Saturday, 12 October 2013

Exposing King's Lynn Council, part 3

1.      

2.      WPS Faulkner asked my wife if she had the key to my gun cabinets, where I lawfully keep a number of firearms which I need in my role as a farmer. I also have a ‘bolt gun’ so that, in the event that I need to humanely put an animal down, I can do it.

3.      My wife informed the police that she did not have a key and that she did not know where I keep the key. This conforms with the regulations around keeping firearms on my premises.

4.     The police left after about 15 (fifteen) minutes. They did not appear to be in any hurry to detain a man who had allegedly made threats to kill officers at FDC.

5.      The following day (15 August 2012) armed officers against visited my farm and I was unlawfully arrested and my firearms unlawfully confiscated. I was taken to the Police Investigation Centre (hereinafter “the PIC”).

6.      I was given the duty solicitor, George Sorrell of Credence Law. He appears on the interview tape when I was interviewed by officers at the PIC.

7.      I was released on bail.

8.      Mr Sorrell then instructed Neil Guest of Charter Chambers (33 John Street, LONDON, WC1N 2AT.)

9.      At a Hearing, Mr Guest told me (in front of my wife) that I would be sentenced to 10 years imprisonment if I was found guilty of Threats to Kill.

10.                       Mr Guest repeated this on at least three occasions in front of my wife.

11.                       My wife became extremely alarmed and distressed. She is receiving medical treatment for stress brought on by these entire circumstances.

12.                       Mr Guest then met with the Prosecutor and said that he had “...a deal...” for me. He said that if I accepted a charge of Harassment, the two charges of Threats to Kill would be dropped and I would only receive a small sentence of community service.

13.                       My wife was panicking at this stage and she wanted the entire proceedings “to go away”. Under duress from Mr Guest, I accepted the deal of pleading guilty to harassment, but knowing that I was not at all guilty in order to ensure that the Threats to Kill charges (and the possible 10-year sentence) would be dropped. I was not comfortable with agreeing to say I was guilty of harassment when I knew myself to be innocent of the charge, but Mr Sorrell and Mr Guest left me and my wife in fear of a ten-year sentence.

14.                      Having agreed to the “deal” struck by Mr Sorrell and Mr Guest with the prosecutor, I then went into Court for my Plea to be heard.

15.                       When the charges were read out, I realised that I had been tricked. The two allegations of Threats to Kill were still read out, together with the additional charge of Harassment. I was astounded by the duplicity of Mr Sorrell and Mr Guest and the prosecutor.

16.                       I was aware of the duplicity at the moment the charges were read out, and so I pleaded “Not Guilty” to all three charges.

17.                       Although I say “three charges”, I must point out that I have never been charged with Harassment. No witnesses have ever made statements alleging Harassment. I have never harassed anybody.

18.                       The ‘charge’ of Harassment was added to the original charge of Threats to Kill under section 16 of the Offences Against the Person Act 1861 (hereinafter “the OAPA”). I have since found out that this is wholly improper procedure and abuse of process.

19.                       I believe that this makes the entire trial and the conviction and sentence a nullity, since Lord Denning stated in Abraham v. Jutsun (1963) 2 All E.R. 402, at P. 404. that: “...appearing . . . on behalf of an accused person, it was as I understand it, his duty to take any point which he believed to be fairly arguable on behalf of his client. An advocate is not to usurp the province of the judge. He is not to determine what shall be the effect of legal argument. He is not guilty of misconduct simply because he takes a point which the tribunal holds to be bad. He only becomes guilty of misconduct if he is dishonest. That is, if he knowingly takes a bad point and thereby deceives the court...”

20.                       According to Lord Denning’s comments, I believe that the prosecutor, the Magistrates and defence solicitor Gavin Cowe deceived the Court.

21.                       I believe that they are guilty of misconduct in public office and that they should answer charges of perverting the course of justice.

22.                        Gavin Cowe failed to write a defence statement for me.

23.                       He said he would handle it in the Magistrates’ Court; that I did not need to be represented by a barrister; that the case did not need to be heard in a Crown Court; that he did not need to call witnesses as to fact.

24.                       Mr Cowe also failed to seek full disclosure; failed to obtain the CAD report that I instructed him to obtain; failed to call the painter and decorator; failed to call the receptionists; failed to get recordings of telephone calls made by me to H&S.

25.                       I believe that Mr Cowe was negligent. I believe that he deliberately perverted the course of justice, that he deceived the court, abused the court process and that he conspired so to do with others.

26.                         As a direct consequence of a neglectful solicitor, I was found guilty of Threats to Kill (x2) and of Harassment. I was sentenced to 250 hours of community service.

27.                         I believe that Mr Cowe deliberately misled his client and that he conspired to, and perverted, the course of justice.

28.                      I believe that Mr Cowe deceived the Court.

29.                       Immediately after my unlawful conviction, I was visited on a number of occasions by Trading Standards.

30.                       I believe that Trading Standards had been instructed to harass me.

31.                       Ms Paula Cooper, of Norfolk County Council Trading Standards, harassed my wife and I and set us wholly unrealistic targets for the improvements she deemed necessary on the farm.

32.                       Ms Cooper would visit one day and demand improvements within 1 or 2 days.

33.                       Without lawful excuse, she brought a number of police officers to my farm when visiting.


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