IN THE COURT OF APPEAL REF. NO.
– v –
MAURICE JOHN KIRK
AMENDED GROUNDS OF APPEAL AGAINST THE
MAKING OF A RESTRAINING ORDER
DRAFT REDACTED VERSION
(These grounds have been prepared with the assistance of lay McKenzie advisers assisting Mr. Kirk with Mr. Kirk’s permission, who was unrepresented at the trial and conducted his own defence.)
APPEAL AGAINST THE MAKING OF A RESTRAINING ORDER UNDER SECTION 5A(5)(A),(B) OF THE PROTECTION OF HARASSMENT ACT 1997
- The Appellant was acquitted of 1 count of Harassment by Stalking, contrary to section 2A(a),(b) of the Protection of Harassment Act 1997 before HHJ Johnson and a jury at the Crown Court at Exeter on 20th May 2021.
- At the conclusion of the trial, HHJ Johnson imposed a Restraining Order for a limited time against the Appellant under section 5A(1) of the Protection of Harassment Act 1997 on the same date in respect of an MP.
- The Appellant now seeks leave to appeal against the making of that Restraining Order as though it had been made on his conviction as part of his sentence under section 5A(1),(5)(a),(b) of the Protection of Harassment Act 1997.
GROUNDS OF APPEAL
LACK OF PROPER REASONS JUSTIFYING THE MAKING OF THE RESTRAINT ORDER
- It is contended that although the learned Judge applied the correct civil standard of proof on a balance of probabilities in making the Restraining Order against him, the learned Judge failed to give sufficient reasons for the making of the Order, in view of the fact that the Appellant had been acquitted of the charge against him by the jury.
- In particular, the learned Judge failed to identify the acts or any specific acts in relating to the Appellant’s conduct that in his view would have justified the Restraining Order being made against the Appellant.
ARTICLE 10(1) ECH, HUMAN RIGHTS ACT 1998
- The learned Judge erred in law and/or in principle in directing that the Appellant may not publish anything concerning an MP, thereby interfering with the Appellant’s “right to freedom of expression” under article 10(1) ECHR, Human Rights Act 1998.
- Further, the learned Judge failed to take into account or consider the Appellant’s “Convention Rights” and in particular his “right to freedom of expression” under article 10(1) ECHR, Human Rights Act 1998 when making the Restraining Order against him.
- The prohibition against the Appellant from publishing anything about an MP restrains the Appellant from commenting on the competence and reliability of an MP, when such matters as to her conduct in not responding to the Appellant’s requests to her and her constituency officer for help is a matter of public interest and importance regarding the democratic system and accountability of elected MPs to their electorates.
- In the premises, the making of the Restraining Order against the Appellant was disproportionate and was not “prescribed by law, or “necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary” for the purposes of article 10(2) ECHR, Human Rights Act 1998.
MEDICAL REASONS AND GROUNDS
- During the Exeter hearing before the learned Judge, the Appellant experienced medical problems that he had not experienced before and medical evidence will be sent to the court regarding this.
- The outcome of the Atrial Fibrillation caused the Appellant confusion and with the loss of the Appellant’s hearing aids at the hearing, the Appellant was deprived of a clear understanding of the relevance of a Restraining Order being required following an obviously predicted acquittal. (The CPS had conceded the Appellant sent only two letters to an MP, which is not correct and were a year apart!).
- During the morning of 10th May 2021, the Appellant had to go to the accident and emergency Department of Exeter Hospital by ambulance from the court, and the learned Judge was informed regarding this, so that the proceedings did not resume until the afternoon session.
- The Appellant’s condition caused memory loss with the lack of oxygen to his brain for proper concentration so that he was unable to comprehend the circumstances of the order being sought.
Dated 28th Oct 2021
MAURICE JOHN KIRK
Appellant in Person
My emails for an MP’s help, re G4S robbery to my Parliament building, are being blocked .. . I will therefore have to jump to PLAN J
At the Conservative Party’s London HQ yesterday, despite a judge’s directions, I was again refused an MP to act on my behalf concerning the Wales G4S robbery to steel my legal papers against Gold Group chief, Barbara Wilding, because the then HM Secretary of State, Alun Cairns MP, was sent from my prison cell what was believed to be heroin we were told. I was further gaoled for a further five months for apparently sending what was believed to be anthrax spores to another MP
Could Enid Blyton have written a better fairy tale?
HM Speaker of The House of Commons
London SW1 1AA
31st October 2021
I apologise for taking up any of your very busytime but I have nowhere else to turn to as the Exeter Crown Court directed me to email my constituency member of parliament for help over my ignored South Wales Police statement of complaint (incident number incident number1900418801).
10th Jan 2020 Complaint against HMP Parc South Wales G4S Staff
I, Maurice John Kirk, file complaints against HMP Parc, Bridgend, G4S custody staff for their seriously inflicting injuries, harassment and false imprisonment to cause numerous thefts of my possessions……..
Sir Lindsey Hoyle, none of my letters to my MP have been replied to.
I therefore asked my past MP, Alun Cairns MP but he also ignores my letters. I turned to my then temporary parliamentary representative for North Devon, Ms Selaine Saxby MP.
Ms Saxby immediately wrote to the G4S barbarically run Welsh prison, where the brutal robbery took place and has also between repeatedly ignored, of course, ever since.
Please, can anyone else, of any political persuasion, take on the Taffia for my property back which include two wheelchairs, clothes and current Cardiff County Court and RCJ ‘machinegun’ legal papers?
Maurice j Kirk BVSc
Taunton, Somerset, England.
Defendant’s Legal Submission
An idle MP and Maurice John Kirk were like ‘two ships passing in the night’
Extracts from 1997 Prevention of Harassment Act
Prohibition of harassment
- A person must not pursue a course of conduct— (a) which amounts to harassment of another, and (b) which he knows or ought to know amounts to harassment of the other.
- Subsection (1) [ F4or (1A)] does not apply to a course of conduct if the person who pursued it shows— (a) that it was pursued for the purpose of preventing or detecting crime,
2 Protection from Harassment Act 1997 (c. 40) Document Generated: 2021-03-25 Changes to legislation: There are currently no known outstanding effects for the Protection from Harassment Act 1997. (See end of Document for details) (b) that it was pursued under any enactment or rule of law or to comply with any condition or requirement imposed by any person under any enactment, or (c) that in the particular circumstances the pursuit of the course of conduct was reasonable.
The fundamental issue was an ‘objective’ one while both parties in the case had quite different ‘subjective’ beliefs much based on ‘hearsay’
The 1st November 2019 robbery of the Defendant, by staff of G4S Custodial Services in HMP Parc, Bridgend, South Wales, resulted in the loss of the South Wales Police’s victim’s personality.
The victim’s stolen ‘personalty’ includes:
- his clothes
- his shoes
- his two wheelchairs
- legal papers including from his civil claim 1CF03361 (trading in machine gun conspiracy)
- his BS614159 papers resulting from 40 odd failed police malicious criminal prosecutions
- his 3 years of NHS (Wales) record currently being requested by his GP, cardiac and gastroenterologist specialists in Musgrove Park Hospital, Taunton, Somerset
- his full 2009/10 records from Glanrhyd Hospital’s Caswell Clinic, Bridgend, resulting from three months of horrific incarceration under section 35 of 1983 Mental Health Act.
At Conservative Party HQ, yesterday, I was refused an MP to act on my behalf concerning the G4S robbery to steel my legal papers against Gold Group chief, Barbara Wilding, because then Secretary of State, Alun Cairns MP, was sent from my prison cell what was believed to be heroin we were told.
10th Jan 2020 Complaint against HMP Parc South Wales G4S Staff
I, Maurice John Kirk, file complaints against HMP Parc, Bridgend, G4S custody staff for their seriously inflicting injuries, harassment and false imprisonment to cause numerous thefts of my possessions.
Serious Assaults (Article 3) Incident 1900418801
- After my Feb 2019 unlawful ‘recall’ to prison from a Cardiff parole hostel I was assaulted on numerous occasions in Parc prison with one incident already reported over the ‘floor buffer’ on A2 wing. All required medical attention and captured on CCTV & body cameras.
- The 2nd filmed significant assault was in June 2019 when I was forcibly removed from my 2nd missing wheel chair by unnecessary force from seven officers carrying me back to B block.
- The 3rd main incident was in Nov 2019 when I was snatched from my cell by unprovoked excessive force using no less than eight G4S officers using handcuffs on my wrists behind my back. This deliberate pain was inflicted from B wing to the main gate where I was ‘released’ for Bristol Royal Infirmary attention. This included x-rays due to my hip prosthesis having suffered partial subluxation of my hip joint and prescription analgesics for a month.
- The incidents have left me feeling severely intimidated, vulnerable and in constant pain.
Deliberate False Forensic History Yet Again (Article 6)
- In Sept & Dec18 G4S had inadvertently released Caswell Clinic medical data by fabricated police criminal convictions including ‘child abuse’, ‘firearms’, ‘narcotics’, ABH and ‘FTA’.
- Oct 19 HM Parole Board hearing, with evidence from a retired magistrate, had also revealed why a prison had needed such violent ‘constraints’. Both parole officer & prison supervisors had vehemently opposed release as I was, ‘violent and extremely dangerous’. To whom was I a danger, exactly, turned out to be only the Chief Constable? This caused my swift release.
- That CCTV and more leaked 2009 Barry police station MAPPA level 3 category 3 data of Barbara Wilding’s conspiracy, to have me shot, is applied for to be disclosed at the ‘machine gun’ hearing on 24th January as it all identifies the original culprit’s nefarious conduct.
‘Heroin’ to Alun Cairns MP & ‘Anthrax Spores’ to another MP false Allegations (Article 8)
- My Feb 19 release was due so police concocted reasons to stop my mail in and out of Cardiff & Parc prisons to protract time in prison and delay my civil claims. The ‘white powder’ found in my two MP letters had simply been remaining traces of toothpaste originally used for gluing exhibits onto my cell wall when originals had been stolen by my key liaison officer.
Further Deliberate Theft of my Possessions (Article 7)
Despite my pleadings and requests by parole staff G4S continues to refuse to return my wheelchair and legal papers as the latter is needed, of course, for my 10am 24th January 2020 civil court proceedings against both G4S and the South Wales Police. Today’s MG11 VPS written complaint to very patient South Wales police officers will, no doubt, end up in the police HQ shredder as did the ones, re police paint gun, to try and fool the 2010 jury!
Maurice J Kirk BVSc