal" style="margin:0cm 0cm 10pt;"><span style="line-height:115%;font-size:18pt;"></span> </p><p class="MsoNormal" style="margin:0cm 0cm 10pt;"><span style="line-height:115%;font-size:18pt;"><a href="http://kirkflyingvet.com/blogs/legal/09%2012%2002%20Transcript%20Crn%20Crt%20REDACTED.pdf">09 12 02 Transcript Crn Crt REDACTED.pdf</a></span><span style="line-height:115%;font-size:18pt;"> </span></p><p class="MsoNormal" style="margin:0cm 0cm 10pt;"><span style="line-height:115%;font-size:18pt;"> </span></p><p class="MsoNormal" style="margin:0cm 0cm 10pt;"><span style="line-height:115%;font-size:18pt;"><a href="http://kirkflyingvet.com/blogs/legal/09%2009%2030%20INTERIM%20PSYCHIATRIC%20REPORT%20Oct1%202009%20%20REDACTED.pdf">09 09 30 INTERIM PSYCHIATRIC REPORT Oct1 2009 REDACTED.pdf</a> </span></p><p class="MsoNormal" style="margin:0cm 0cm 10pt;"><span style="line-height:115%;font-size:18pt;"></span> </p><p class="MsoNormal" style="margin:0cm 0cm 10pt;"><span style="line-height:115%;font-size:18pt;"></span> </p><p class="MsoNormal" style="margin:0cm 0cm 10pt;"><span style="line-height:115%;font-size:18pt;"><font face="Calibri"> With both Barbara Wilding, the then Chief Constable and the rogue doctor, in clandestine Caswell Clinic multiple meetings, having me registered MAPPA level 3 and jailed for trading in illicit machine guns, just what will the cabal dream up next, I wonder?</font></span></p><p class="MsoNormal" style="margin:0cm 0cm 10pt;"><span style="line-height:115%;font-size:18pt;"><a href="http://kirkflyingvet.com/blogs/legal/lewis%20and%20cub%20.jpg"><img src="http://kirkflyingvet.com/blogs/legal/lewis%20and%20cub%20.jpg" border="0" alt="" /></a></span></p><p><font face="Times New Roman" size="3"> </font></p><p class="MsoNormal" style="margin:0cm 0cm 10pt;"><span style="line-height:115%;font-size:18pt;"><font face="Calibri">My barrister went on to say, to an unusually listening judge for Cardiff, that the civil action was seriously entwined with these criminal proceedings and needing the basic ‘disclosure’ for both of the South Wales Police conspiracy, hatched as far back as May 1993, as the on going three month trial has just proved, to block my seven damages claims, against them, due my being bullied with malicious prosecutions, false imprisonments and refusal to investigate crime on my behalf. </font></span></p><p><font face="Times New Roman" size="3"> </font></p><p class="MsoNormal" style="margin:0cm 0cm 10pt;"><span style="line-height:115%;font-size:18pt;"><font face="Calibri">This caused adjournment and lengthy telephone calls by the London barrister to those in Cardiff’s CPS who, of course, should have been in court from the start with all the answers and so face the ‘music’. </font></span></p><p><font face="Times New Roman" size="3"> </font></p><p class="MsoNormal" style="margin:0cm 0cm 10pt;"><span style="line-height:115%;font-size:18pt;"><font face="Calibri">Just another example as to why my tape recording of the court proceedings was not allowed, needed as we no longer have a ‘free press’ and because our British legal fraternity are still privileged to be allowed such a perverse adversarial system, too often before our very eyes, riddled with criminal conspiracies, such as what yesterday’s hearing exposed and remaining unpunished. <span style="mso-spacerun:yes;"> </span></font></span></p><p class="MsoNormal" style="margin:0cm 0cm 10pt;"><span style="line-height:115%;font-size:18pt;"><font face="Calibri"><span style="mso-spacerun:yes;">The visiting judge ordered the production of the unsealed 'brown envelope', as well, with secret orders to the 1st Dec 11 district judge from His honour judge Llewellyn Jones QC, inadvertently slipped out of the Cardiff cabal's hoard of embarrassing docs, amongst HM Court Service clerk of the court records, asked for and denied to my May 12 jury.</span></font></span></p><p class="MsoNormal" style="margin:0cm 0cm 10pt;"><span style="line-height:115%;font-size:18pt;"><font face="Calibri"><span style="mso-spacerun:yes;"> The Cardiff Crown Court, shortly, will willingly, no doubt, have it produced to crush my many recent convictions, in the name of so called 'justice' now the author has retired.</span></font></span></p><p class="MsoNormal" style="margin:0cm 0cm 10pt;"><span style="line-height:115%;font-size:18pt;"><font face="Calibri"><span style="mso-spacerun:yes;"> </span></font></span></p><p class="MsoNormal" style="margin:0cm 0cm 10pt;"><span style="line-height:115%;font-size:18pt;"><font face="Calibri"><span style="mso-spacerun:yes;"><a href="http://kirkflyingvet.com/blogs/legal/11%2011%2014%20HHJ%20sealed%20orders.jpg"><img src="http://kirkflyingvet.com/blogs/legal/11%2011%2014%20HHJ%20sealed%20orders.jpg" border="0" alt="" /></a> </span></font></span></p><p class="MsoNormal" style="margin:0cm 0cm 10pt;"><span style="line-height:115%;font-size:18pt;"><font face="Calibri"><span style="mso-spacerun:yes;"> </span></font></span></p><p class="MsoNormal" style="margin:0cm 0cm 10pt;"><span style="line-height:115%;font-size:18pt;"><font face="Calibri"><span style="mso-spacerun:yes;">Clearly, yet another set of criminal proceedings must be instigated somehow while this current matter is on a deliberately delayed Cardiff Crown Court appeal, like last time, in order to force the Cardiff cabal to give disclosure of simple public documents.</span></font></span></p><p class="MsoNormal" style="margin:0cm 0cm 10pt;"><span style="line-height:115%;font-size:18pt;"><font face="Calibri"><span style="mso-spacerun:yes;">It appears, as I pleaded to the visiting judge to intervene, to be the only way to have my erroneous Caswell Clinic Prison, Bridgend,  medical records totally expunged and for the culprits to be sent to prison.</span></font></span></p><p class="MsoNormal" style="margin:0cm 0cm 10pt;"><span style="line-height:115%;font-size:18pt;"><font face="Calibri"><span style="mso-spacerun:yes;">Early on in yesterday's proceedings I recommended to the court some sort of restraint order aught to be handed down, which I would eagerly agree to, in that I had no wish to approach or arrest this crook, again, as I was filing private prosecution papers, anyway, as my complaint to the Bar Council, sent out from the prison had achieved the expected. </span></font></span></p><p class="MsoNormal" style="margin:0cm 0cm 10pt;"><span style="line-height:115%;font-size:18pt;"><font face="Calibri"><span style="mso-spacerun:yes;">If and when I receive any restraining order it will join my appeal already lodged at Cardiff Crown Court asking, again, for an outside police force, to investigate the widespread unchecked corruption throughout so many performing in South Wales law courts.</span></font></span></p><p class="MsoNormal" style="margin:0cm 0cm 10pt;"><span style="line-height:115%;font-size:18pt;"><font face="Calibri"><span style="mso-spacerun:yes;">Just been tipped off the cabal are up to having me sectioned 42 as a <strong><em>'vexatious litigant'</em></strong> again, with the aid of the bottomless pockets of the British tax payer.</span></font></span></p><p class="MsoNormal" style="margin:0cm 0cm 10pt;"><span style="line-height:115%;font-size:18pt;"><font face="Calibri"><span style="mso-spacerun:yes;"></span></font></span> </p><p class="MsoNormal" style="margin:0cm 0cm 10pt;"><span style="line-height:115%;font-size:18pt;"><font face="Calibri"><span style="mso-spacerun:yes;"> <a href="http://kirkflyingvet.com/blogs/legal/HM%20Attorney%20General%20minute%205%20.jpg"><img src="http://kirkflyingvet.com/blogs/legal/HM%20Attorney%20General%20minute%205%20.jpg" border="0" alt="" /></a></span></font></span></p><p class="MsoNormal" style="margin:0cm 0cm 10pt;"><span style="line-height:115%;font-size:18pt;"><font face="Calibri"><span style="mso-spacerun:yes;"> </span></font></span></p><p class="MsoNormal" style="margin:0cm 0cm 10pt;"><span style="line-height:115%;font-size:18pt;"><font face="Calibri"><span style="mso-spacerun:yes;">'screen saver', while the 'dypsos' open their next gin bottle. at Alderney talks</span></font></span></p><p class="MsoNormal" style="margin:0cm 0cm 10pt;"><span style="line-height:115%;font-size:18pt;"><font face="Calibri"><span style="mso-spacerun:yes;"><a href="http://kirkflyingvet.com/blogs/legal/ROUGH%20COPY%20%20%20%20%20%20%20%20Maurice%20Kirk%20v%20South%20Wales%20Police%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20BS614159.docx">ROUGH COPY Maurice Kirk v South Wales Police BS614159.docx</a></span></font></span></p><p class="MsoNormal" style="margin:0cm 0cm 10pt;"><span style="line-height:115%;font-size:18pt;"><font face="Calibri"><span style="mso-spacerun:yes;"></span></font></span> </p><p><font face="Times New Roman" size="3"> </font></p><p><font face="Times New Roman" size="3"> </font></p><p class="MsoNormal" style="margin:0cm 0cm 10pt;"><span style="line-height:115%;font-size:18pt;"><font face="Calibri">To be continued.......... </font></span></p><p><font face="Times New Roman" size="3"> </font></p><img src="http://kirkflyingvet.com/aggbug.aspx?PostID=2989" width="1" height="1">South Wales PoliceCaswell ClinicMAPPACardiff Magistrates CourtFailed DisclosureAbuse of ProcessNHS WALESgulag cardCardiff LawLuigi StranatiDavid Gareth EvansCardiff's Judicial Cabal Caught Conspiring Playing the Race Cardhttp://kirkflyingvet.com/blogs/legal/archive/2012/07/14/cardiff-s-judicial-cabal-caught-conspiring-playing-the-racecard.aspxSat, 14 Jul 2012 11:17:00 GMTc7306cf9-8c9b-4f2c-8f21-f8b2637dc339:2583Maurice Kirk2http://kirkflyingvet.com/blogs/legal/rsscomments.aspx?PostID=2583http://kirkflyingvet.com/blogs/legal/archive/2012/07/14/cardiff-s-judicial-cabal-caught-conspiring-playing-the-racecard.aspx#comments<p>So, following my May ‘Breach of a Restraining Order' jury trial conviction and the fact we all knew, from the start, it was all faked, we each having our own agenda on how the trial was to be conducted; now it is pay-back time.<br /></p> <p>We witnessed Cardiff cabal's latest bit of skulduggery, their refusal in accepting there was no ‘restraining order' even having been printed when, on 1<sup>st</sup> December last, I was supposed to of had it officially served on me down in the magistrates' cells by some privately employed custody lackey.<br /> </p> <p>Did anyone one sign for it, did anyone log it into either the magistrates or custody logs, did anyone hear me say anything or even agree to its terms in order to be released, as was, that day? - No, of course not.  The evil little shits had already swept away so many procedural rules, in the past, what was the worry for a few more? </p> <p>Their pre-planned second term of imprisonment, one of nine months,  was to further hamper my preparation for the numerous outstanding civil damages claims against the South Wales Police and especially for the latest malicious prosecution, the ‘Lewis machine gun' conspiracy. Can they not just forget King Edward and simply move on?</p> <p>Is not a shame I let so few know, over twenty years living in the Principality, my grandmother was a Morgan and my eminent grandfather was a Jenkins?</p> <p>Is it not a shame Dolmans, solicitors, <a href="http://kirkflyingvet.com/photos/legal/South-Wales-Police-Conspiracy-to-Have-me-Shot.aspx">http://kirkflyingvet.com/photos/legal/South-Wales-Police-Conspiracy-to-Have-me-Shot.aspx</a> with their own little conspiracy, to ‘pervert the course of justice' for their client, Barbara Wilding, did not appear to know before instructing their Mr Nightingale to get me arrested.</p> <p><a href="http://kirkflyingvet.com/blogs/legal/09%2006%2020%20SWP%20Dolmans%20MG%2011.pdf"><font color="#efbc97">09 06 20 SWP Dolmans MG 11.pdf</font></a></p> <p> As you read in his 20<sup>th</sup>June 2009 statement had he detected a Welsh accent over the phone I may never of then been incarcerated for nearly eight months at Her Majesty's Pleasure.</p> <p>As in the ‘machine gun' case we all knew the police had had to paint her a different colour, in order to attempt to fool the jury, long before the 2010 trial started, as it was to be hawked<br />around the country first, almost two thousand miles I calculated from my cell, to try and find a tame prosecution witness to say what they wanted in order to get that ten year custodial sentence if two rogue doctors could not be found for IPP and a certain life sentence. </p> <p>So, once again, a similar bunch of Cardiff judges were rolled out to again turn a ‘blind eye' this time to fact that, for a conspiracy to succeed, basic court procedures, CPS responsibilities and policing methods all had to be thoroughly  distorted.</p> <p> For the facts to fit the case there just had to have been some prior planning even before the 1<sup>st</sup> December Harassment conviction.</p> <p>What the cabal had planned, for their ‘breach of restraining order' scam, was for a much longer custodial sentence from the preceding summary offence of ‘harassment' and NOT  just the eighteen weeks  prison term  District John Charles had just read out straight from his government instruction pamphlet!</p> <p>But Charles had to ‘about turn' at the very last moment because just too many in the public gallery were up to speed of what the Cardiff cabal had orchestrated.</p> <p>Once this judge realised the audience knew the prosecution exhibits had been switched mid trial and seven police had already advised the accused that both his pamphlets appeared legal then both he and the CPS barrister, David Gareth Evens, now had real problems.</p> <p> Also, to obtain a prison sentence, I would of have to have posted to or telephone to the complainant directly but evidence, following cross examination, showed neither could have occurred, incident three disclosing the posted purported wanted poster envelope having been written by someone in the postal service as a redirected letter.</p> <p>So, in the dying moments of this farce of a trial, the barrister whispered in the ear of the judge but I heard it from the dock, he seeking permission to allow <u>both </u>my ‘Wanted'<br />versions of the posters, displaying the rogues faces involved in the ‘machine gun'/MAPPA conspiracy, to be admitted as an act of harassment.<br /></p> <p>Some had just' Wanted' printed above the culprits mug shot, see photo gallery on this web site, while others had ‘Wanted Dead or Alive' the reason for exhibits hurriedly being switched not just in the lower court but again, in March this year, in the Crown Court  at the appeal!</p> <p><a href="http://kirkflyingvet.com/photos/legal/Wanted-for-Attempted-Murder.aspx">http://kirkflyingvet.com/photos/legal/Wanted-for-Attempted-Murder.aspx</a> </p> <p>Since May I have offered ten or so eye witnesses to give witness statements to the South Wales Police that this latest jury was successfully fooled this time by the need for a Cardiff clerk of the court being used to lie, on oath......an indictment alone as to the desperate measures these individuals are prepared to go now just to preserve their ‘gravy train', ‘jobs for life', cesspit environment while they patiently await autonomy from England's judiciary. <br /></p> <p>The court clerk stated he had been asked to hide in an unlocked vacant cell by the GEOamey manager, only to poke his head out and peep through the corridor grill when hearing this custody manager speaking to me.</p> <p> He said from the witness box I had been walking down the corridor, on crutches, from the lavatories when the papers were served.<br /></p> <p>The custody manager stated things quite differently. He had to unlock my cell door, first, to hand the single piece of paper to me my not even needing to get up from the bench seat on the opposite side of the cell. He, in fact, even stated it was from the CPS for my ‘approval' or not, before taking it back to the court.<br /></p> <p>It worked alright though; a majority decision was given by the jury but no Exhibit One, a copy of the restraining order, had ever been handed to me until after my arrest and Exhibit<br />One turned out to be significantly different, yet again, to the two variations, this very week, obtained by His Honour Judge Seys Llewellyn QC during my on-going  20 year damages claims. </p> <p> It was this rough part hand written unsigned document, the same most likely, that my eight or so witnesses had seen the CPS barrister hand up to the district judge. They all watched him alter, with his fountain pen, in dis approval and then directing the clerk take it to me to see if I agreed.</p> <p>This action, instead, was palmed off as an authentic ‘Restraining Order' once my release was announced, prison staff expecting to serve it on me to let me out on licence once I had signed as proof of the agreement for my release.</p> <p>District Judge Charles' sudden change of heart and ordering my release on the same day by shortening and backdating the prison sentence completely cocked up plans of others. </p> <p>That is why all cctv footage from inside the cell and the corridor was shredded when obviously essential to establish the truth.<br /></p> <p>It, as is so usual, therefore went all pear shaped with neither court nor custody staff anticipating my retrospective time in custody to count for the eighteen weeks.</p> <p>I cannot recount the many lies that then followed, from my numerous visits to Cardiff magistrates public counter and phone calls to both Crown Court and CPS offices, once I was told,<br />over the telephone from Llantwit Major police station, that there was an arrest warrant out for me for breaching a restraining order I had never even seen!</p> <p>Everyone seemed to be trying to pass the ‘buck', again.</p> <p> And they still are today and will be tomorrow if someone from Whitehall does not finally step in.</p> <p>The Restraining Order stated I was not to harass someone who had ‘convinced' nine Cardiff Crown Court Judges' I had ‘significant brain damage' and possible brain tumour. Do you want me to name all these Welsh judges? Well, I suggest you study some of their conduct recorded on the PDFs on web site ‘Downloads'.</p> <p>But, today, with witness evidence already lodged at Cardiff Central police Station, the police quickly wash their hands of it directing all enquiries to CPS repeatedly refusing me the right to submit four more witness statements or even my own!!!!!</p> <p>Well over twenty long telephone calls were made yesterday to CPS, Crown Court, police and magistrates and to their bête noir, the Royal Courts of Justice. </p> <p>No one in Cardiff was prepared to come clean and face the music, the facts so plain for all to see.</p> <p>One certain named lady of the CPS says we can do nothing with the  new evidence as their own barrister was the one who sent his own draft of a proposed<br />restraining order, written over by Charles using his fountain pen, to my cell, only to be returned to him by the court clerk or custody officer.</p> <p>Well, she didn't, in fact, word it quite that way.....far too bright; she actually said that until the Criminal Court of Appeal in London granted me ‘leave to appeal' none of this new<br />evidence from police investigation would even be disclosed to their London CPS office.</p> <p>"So, what if I had not appealed?"......silence.</p> <p>Anyway, she said, nothing at all will be done until the London CPS office return papers of my lodged appeal and they have not.</p> <p> The RCJ told me, yesterday, they were dispatched by them on the 1st June.</p> <p>This same prosecuting barrister, remember, admitted much this in Crown Court, before Mr Bowen and myself, the former I hasten to say, only in the Dock with me as my Mackenzie Friend and even the presiding judge was tipped off, a man who should never have allowed the case to even start having read the contradictory depositions from the two key<br />prosecution witnesses.</p> <p><a href="http://kirkflyingvet.com/photos/legal/Police-Block-Further-Statements-being-Taken-.aspx">http://kirkflyingvet.com/photos/legal/Police-Block-Further-Statements-being-Taken-.aspx</a></p> <p>No, of course the Cardiff police, CPS and HM Court Service, HM prison and GEOamey custody staff will never put up their hand to any of this or the whole HM Partnership , the bed rock upon which welsh version of justice is based, will come tumbling down.<br /></p> <p>So, what next?</p> <p> <a href="http://kirkflyingvet.com/photos/legal/HM-Treasury-Solicitors-Office.aspx">http://kirkflyingvet.com/photos/legal/HM-Treasury-Solicitors-Office.aspx</a></p> <p> All so predictable when dealing with those I have experienced in these past 20 years.</p> <p> Oh, how I long never ever to have to cross the Severn Bridge ever again in my life, unless, of course, it is to see my daughter.</p> <p><a href="http://kirkflyingvet.com/photos/legal/Evil-Cardiff-Magistrates.aspx">http://kirkflyingvet.com/photos/legal/Evil-Cardiff-Magistrates.aspx</a></p> <p>This photo was taken just minutes after my being physically thrown out o fthe cells, after 5pm, by five GEOamey custody officers throwing my crutches on top of my head</p> <p>IPCC seem to protect the police elswhere in the UK</p> <p><a href="http://kirkflyingvet.com/photos/legal/picture2588.aspx">http://kirkflyingvet.com/photos/legal/picture2588.aspx</a> </p><br /><br /><br /><br /> <p>      </p><br /><br /><br /><br /><img src="http://kirkflyingvet.com/aggbug.aspx?PostID=2583" width="1" height="1">South Wales PoliceMAPPACardiff County CourtCardiff Magistrates CourtHM Court ServiceFailed DisclosureAbuse of ProcessvictimsMcKenzie FriendsWill IPCC Investigate South Wales Police Conduct?http://kirkflyingvet.com/blogs/legal/archive/2012/07/11/will-ipcc-investigate-south-wales-police-conduct.aspxWed, 11 Jul 2012 20:26:00 GMTc7306cf9-8c9b-4f2c-8f21-f8b2637dc339:2578Maurice Kirk2http://kirkflyingvet.com/blogs/legal/rsscomments.aspx?PostID=2578http://kirkflyingvet.com/blogs/legal/archive/2012/07/11/will-ipcc-investigate-south-wales-police-conduct.aspx#comments<p><a href="http://kirkflyingvet.com/blogs/news/01%2006%20018%20SWP%20MG%20IPCC%20Conclusion.pdf">01 06 018 SWP MG IPCC Conclusion.pdf</a></p> <p>South Wales Police will not admit as to just which statement(s) of the targeted victim have been submitted to the Professional Standards Department!</p> <p><b>My IPPC reply to 18<sup>th</sup> June 12 South Wales Police Professional Standards Dept. refusals to properly investigate my many complaints arising from one decommissioned Lewis Machine Gun attached to my Farnborough DH2 WWI fighter display aircraft.</b></p> <p>Web site photo off gallery of machine gun in capable hands:</p> <p>http://kirkflyingvet.com/photos/legal/Machine-Gundog_2100_.aspx    </p> <p><b>   </b></p> <p>1.       The police letter exudes bias in many paragraphs and quite erroneous about their conduct.</p> <p>2.       The gun was used to prosecute me under Section 5(1)(a) of 1968 Fire Arms Act.</p> <p>3.       The gun was used to have me remanded in custody for nearly eight months.</p> <p>4.       Used to have me imprisoned under Section 35 of the 1983 Mental Health Act.</p> <p>5.       Police have not even re interviewed the owners despite their new August 2011 statements!</p> <p> South Wales Police accept in their original August 2009 gathered evidence that the new owner had painted the black gun to part silver immediately after their 2008 purchase from me.</p> <p>The police then returned the gun, after my 2010 successful trial, even in a different shade of silver!</p> <p>I had sold the gun as ‘all black' just as the gun was then presented in my 2010 jury trial and in my August 2008 U Tube video, also shown the jury, having been  filmed an hour before it was collected.</p> <p>The same video can be seen on <a href="http://www.kirkflyingvet.com/">www.kirkflyingvet.com</a>  as used by the police for the Cardiff trial.</p> <p>6.       The ‘investigation' was wholly disproportionate because:</p> <p>a)       I faced a minimum  five year prison sentence on each of the remaining charges</p> <p>b)       I was registered MAPPA level 3 at level 3 management, meaning 24/7 armed surveillance</p> <p>c)        aided by their forensic psychiatrist, also using falsified evidence and quite unqualified medical reports, stating I had ‘significant brain damage' and  possible brain tumour</p> <p>d)       allowed the police to ask His Honour Judge Neil Bidder QC, on 2<sup>nd</sup> December 2009 (transcript available), I be further sectioned under the 1983 Act in order I be further incarcerated to  Ashworth high security psychiatric hospital, IPP, meaning possibly for life </p> <p>e)      Inspector Richard Holder continues to refuse to let me finish or even give me copy of my part written signed witness statement, for the IPCC, I made in Cardiff prison on 7<sup>th</sup> February 2012 in the presence of his colleague, Inspector King.</p> <p>f)       Aircraft mechanics, when I owned it, Civil Aviation Authority and Lincolnshire museum licenced mechanics, all state it was decommissioned and that the barrel was blocked.</p> <p>7.       The police admit firing the gun only after the new owner's August 09 statement that it was blocked when the police took possession of it on 22<sup>nd</sup> June 2009, on the day of my arrest.</p> <p>8.       Since this IPCC inquiry started solicitors for the police have only, this month, now disclosed but only by a court order from an English court, all previous orders from Cardiff courts having been ignored, that my arrest had been instigated by Dolmans, solicitors, defending in a 20 year running civil damages claim for numerous other malicious and failed prosecutions.</p> <p><a href="http://kirkflyingvet.com/blogs/legal/09%2006%2020%20SWP%20Dolmans%20MG%2011.pdf">09 06 20 SWP Dolmans MG 11.pdf</a></p> <p>9.       Since this IPCC complaint was registered I have established that seven MAPPA monthly meetings were only conducted within the knowledge of police and NHS (Wales) staff at Caswell Clinic, Glanrhyd Hospital, Bridgend.  All documents proving these facts are available.</p> <p><a href="http://kirkflyingvet.com/blogs/legal/9%2012%2015%20SWP%20MJK%20%20MAPPA%20Statement.pdf">9 12 15 SWP MJK MAPPA Statement.pdf</a></p> <p>10.   A policy to ‘having me shot' was the only reason to delay my arrest for well over three weeks and is recorded in the leaked MAPPA minutes and original executive summaries of this conspiracy to again pervert the course of justice. <a href="http://kirkflyingvet.com/blogs/legal/10%2009%2027%20Medical%20MAPPA%204p.pdf">10 09 27 Medical MAPPA 4p.pdf</a><br /></p> <p><b>Under Cover Tactics</b></p> <p><b></b> </p> <p>11.   ‘Foxy' was the name given at the 2010 Cardiff Crown Court trial to the anonymous screened off male police officer I was denied, as with others, to properly cross examine.</p> <p> He pretended to be the officer who telephoned each time when attempting to purchase the machine gun. He knew, full well, it had been advertised on my web site for almost ten years and had been sold a year earlier!</p> <p>Female police communication to me included a telephone call to my then wife, Kirstie Kirk.  </p> <p>The police have not even interviewed Kirstie Kirk following my current allegations to the IPCC. </p> <p>Police refused to disclose evidence recorded during her original interrogation, during ‘Operation Chalice', for the machine gun coinciding with ‘Operation Orchid', the latter being to coerce her into signing a witness statement that I had a history of mental health issues.</p> <p> It was for the purpose of ‘snatching' our ten year old daughter on behalf of the Vale of Glamorgan Social Services following the 8<sup>th</sup> June 2009 discussions at the clandestine MAPPA meeting at Barry police station with only police and Caswell Clinic staff in attendance.</p> <p><b>MAPPA Status</b></p> <p>12.    The August 2010 MAPPA ‘Executive Summary', of the so far disclosed MAPPA meetings, was only written following my paid for application before His honour Judge Seys Llewellyn QC.   <a href="http://kirkflyingvet.com/blogs/legal/10%2012%203%20MAPPA%20Executive%20Summary.pdf">10 12 3 MAPPA Executive Summary.pdf</a><br /></p> <p>13.   As for the 8<sup>th</sup> June 2009 minutes, leaked from Caswell Clinic, the document clearly indicates I would be shot should I again approach Barbara Wilding, the then Chief Constable, as I had done following her 26<sup>th</sup> February 2009 now proven to be false sworn affidavit on disclosure.</p> <p>14.   Crown Prosecution Service advise was recorded in the minutes to the effect that my intentions to expedite the ‘mutual exchange' of witness statements, in the on-going civil trial, appeared legitimate. Dolmans, solicitors, it was disclosed, were giving contrary advice.</p> <p>15.    His Honour Judge Seys Llewellyn QC's refusal to order further disclosure of the monthly minutes he confirmed only yesterday in that his responsibilities were only for the civil action.   </p> <p>16.   My private prosecution applications, except via Bristol, in anticipation of the usual negative response by those ultimately responsible, have also been blocked in all the criminal courts. </p> <p>Maurice Kirk BVSc       11<sup>th</sup> July 2012</p> <p><a href="http://www.youtube.com/watch?feature=player_embedded&v=bSaihgLunRw">http://www.youtube.com/watch?feature=player_embedded&v=bSaihgLunRw</a># </p> <p>An unfinished summary of how this South Wales Police conduct influenced Musa's Mackenzie Friend representation during 2011 Family courts<a href="http://kirkflyingvet.com/blogs/legal/12%2007%2012%20Re%20Kirk%20v%20South%20Wales%20Police%20re%20Sept%2011%20unfinished.pdf">12 07 12 Re Kirk v South Wales Police re Sept 11 unfinished.pdf</a></p> <p> re their six snatched Nigerian children by Haringey Council with criminal convictions now under appeal</p> <p>My UK mobile: 07907937953<br />My e-mail:  <a href="mailto:maurice@kirkflyingvet.com">maurice@kirkflyingvet.com</a></p> <p>Who in South Wales is the next target victim? Oh, it appears to be Manchester.....</p> <p><a href="http://kirkflyingvet.com/photos/legal/picture2588.aspx">http://kirkflyingvet.com/photos/legal/picture2588.aspx</a></p><p>Parliamentary Inquiry into the Independent Police Complaints Commission</p><p>Tomorrow (18/7/12) sees the start of the Home Affairs Select Committee hearing into the future of this much maligned organisation. Called to give evidence is the new IPCC boss, Dame Anne Owers (i've heard good things about her from trusted sources), Doreen Lawrence (mother of Stephen Lawrence) and the Police Action Lawyers Group.</p><p><a href="http://www.guardian.co.uk/uk/2012/jul/15/police-accused-kidnap-private-prosecution">http://www.guardian.co.uk/uk/2012/jul/15/police-accused-kidnap-private-prosecution</a></p><p>Now, both Cardif Crown and Cardiff Magistratef, of course, refuse to list my private prosecutions.</p><p>  Even though the Bristol District Judge agreed my allegations were  so serious ( rogue doctor falsifying my medical report and police re painting the machine gun with the hope of fooling the jury) they should be transferred to Cardiff Crown ( this was a year ago) the Cardiff judiciary is so incestously  biased, because I do not have a Welsh accent, ignore all my letters to list the case. </p><img src="http://kirkflyingvet.com/aggbug.aspx?PostID=2578" width="1" height="1">HM ImmunitySouth Wales PoliceMachine GunJudge Seys Llewellyn QCMAPPACardiff County CourtProfessor Roger WoodIndependent Police Complaints CommissionIPCCGeneral Medical CouncilCardiff Magistrates CourtHM Court ServiceFailed DisclosureAbuse of ProcessNHS WALESfalse imprisonmentfalsifying evidenceMaurice 'Burnt Out' and Needs Your Help!http://kirkflyingvet.com/blogs/legal/archive/2012/05/29/maurice-is-burnt-out-and-needs-help.aspxTue, 29 May 2012 14:34:00 GMTc7306cf9-8c9b-4f2c-8f21-f8b2637dc339:2519Maurice Kirk0http://kirkflyingvet.com/blogs/legal/rsscomments.aspx?PostID=2519http://kirkflyingvet.com/blogs/legal/archive/2012/05/29/maurice-is-burnt-out-and-needs-help.aspx#comments<p>Please, anyone, have a quick look at the enclosed draft appeal to the Criminal Court of Appeal, London and suggest improvements as it has to be deposited there by this Friday's dead line.</p> <p>It is far too dangerous to enter Wales and deposit it at Cardiff Crown Court , as procedure dictates, because I run the risk of yet another jail term. Last time I did a Derrick Hassan who supplied falsified forensic police evidence to have me sectioned under the 1983 Mental Health Act , for Broadmoor, puched me down the court steps and broke my leg.</p> <p><a href="http://kirkflyingvet.com/files/folders/south_wales_police/entry1467.aspx">http://kirkflyingvet.com/files/folders/south_wales_police/entry1467.aspx</a></p> <p>Keith Vaz MP takes up interest in South Wales' IPCC conduct over falsification of forensic evidence in Cardiff Crown Courts</p> <p><a href="http://kirkflyingvet.com/photos/legal/Machine-Gun.aspx">http://kirkflyingvet.com/photos/legal/Machine-Gun.aspx</a></p> <p>Photo of my leaving Cardiff Magistrates, in hand cuffs, by narked South Wales Police, on 1st December 2011, with no knowledge of any existance of a 'restraining order but beaten up by GEOamey Custodial Services just minutes before. all caught on video the judge, Mr Curran, refused to be made shown  to the 4th May12  jury in Cardiff Crown Court.</p> <p><a href="http://kirkflyingvet.com/photos/legal/Evil-Cardiff-Magistrates.aspx">http://kirkflyingvet.com/photos/legal/Evil-Cardiff-Magistrates.aspx</a></p> <p>Cardiff Cabal are so embarassed this incident, leading to my arrest, has been tranferred to Bristol Crown Court for trial, for fear of the publicity</p> <p>Can anyone, please, cross the bridge to Cardiff and deliver it, with the court forms, on my behalf, <u><strong><font size="4">before 4pm Friday, 1st June2012</font></strong>?</u></p> <p>I am currently in Bristol and can deliver docs to anyone who can help.....thankyou </p> <p>But I need help to improve the document as I cannot remember much of what was said during the numerous trials that have kept me locked up since most of the last eight months</p> <p>tel 07907937953  <a href="mailto:maurice@kirkflyingvet.com">maurice@kirkflyingvet.com</a> </p> <p> </p> <p><a href="http://www.channel4.com/news/police-corruption-trial-collapses">http://www.channel4.com/news/police-corruption-trial-collapses</a></p> <p> </p> <p> <strong><font size="5">His Honour Judge Patrick's Section 39 Order Restricts the publication of more details ...Re Musa trial</font></strong></p> <p><strong><font size="5">so be there!</font></strong></p> <p>I hope to be in London, until Friday, while I attend:</p> <p> <strong><font size="4">the Nigerian seven snatched children, by Haringey Council, a scandalous affair, at Wood Green Crown Court, while their parents remain in prison facing deportation.</font></strong>.</p> <p><a href="http://kirkflyingvet.com/files/folders/south_wales_police/entry1450.aspx">http://kirkflyingvet.com/files/folders/south_wales_police/entry1450.aspx</a></p> <p> </p> <p>DRAFT GROUNDS</p> <p><b><u>IN THE COURT OF APPEAL</u></b><b>                                                                           <u></u></b></p> <p align="right"><b><u></u></b> </p> <p><b><u>(CRIMINAL DIVISION)</u></b><u></u></p> <p><u></u> </p> <p align="center"><b>THE QUEEN </b></p> <p align="center"><b></b> </p> <p align="center">- v -</p> <p align="center"><b>MAURICE JOHN KIRK</b></p> <p align="center"> </p> <p align="center">____________________________</p> <p align="center"> </p> <p align="center"><b>GROUNDS OF APPEAL </b></p> <p align="center">______________________________</p> <p> </p> <h2>AGAINST CONVICTION</h2> <p> </p> <p>"<strong>REAL POSSIBILITY" OF ACTUAL AND/OR PERCEIVED PREJUDICE AND/OR BIAS OF HIS HONOUR JUDGE CURRAN</strong></p> <p><b><u></u></b> </p> <ul> <li>1. His Honour Judge Curran ought to have recused himself from presiding over the trial of the Appellant as he had previously stayed the Appellant's application to the Cardiff Administrative Court for Judicial Review of the Appellant's appeal at Cardiff Crown Court, Case A20110290, on 1<sup>st</sup> March 2012 and his conviction and sentance of harassment, contrary to the Section 2 of Protection from Harassment Act 1997, at Cardiff Magistrates Court, on 1st December 2011, the subject of the Restraining Order allegedly breached in this present case.</li></ul> <p> </p> <ul> <li>2. Whilst accepting that the issues of fact in the trial were for the jury, His Honour Judge Curran made a number of rulings that erred in law similar if not identical to those by both District Judge John Charles, at Cardiff Magistrates and his Honour Judge PD Hughes QC, in its appeal, at Cardiff Crown Court.</li></ul> <p> </p> <ul> <li>3. Subsequently, failed disclosure of evidence, by way of court and custody documents and cctv footage, all under the control of the South Wales Police, caused the Appellant, in each of these court cases, compounded the reasons for refusal of access to his own legal papers in both court and prison and be given any facilities, at all, to either interview or call his own witnesses. </li></ul> <p> </p> <ul> <li>4. All prosecution witnesses, in the two previous above mentioned trials, were prevented from being cross examined by the Claimant while the main witness, a doctor, in the jury trial, subject to this appeal, was denied the Claimant's required examination or cross examination, contrary to His Honour Judge Curran QC's 22<sup>nd</sup> February 2012 Court Order.</li></ul> <p> </p> <ul> <li>5. This was further compounded following, first by the failure to attend of the court instructed barrister, to cross examine the witness(es) ‘on the Appellant's behalf ', under Section 36 of Youth and Justice and Criminal Evidence Act 1999 and following His Honour Judge Hugh Davies QC's April 2012 Court Order that caused this main prosecution witness to be removed from the witness list, as irrelevant and so facilitate the Appellant's immediate release from prison.</li></ul> <p> </p> <ul> <li>6. For the prosecution barrister, on 2<sup>nd</sup> May 2012, to then open the prosecution's case by stating, before the jury and the trial judge, that the South Wales Police had ‘just decided' not to now call the doctor to give evidence, was nothing short of a criminal offence.</li></ul> <p> </p> <ul> <li>7. For the Appellant then not to be allowed to call this already empanelled prosecution witness, being ‘anybody's property', as his psychiatrist, expert witness and/or witness of fact and/or as his character witness, was a further abuse.</li></ul> <p> </p> <ul> <li>8. Before His Honour Judge Hugh Davies QC the prosecution had admitted it was only by the citing of this same witness, in all these three hearings, 2009 WW1Machine Gun trial and numerously related other summary hearings, by the South Wales Police, that the Crown Prosecution Service had been able to be successful, for the South Wales Police, to oppose the Appellant's preparation of both his civil and criminal cases, against the Chief Constable, out of custody, since 8am 22<sup>nd</sup> June 2009. </li></ul> <p> </p> <ul> <li>9. By April 2012 the Appellant had almost served the pre arranged prison sentence of nine months, in any event, when bail would have been granted, by His Honour Judge Hugh Davies QC, had the Appellant been so stupidly minded as to apply. </li></ul> <p> </p> <ul> <li>10. There was a "real possibility" of actual and/or perceived bias, as a result of His Honour Judge Curran presiding over the Appellant's trial, when the learned Judge had already stayed the Appellant's application for permission to apply for Judicial Review of the dismissal of his appeal against conviction, on 2 March 2012, relating to the conviction in respect of which the Restraining Order, imposed by Cardiff Magistrates', which was alleged to have been now breached.</li></ul> <p> </p> <ul> <li>11. The certificate of conviction, at last released to the Appellant by HM Court and Tribunals Service, states the 1<sup>st</sup> or 9<sup>th</sup> December 2011 dated Restraining Order was dependent upon the conviction for a breach in Section 2 of the said Act but Prosecution Exhibit 1 indicates the ‘served order' on the Appellant was that from a Section 4 Restraining Order dated 8<sup>th</sup> December 2011. </li></ul> <p> </p> <ul> <li>12. His Honour's failure to conduct a ‘Vue de Justice' with the jury, following the custody officers in the both courts, employed by GEOamey Custody Services Ltd, confiscation of the Appellant's scale drawings of the Cardiff magistrates custody suite, where the alleged offence took place was an abuse in law.</li></ul> <p> </p> <ul> <li>13. His Honour's failure to grant an adjournment for medical attention or even access to his medication in the cells below, following GEOamey Custody Services' vicious assaults upon the Appellant, both on 1<sup>st</sup> December 2011 and 4<sup>th</sup> April 2012, was an abuse of process.</li></ul> <p> </p> <ul> <li>14. His Honour's failure to allow the Appellant sight of all the prosecution exhibits, eg website blog of 4<sup>th</sup> December 2011 on <a href="http://www.kirkflyingvet.com/">http://www.kirkflyingvet.com/</a>, on arrest, before caution and/or during the trial and sight of various jury ‘notes', passed to His Honour, following the Appellant's suggestion, in the course of the trial, was also wrong in law.</li></ul> <p> </p> <ul> <li>15. His Honour's failure to ever allow the Appellant sight of the original or sight of a certified true copy, of the Restraining Order, allegedly served on him, was also wrong in law.</li></ul> <p> </p> <ul> <li>16. His Honour's failure to order HM Prison, Cardiff to release the Appellant's legal papers and posted in court exhibits by his Mackenzie Friend, allow him proper access to facilities, in order to conduct is defence did nothing but to compound his difficulties and were further breaches in his rights under the Rule of Law.</li></ul> <p> </p> <ul> <li>17. In the alternative, at the appropriate time, His Honour failed to properly consider granting bail, out of custody, in the light of these apparent extreme and unusual circumstances, unable to find local legal representation, as was indicated by His Honour Judge Hugh Davies QC, on 7<sup>th</sup> April 2012, in Cardiff Crown Court and by His Honour Judge Lambert in Bristol Crown Court, during an apparent application for bail well outside South Wales. </li></ul> <p> </p> <ul> <li>18. The Appellant therefore had an unfair trial and/or the said trial took place in breach of <u>article 6(1) of the ECHR</u> as incorporated by <u>schedule 1 of the Human Rights Act 1998</u>.</li></ul> <p> </p> <p> </p> <p> </p> <p><b> "<u>REAL POSSIBILITY" OF ACTUAL AND/OR PERCEIVED PREJUDICE AND/OR BIAS OF MR DAVID GARETH EVANS OF COUNSEL PROSECUTING FOR THE SOUTH WALES POLICE </u></b></p> <p><b><u></u></b> </p> <ul> <li>1. Mr. David Gareth Evans of counsel ought not to have prosecuted the case against the Appellant as he was a potential prosecution or defence witness relating to the drawing up and purported ‘service of a ‘Restraining Order' signed? by District Judge Charles at Cardiff Magistrates' Court on 1<sup>st</sup> December 2011.</li></ul> <p> </p> <ul> <li>2. An approach by the Appellant's Mackenzie Friend caused the CPS barrister to produce another version of Prosecution Exhibit One, ‘Restraining Order', not date stamped by the court. Prosecution Exhibit One included the court date stamp 9<sup>th</sup> Dec 2011. </li></ul> <p> </p> <ul> <li>3. The prosecution barrister admitted, before the jury, a ‘draught' Restraining Order did still exist and was ordered to produce it, by the following day, by His Honour Judge John Curran.</li></ul> <p> </p> <ul> <li>4. There was discussion, quite wrongly before the jury, as to whether Mr. Evans would be called as a witness relating to the ‘drawing up' of the ‘Restraining Order and he indicated to His Honour Judge Curran that he would have to "seek advice from his professional body the Bar Council for England and Wales". </li></ul> <p> </p> <ul> <li>5. The court heard no more so the Appellant called him as a defence witness and was refused. </li></ul> <p> </p> <ul> <li>6. The Appellant was refused an adjournment in the light of late prosecution disclosure of relevant evidence germane to the original 1<sup>st</sup> December 2011 conviction, upon which the Restraining Order relied.</li></ul> <p> </p> <ul> <li>7. Further evidence to support, unavailable in the time frame available, was the ‘contemporaneous note' made by the Appellant's solicitor of his client's memory of events on the 1<sup>st</sup> December 2011, on 22<sup>nd</sup> December2011, just two days before the Appellant's arrest and subsequent incarceration.</li></ul> <p> </p> <ul> <li>8. HM Cardiff prison's governors denied the Appellant proper client/solicitor/witness access, his access to his own funds for the defence or provide proper service of his letters/faxes/e-mails and telephone calls, to and from his solicitor, helpers or proposed witnesses controlled by MAPPA. </li></ul> <p> </p> <ul> <li>9. An issue had therefore arisen in the case as to what documents were allegedly served on the Appellant relating to the Restraining Order and as to whether one had been served as handwritten by District Judge Charles as there had been evidence adduced before the jury by way of unsworn submissions by Mr. Evans and by sworn evidence from those in the public gallery, that the former had handed up a draft of the proposed Restraining Order to District Charles for approval and that District Charles had written comments on it in order stating he withed to make the Restraining Order stronger (change to a Section 4 Order, ‘<i>fear of violence'</i>)<i>.</i></li></ul> <p> </p> <ul> <li>10. There was a "real possibility" of actual and/or perceived bias as a result of Mr. Evans prosecuting the case, when he had made oral submissions to His Honour Judge Curran which were in effect the giving of evidence which was unsworn and in respect of which the Appellant was unable to challenge by way of cross-examine.</li></ul> <p> </p> <ul> <li>11. In fact the Appellant had been absent in the cells at Cardiff Magistrates' Court when the issue of the ‘Restraining Order' had been discussed by Mr. Evans with District Judge Charles on 1<sup>st</sup> December 2011.</li></ul> <p> </p> <ul> <li>12. In addition, the relevant exchanges between Mr. Evans as prosecutor and His Honour Judge Curran were heard in the presence of the jury when they should have been ordered to retire, causing prejudice and bias in the Appellant's case.</li></ul> <p> </p> <p><b>The jury specifically asked for sight of the original, not copy, of both the GEOamey Custodial Services custody and clerk of the court's log and contemporaneous notes of evidence but the judge indicated, in the absence of the Appellant, that they were not relevant.   </b></p> <p> </p> <ul> <li>14 The Appellant therefore had an unfair trial and/or the said trial took place in breach of <u>article 6(1) of the ECHR</u> as incorporated by <u>schedule 1 of the Human Rights Act 1998</u>.</li> <li></li></ul> <h2>LACK OF DISCLOSURE IN RESPECT OF THE APPELLANT</h2> <p> </p> <ul> <li>1. The prosecution failed to supply to the Appellant the complete log with handwritten notes and annotations of the custody records and cctv footage, kept by GEOamey Custodial Services, that had been in charge of security in the cells at Cardiff Magistrates' Court and also the notes made by Mr. Michael Williams, the Clerk of the Court and others at Cardiff Magistrates' Court.</li></ul> <p> </p> <ul> <li>2. Further, it emerged on 3 May 2012, during the trial that Mr. Evans was appearing in for the prosecution, he had handed up a draft of the ‘Restraining Order' to District Judge Charles on 1<sup>st</sup> December 2011 and the learned District Judge had made handwritten additions to it with suggestions for making it stronger to be one under Section 4 of the Act. </li></ul> <p> </p> <ul> <li>3. There was an issue in the trial as to exactly which version of the ‘Restraining Order' had actually been served on the Appellant in the cells by the Security Officer Mr. Leigh Barker and so the existence of the copy of the ‘Restraining Order' with the handwritten additions made by District Judge Charles became an issue as the Appellant wished the jury to see it.</li></ul> <p> </p> <ul> <li>4. At the conclusion of the proceedings, on 3 May 2012, His Honour Judge Curran enquired as to the whereabouts of the version of the Restraining Order with the handwritten additional made by District Judge Charles and was told by Mr. Evans that it was at the CPS Headquarters in the Appellant's case file at Merthyr Tydfil.</li></ul> <p> </p> <ul> <li>5. Although His Honour Judge Curran directed that it be produced at the resumption of the proceedings, on 4 May 2012, only a computer print out of the amended restraining Order was produced and the jury was deprived of seeing either the original version with the handwritten additions, made by District Judge Charles or a certified true copy of the original 1<sup>st</sup> December 2011 Restraining Order made on some date between 1<sup>st</sup> and 9<sup>th</sup> December 2011. </li></ul> <p> </p> <ul> <li>6. The Appellant had also again sought disclosure of the notes made by Mr. Michael Williams, the Clerk of the Court at Cardiff Magistrates' Court at the commencement of the proceedings, on 4 May 2012 but no order or any determination was made by His Honour Judge Curran for their production, instead, in the absence of the Appellant, informing the jury they, along with the prison and GEOmey Custodial Services records were not relevant.</li></ul> <p> </p> <ul> <li>7. Prior to trial His Honour knew the Appellant had received correspondence from Cardiff Magistrates stating he was not entitled to any court record other than the certificate of conviction for this and some currently seven ongoing summary cases, different but all related to this current appeal.</li></ul> <p> </p> <ul> <li>8. The Appellant therefore had an unfair trial and/or the said trial took place in breach of <u>article 6(1) of the ECHR</u> as incorporated by <u>schedule 1 of the Human Rights Act 1998</u>.<u></u></li></ul> <p> </p> <p><strong>CASE SHOULD HAVE BEEN WITHDRAWN FROM CONSIDERATION BY THE JURY</strong> </p> <p> </p> <ul> <li>1. Although the Appellant didn't make any submissions of ‘no case to answer', after the close of the prosecution's case, His Honour Judge Curran should have withdrawn the case from the jury on the grounds that the evidence as it then stood, relating to the alleged service of the Restraining Order on the Appellant in the cell number three of Cardiff Magistrates' Court, on 1<sup>st</sup> December 2011, was so unreliable that no jury properly directed could convict on that evidence.</li></ul> <p> </p> <ul> <li>2. Conflicting evidence had been given between the Clerk of the Court, Mr. Michael Williams and the Security Officer, Mr. Leigh Barker as to whether the Appellant had been serviced in one of the cells or in the corridor of the cell area below the Magistrates, whether he had been served with one or two separate documents, if at all and when put alongside their original but conflicting police witness statements, it is the Appellant's submission, that for this case to have even reached a jury was an abuse of process fueled by vengeance. </li></ul> <p> </p> <ul> <li>3. In addition, Mr. Barker had given evidence that he had read "Restraining Order" at the top of the document, that he had stated in evidence he had given to the Appellant but didn't give any evidence that the Appellant's name was on the document or that he had read the Appellant's name on the document in question. </li></ul> <p> </p> <ul> <li>4. There was a serious risk of doubt regarding the alleged service of the ‘Restraining Order' on the Appellant in the cell area of Cardiff Magistrates' Court by Mr. Barker on the Appellant. </li></ul> <p> </p> <p> </p> <ul> <li>5. In the premises, the Appellant's conviction is thereby rendered "unsafe" under <u>section 2(1)(a) of the Criminal Appeal Act 1968</u>.</li></ul> <p><b><u></u></b> </p> <p><b><u></u></b> </p> <p><b><u>IN THE COURT OF APPEAL </u></b></p> <p><b><u></u></b> </p> <p><b><u>(CRIMINAL DIVISION)</u></b></p> <p><b><u></u></b> </p> <p><u></u> </p> <p align="center"><b>THE QUEEN </b></p> <p align="center">- v -</p> <p align="center"><b>MAURICE JOHN KIRK</b></p> <p align="center">_____________________________________________</p> <p align="center"> </p> <p align="center"><b>GROUNDS OF APPEAL </b></p> <p align="center">_____________________________________________</p> <p align="center"> </p> <p> </p> <p>49 Tynewydd Road, (for sale, 'cheap, cheap')</p> <p>Barry, </p> <p>CF62 8AZ</p> <h4>Appellant</h4><img src="http://kirkflyingvet.com/aggbug.aspx?PostID=2519" width="1" height="1">South Wales PoliceCardiff PrisonMAPPACardiff County CourtFraud ActCardiff Magistrates CourtHM PrisonFailed DisclosureAbuse of ProcessMcKenzie FriendsCriminal Charges against Barbara Wilding, Dr Tegwyn Williams and Adrian Oliver: Royal Courts of Justice 28th June 10.30 court 9 & Cardiff Magistrates 29th June10 amhttp://kirkflyingvet.com/blogs/legal/archive/2011/06/25/criminal-charges-against-barbara-wilding-dr-tegwyn-williams-and-adrian-oliver-royal-courts-of-justice-28th-june-amp-cardiff-magistrates-29th-june-at-10-am.aspxSat, 25 Jun 2011 11:28:00 GMTc7306cf9-8c9b-4f2c-8f21-f8b2637dc339:2023Maurice Kirk3http://kirkflyingvet.com/blogs/legal/rsscomments.aspx?PostID=2023http://kirkflyingvet.com/blogs/legal/archive/2011/06/25/criminal-charges-against-barbara-wilding-dr-tegwyn-williams-and-adrian-oliver-royal-courts-of-justice-28th-june-amp-cardiff-magistrates-29th-june-at-10-am.aspx#comments<p><b><font size="4">Criminal Charges</font></b>    </p><span style="FONT-FAMILY:'Arial','sans-serif';FONT-SIZE:10pt;"> <p><b>Barbara Wilding, ex-Chief Constable of the South Wales Constabulary</b></p> <ol> <li>On a day between the 4th Day of October 2008 and 26<sup>th</sup> Day of Feb 2009, in the Vale of Glamorgan, South Wales, with Adrian Oliver and other persons unknown, you did conspire to pervert the course of justice by the production of a sworn affidavit, dated 25<sup>th</sup> Feb 2009, for His Honour Judge Nicholas Chambers QC, knowing it to be false, contrary to section 1(1) of the Criminal Law Act 1977. </li></ol> <ol start="2"> <li>On a day between 1<sup>st</sup> June 2009 and 25<sup>th</sup> June 2009, in the Vale of Glamorgan, South Wales, with persons unknown and by laying false information before Multi Agency Public Protection Arrangements (MAPPA) meetings, you attempted to murder Maurice John Kirk knowing it to be unlawful and contrary to Criminal Attempts Act 1981.1. </li></ol> <ol start="3"> <li>On the 22nd June 2009, in the Vale of Glamorgan, South Wales, with persons unknown, under Operation Chalice, you did conspire to pervert the course of justice by having Maurice John Kirk arrested and gaoled for being in possession of a prohibited weapon, one WWI Lewis machine gun, knowing it to be false and contrary to section 1(1) of the Criminal Law Act 1977. </li></ol> <ol start="4"> <li> On the 22nd June 2009, in the Vale of Glamorgan, South Wales, with persons unknown, you did conspire to pervert the course of justice by having Maurice John Kirk arrested and gaoled for being in possession of ammunition, knowing it to be false and contrary to section 1(1) of the Criminal Law Act 1977. </li></ol> <ol start="5"> <li>On or about 22nd June 2009, in the Vale of Glamorgan, South Wales, with persons unknown, under Operation Orchid, you did harass Maurice John Kirk and/or Kirstie Louse Kirk and her daughter, indicating social services may remove Genevieve Kirk from the family unit when knowing the reasons to be false and contrary to section 2 of the Harassment Act 1997. </li></ol> <p><b>Adrian Oliver of Dolmans, solicitors, Windsor Place, Cardiff</b> </p> <ol> <li>On a day between the 4th Day of October 2008 and 26<sup>th</sup> Day of Feb 2009, in the Vale of Glamorgan, South Wales, with Barbara Wilding and other persons unknown, did conspire to pervert the course of justice by the production of a sworn affidavit, dated 25<sup>th</sup> Feb 2009, following the Order of His Honour Nicholas Chambers QC, knowing it to be false and contrary to section 1(1) of the Criminal Law Act 1977.<br /><br /></li> <li>On a day between 19<sup>th</sup> and 20<sup>th</sup> June 2009 in the Vale of Glamorgan, South Wales, with other persons unknown, did conspire to pervert the course of justice by the laying of information, namely, threat to cause criminal damage,knowing it to be false and causing Maurice John Kirk to be arrested, contrary to section 1(1) of the Criminal Law Act 1977.</li></ol> <p><b>Dr Tegwyn Williams of Caswell Clinic, South Wales Police Forensic Psychiatric Unit, Bridgend, South Wales</b></p> <ol> <li>On a day between 8<sup>th</sup> June and 17<sup>th</sup> December 2009, in the Vale of Glamorgan, South Wales, with persons unknown, did conspire to pervert the course of justice by the production of psychiatric reports of Maurice John Kirk knowing them to be false and written without the necessary qualifications, contrary to section 1(1) of the Criminal Law Act 1977.<br /><br /></li> <li>On 2nd December 2009, at Cardiff Crown Court in the Vale of Glamorgan South Wales, with Richard Thomlow, Crown Prosecution barrister, did conspire to pervert the course of justice by the laying of information before His Honour Judge Neil Bidder QC, knowing it to be false, namely, that Maurice John Kirk had significant brain damage and a possible brain tumour and recommending he be sent to a high security psychiatric hospital for an indeterminate period. </li></ol> <p>FAO Their Lordships<br />Royal Courts of Justice <br />London </p> <ol>27th June 2011 <b><br /><br />Contempt of Court Appeal</b> <br /><br />I enclose my HM Court Service blocked, 13th August 2009 Judicial Review Application, for urgent consideration, relating to falsified prosecution medical evidence, written by Dr Tegwyn Williams who was not even qualified so to do.<br /> <br />The very same issues were before HHJ Cooke QC on the day that led to the contempt of court conviction, now under appeal.<br /> <br />Issues included the fact that I was in severe pain with NHS (Wales) closing ranks, refusing to either conduct a brain scan or carry out a much overdue hip replacement operation.  <br /> <br />I also enclose draft copy of private criminal prosecutions shortly to be laid in Cardiff Magistrates court and elsewhere, should  there be no appropriate remedy or guidance from the Royal Courts of Justice<br /> <br />Maurice J Kirk BVSc  <p> </p> <p>Anarchy is just about to take over</p><a href="http://www.walesonline.co.uk/news/wales-news/2009/03/03/12-police-charged-over-lynette-white-murder-case-91466-23052198/">http://www.walesonline.co.uk/news/wales-news/2009/03/03/12-police-charged-over-lynette-white-murder-case-91466-23052198/</a> <p> </p></ol></span><img src="http://kirkflyingvet.com/aggbug.aspx?PostID=2023" width="1" height="1">South Wales PoliceJudge Seys Llewellyn QCMAPPACardiff County CourtFraud ActNHSCardiff Magistrates CourtHM Court ServiceGMCFailed DisclosureAbuse of Process