In the Bristol County Court
Case number GA00TA220
Maurice John Kirk (Applicant)
G4S Custodial Services Ltd (Respondent)
Revised Skeleton Argument
for the hearing of 2nd December 2021
- This application has arisen because from 10 May 2021 to 20th May 2021 I was at a jury trial at Exeter Crown Court after which I was acquitted. Although attending my home address and accessing my emails I never saw any communication from Bristol County Court of a 15 May 2021 listing in case GA00TA220 or else I could simply have said to Bristol County Court that I was at Exeter Crown Court on that day.
- I also paid a court fee of £10,000 which I believe demonstrates how seriously I regarded and committed I was to the G4S matter in Bristol linking it to BS614159 appeal (40 odd South Wales Police failed malicious criminal prosecutions).
- I ask the Court also to take into account that in 2021 at 76 years I have what some may describe as an age-related cardiovascular deterioration (random GP letter enclosed) where I have been an NHS Hospital inpatient three times in May and June 2021 and was given an assortment of medication for severe AF (atrial fibrillation). It is well known that an elderly person starting such medication will have very considerable problems with struggling to be able to think and organise themselves (oxygen starvation to the brain). This ‘significant brain damage’ condition was first recorded in the Caswell Clinic, South Wales medical report dated 19th Oct 2009 advising the real medical need for legal representation.
- I brought the G4S case believing that there is a clear principle that it is essential for Courts to respect prisoner’s rights because of the high level of control that a Prison has over its prisoner (responsible for prisoners’ letters to their respective MPs – See T20200177 MP alleged ‘stalking’ acquittal and equally daft T20210178 ‘bladed instrument found in a vehicle’ acquittal)).
- Regards my compliance with Case Management my understanding is that whereas I can be asked to do obvious easily achievable points of civil procedure it is unfair and potentially unlawful to request a lay person representing themselves to display the skill of a lawyer.
- I also refer to Lord Thomas who before the Justice Select Committee said the Judiciary are concerned that efforts claiming to make the county courts more efficient were making the courts more unfair.
- I do not believe a lay person should be asked to cost out their claim as though having the skill of a lawyer but rather a lay claimant should only be asked to do as has occurred in UK Courts for centuries that a lay person has a right to bring an injustice before the court.
- This claim arises from while I served an unlawful sentence as I should have been released in March 2019 at G4S privately run HMP Parc, Bridgend.
- South Wales Police, the court heard, had telephoned my MP in May 2019 informing her that because I had sent a letter seeking help over my G4S stolen property I would remain in prison until at least December.
- On 1st Nov 2019 I was G4S violently assaulted while its staff confiscated the full content of my cell refusing, they thought amusing at the time, in supplying me with the statutory inventory of property stolen.
- These legal papers included 1CF03361civil claim arising from South Wales Police’s T20097445 ‘trading in machineguns’ miserably failed malicious criminal prosecution, my three years of my Welsh GP medical records, my Caswell Clinic, Bridgend records specifically sent to me for my Taunton GP by Dr Gaynor Jones in November 2018 and clothes, books and two wheel chairs. They refused to hand them back even ignoring my Devon MP’s letter on the matter. As a consequence, I was prevented from case managing the machinegun claim and accordingly penalised for it at the October 2021 trial.
- However, when I say confiscated my legal papers and possessions it was all more brutal than that. On 1 November 2019 my cell was raided by eight prison officers who, without explanation, filmed on body cams, rammed both my arms behind my back and forced on over tight handcuffs. Despite prior knowledge they had no regard for my previously broken wrist, thumb, elbow and shoulder.
- South Wales Police’s PNC remarkable disclosure, following my May 2021 MP alleged ‘stalking’ allegations acquittal revealed that during my G4S incarceration in 2018/19 there were, on record, my having previous false convictions including ‘firearms’, ‘child abuse’ and ‘narcotics’ (cultivating, supplying and using).
- Whereas the probation officer had success in having these convictions removed for my successful October 2019 Parole Board hearing, ordering my immediate release, there will be similar false data still remaining on my MAPPA 3/3, MG6C, PII and OASys etc police-controlled fairy tale records.
- Five FALSE WARNINGS on the South /Wales Police’s PNC, including I was ‘likely to be violent upon arrest’, was revealed for the first time following my T20200177 MP/ police CPR disclosure under Article 6 etc.
- I was then violently carried from the prison and without my feet touching the ground placed inside a vehicle and driven out of Wales without my legal papers and possessions. Two bundles of my mail almost thrown at me identified as urgent mail sent to Cardiff prison in early 2019 with the remainder addressed to me, in June onwards, in HMP Parc!
- Prior to 1st November 2019 while in custody under the control of G4S I was abused and denied adequate and appropriate medical care.
- The abuse included assaults on my person, some recorded in my snatched Comp1/2 prison complaint forms, my being denied my daily Omeprazole, for weeks on end, required for a diagnosed carcinogenic lesion, Barrett’s Oesophagus, following a flying accident for James Bond film, ‘Moonraker’, splitting my diaphragm and significantly damaging my phrenic nerve.
- Therefore, the tort includes:
- G4S and prisoner assaults in the Parc prison
- G4S induced assaults by prisoners on their misconceived belief of my having been convicted as paedophile, drug dealer and for having a conviction relating to 1968 section 5 prohibited weapons.
- G4S withheld my medicines for weeks
- and denied the return of my Caswell Clinic medical records sent into the prison for me in November 2018 by Dr Gaynor Jones specifically for my GP
- HMP Cardiff also stole both my incoming and outgoing mail for HM Criminal Court of Appeal, Cardiff’s civil court, my GP and family.
- Both Welsh prisons deliberately confiscated my applications for Parole, medical help, RCJ appeals, G4S judicial review applications and the recent machine gun case 1CF03361 papers being heard now on appeal in some Cardiff court as I am denied, of course, access to The Royal Courts of Justice.
Some of my stolen legal files were only returned to me by G4S in August 2021
- G4S have stolen my MP/lawyer file including copies of letters to HM Secretary of State for Wales and MP I cannot name by court order, Holborn Adam solicitors, Law Society, Chris Daw QC and Bar Council.
- My clothes, shoes and two wheelchairs remain stolen.
This list of loss is not exhaustive
Temporary photographic evidence of some of the retrieved Claimant files from G4S recently from four boxes from HMP Parc opened and checked by law
- In addition to that critical principle to respect prisoners’ rights, this case is about conduct that is far more malicious than odd breaches of human rights and the background of why I was in HMP Parc is essential to grasp as a means to understand what motivates G4S and what is really going on.
Multi Agency working – colluding with errant police as a perception as to why G4S also acted in bad faith failing to disclose a Chief Constable was also in charge of Gold Group, the officer in charge of T20097445 unknown to the Claimant, 2017 jury or Royal College of Veterinary Surgeons over past 12 years.
- As in the 1CF03361 South Wales Police ‘machinegun’ conspiracy, to secure a 10-year mandatory prison term to block my imminent BS614159 civil claim, both G4S and HMP Cardiff conspired to pervert the course of justice.
- The background is important because it explains the motivation of G4S to try to do the same as SW police to obstruct if not swamp me with obstacles to make it difficult for me to manage my civil legal cases ALL against them.
- This claim arises in a context where I am in a long term dispute with SW Police and their partners through multi agency working where I alleged that every time I tried to bring a case before the civil courts to prove my point, mischief occurs by SW Police and their partners (such as Dr T W and G4S), try to undermine my case at the civil courts. (Dr TW was the author of my notorious 19th Oct 2009 psychiatric report recommending I be further sectioned under the1983 Mental Health Act as an IPP prisoner in Ashworth’s high security psychiatric hospital- meaning for life.
- By mid 2009 my case over years of harassment and deceit by SW Police was due to be heard at the civil court. The case concerned nearly two decades of being harassed by police trying to prosecute me and the sheer amount of times they tried to prosecute me made for an unassailable inference of mala fides. I was acquitted or a case dropped over forty (40) times.. More than 40 prosecution cases were started and I won 89% at one point consisting of more than 123 criminal allegations. A trend which means that it is certain that the reasonable thinking man will suspect that some kind of mischief must be occurring (HHJ comment in 2000 BS614159 Bristol County Court hearing was an example of that).
- Regards this 2009/2010 remand and prosecution over a WW1 film prop dummy Lewis gun the jury believed me and I was promptly acquitted.
- But in August to December 2009 when SW Police felt their prosecution would fail they used their Gold Group multi agency partner Dr TW to deploy reports he must have known were false to try to damage my credibility and get me sectioned to Ashworth indefinitely.
- Importantly Dr TW used a series of one month applications for sectioning to Dr TW’s clinic at the ABM NHS in Bridgend starting 3 August 2009 to assess whether I may have brain damage from aeroplane crashes. This was to assess whether I had brain damage affecting my behaviour which of course included the ability to manage my life.
- His colleague, Professor Rodger Wood, in on the act went further and said in writing my brain damage had been primarily due to my having been a ‘long term drinking partner, Actor, Oliver Reed;!
- However by 29 August 2009 two experts from the ABM NHS Bridgend Radiology Department decided I had a normal brain scan for a man of my age. Therefore, just like my claim against G4S, Dr TW sought to collude with SW Police by not only hiding my NHS formal all clear result from the Cardiff Crown Court but also Dr TW made the leap to an area of medicine in which he is not qualified, to assert as an expert that I had significant irreversible brain damage which impacted on my behaviour.
- Additionally Dr TW changed his early diagnosis to the Cardiff Crown Court of
“…….consistent with, but not diagnostic of a paranoid illness…”
Dr TW writing to Cardiff Crown Court early September 2009
- In contrast between October and December 2009 Dr TW was trying to Section me indefinitely to Ashworth now claiming I suffered from Paranoid Delusional Order but was unable to explain any unreasonable or unusual behaviour to justify him saying that, other than I was suing SW Police.
- Also the extreme number of attempted but failed prosecutions or like incidents, meant a reasonable person would think there was good reason to challenge SW Police. Parliament has decided that legal action against the Chief Constable is the correct way to raise issue.
- Dr TW was seemingly colluding with SW Police by attempting to Section me indefinitely on 2 December 2009 at Cardiff Crown Court before a jury trial could occur in January/February 2010. But he failed because no other doctors would support him.
- SW Police now promote only the false report of Dr TW as if true while omitting from police records what all the other doctors say. Dr TW says in his report to the Cardiff Crown Court:-
“…My current preliminary position is that whilst Maurice Kirk is fit to plead, his difficulty in organising ……as a result of brain injury……..he would be unable to conduct his own defence
Dr TW point 11 dated 30 September 2009
- After my being acquitted by the jury in 2010 failed prosecutions that take up my time and resources did not stop.
- One of eight of the jury in a nearby public house physically dragged me into a public house near the Cardiff crown court in order to tell me that after the first day od evidence in a two week trial it was clear I had been ‘stitched up’
- As from 2010 while I tried to avoid SW Police and live in France, SW Police sent my local French police a copy of medical reports by Dr TW that police knew were untrue.
- Additionally in 2010 SW Police tried to prosecute me over trivia of whether trying to attend the civil court amounted to common assault and after a year of disruption to my life that was eventually thrown out of the Magistrates court.
- during the time period of of the BS614159 police incidents seven times I had HORT1producer documents served on me by south wales Police and seven times I flatly refused to produce, anymore, my driving licence, insurance and MOT documents that led to no cautions or prosecutions.
- Furthermore as from 2011 SW Police started a series of many prosecutions claiming that my trying to complain with accurate truthful references about them using false reports by Dr TW, amounted to harassment of Dr TW.
- I did mange a year free of SW Police where in 2016 I flew my aeroplane half way across Africa as reported with interest and excitement by the main UK news media and the main media across the world.
- But I could not complete the second stage of my 2016 Africa trip because SW Police arrested me in 2017 for saying the truth at the police station in
- My Cardiff Bay police station video account of the Dr Tegwyn Williams/South Wales police conspiracy was never investigated
- SW Police do not like me saying the truth and I was given a two year sentence for publishing the truth and that is why I was at HMP Parc under the control of G4S.
Are my claims about saying the truth credible?
- Dr TW must have known he was doing wrong because in 2007/8 he wrote Chapter 19 “The expert witness: professional practice and pitfalls” in the Handbook of Forensic Mental Health (Pub: William 2008)explaining not to go beyond one’s expertise and to use other experts if issues are outside of one’s expertise. Therefore, when Dr TW is not medically qualified as a neurologist
- Dr TW not only acted improperly but potentially even criminally in knowingly and so seemingly intentionally misleading the Crown Court, CPS and Police on important issues.
- We can see potential dishonesty regards Dr TW and police use of Paranoid Delusional Disorder (PDD) because they use PDD when they feel it could cause harm, but hide it from the four prosecutions when it would have reduced my sentence by half or even no sentence at all.
- We can use the example of the case of farmer Tony Martin who shot two young intruders as they fled his home. In the Tony Martin case PDD was an integral a part of the case and was the reason why he only received a reduced sentence of three years. Whereas Police and Dr TW arranged I served 5 years in prison for saying the truth on posters and on the interne
- The Police cannot avoid the fact that even though I was acquitted in the 2009/10 Lewis gun case a film prop dummy Lewis gun was not a firearm. Yet the police still have to this day placed on the Police National Computer (and so for the attention of police across the world) that I am a 2009 firearms risk and that I am violent.
Honest Opinions of experienced G4S staff differ to that of police.
- The staff at G4S did not find me as a violent or dangerous risk as SW Police maliciously say or having the severe medical conditions as Dr TW say and SW Police amplify. It may well be one reason why G4S needed to hide my legal and other papers as G4S inadvertently prove the wrong SW Police do in persecuting me by a false assertion of risk that they know is not true.
Claimant won the Cardiff Crown Court jury trial in 2010 and the Exeter Crown Court jury trial in 2021 that both arose from a false assertion of risk
- As from the 2009/10 prosecution that SW Police lost they still placed the Claimant on the Critical Public Protection Risk as one of the very most dangerous people in the UK where by Critical Public Protection Risk those procedures require police local to the prison to inform the constituency Member of Parliament when the person may be released into their constituency and what risk there is.
- When the Claimant was serving sentence for saying the truth at HMP Parc, SW Police took this opportunity of having placed the Claimant on the Critical Public Protection Risk to exaggerate risk to Rebecca Pow MP so that she became hysterical from false assertion by SW Police so that she ineptly claimed that the Claimant asking his constituency Member of Parliament for help amounted to stalking. But yet again we have another prosecution by police that the jury at Exeter Crown Court did not believe.
Abuse at HMP Parc
- G4S also may feel need to hide my legal and other papers because the papers can help me prove the abuse that occurred while I was at HMP Parc.
Example of HMP Cardiff and HMP Parc taking legal papers
- I believe the harsh treatment and raids of my cell with the confiscation of my legal papers was instigated by SW Police via multi agency working because the same occurred while I was at HMP Cardiff.
- Please see the attached statement by ….. prisoner statements confiscated
- My understanding of the law is as online Human Rights groups say that –
“Make no mistake, no matter what your crime, you will be subject to the Prison Rules while you are a ‘guest of the state’, however many of your basic rights are unchanged. You still have the right to food, protection from assault and access to the courts.”
- Regards the set aside of the previous decision I understand there is to be a level playing field fairness and with a priority support the overriding interests of justice.
- The Claimant did not see any notification from the County Court and would have easily responded if he had by saying he was at an Exeter Court trial. The Claimant was also an inpatient in hospitals for serious age- related cardiology problems. The Claimant understands the Court has good reason and discretion to set aside the previous decision if the Court so wishes.
- Although some it the court system may wish to try to establish a harsh approach that squeezes out litigant in person from having access to the courts, I believe the senior Judiciary under appeal on points of law, cannot support the imbalance in power and unfairness that is occurring or asking lay people to act with the skills of lawyer.
- The Claimant ask the court to give regard to the considerable ECHR rulings on prisoners right and although some ECHR case law is no longer binding in the UK Courts, the UK Courts are to still take notice of what rulings have occurred at ECHR:-
The Claimant wishes to get on with is life without all these disputes and court cases and ask that G4S return his legal papers and other possessions as a matter of urgency.
Dated 21st September 2021
Let us now summarise the level of deceit within the South Wales authorities requiring an Englishman to be gaoled for five years of his life in order to block both his BS614159 40 odd failed malicious criminal prosecutions civil claim and his 1CF03361 equally scandalous 1CF03361 ‘trading in prohibited weapons’ contrary to section 5 of the 1968 Firearms Act
to be continued
MAURICE JOHN KIRK
Claimant in Person