Thursday 21 November 2013

Richard Fulcher and Brian Pead - victims of a miscarriage of justice


Dear Henry

As you know, you mentioned in your previous email to us that you would be willing to help mediate with Fenland in order to draw a line under the ever-increasing problem.

As you will know, we have not heard back from you at present, so thought it wise to provide you with an update on the Fenland situation.

1)      Fenland District Council
In January of this year, a Judge in Cambridgeshire dismissed Fenland’s claim to strike out our Judgment against them in the sum of £270k.

As you will know, their claim is for burning down our barn (some £18k), a mere trifling sum in the context, apart from the idiocy involved in that claim, which we believe is being made vexatiously and which is, in itself, an abuse of process.

The following chronology may be helpful to you:

Date
Court
Comments
08 November 2012
Northampton County
Default Judgment obtained in the sum of £270k

No defence; no acknowledgement to original claim

No set aside requested after default judgment obtained



January 2013
Cambridge County
FDC muddy waters; bring their own claim for £18k; application to strike out Judgment

Application dismissed

Put on multi-track to be heard 23/24 October 2013;

trial bundles to be in no later than 7 days before




KL County
Lead case (Fulchers) replaced with FDC becoming lead case

unilaterally transferred to Norwich County



04 September 2013
KL County
Richard (but not Karen) Fulcher illegally made bankrupt by DJ Barry Rutland

on the same day he had the Judgment for £270k in his hand in the FDC case and he transferred the case re FDC from KL County to Norwich County [information corroborated by the Court]



17 October 2013

no trial bundle received from FDC



23/24 October 2013
Norwich County
trial vacated by FDC;



31 October 2013

the Fulchers issue a Statutory Demand against FDC



18 November 2013

E.ON finally admit Z meter not on farm and send a bill against the K meter.

This renders the bankruptcy a nullity.

The debt is transferred from the Z meter to the K meter – another fraudulent move by E.ON



21 November 2013

Richard Fulcher calls the Court; is told that the Hearing of 23/24 October had been vacated because he is “bankrupt”; RF informs the Court in a taped conversation that
(i)                 he is not bankrupt
(ii)               that the Judge in that matter has had a private criminal prosecution [pcp] taken out against hum
(iii)             that the Chief Executive of FDC has also had a pcp taken out against him,
(iv)             that he, Richard Fulcher, has made an official complaint to Government that his Article 3 rights (and those of his wife) are being breached and that an Official Investigation must be initiated forthwith.

RF asked to put this in writing for tomorrow’s Hearing



22 November 2013
Norwich County
Hearing of Application to Strike Out original Judgment of 08/11/12



All of the Court dates above, except the original Judgment, are an abuse of process by FDC and their lawyers, Weightmans, in a scurrilous attempt to further pervert the course of justice and cover up arson (a criminal act) by an FDC officer.
The entire FDC Council Body is in Contempt of Court for refusing to comply with the bona fide Judgment of 08 November 2012. 
 

As you will see from the above, there is little doubt that someone is pulling strings in this matter to ensure that Karen and I are not paid out by FDC. We are reliably informed that FDC are accruing a compounded debt of some £141 on a daily basis, let alone digging themselves into a much deeper hole.

FYI, Karen has now issued a Letter Before Claim against FDC in her own right. After seeking further legal advice, we were told that SHE has a huge claim against FDC in her own right, since she was badly affected by those and subsequent events. She is currently under the doctor for the emotional distress that these combined proceedings have caused. We have been told that her claim is in the region of £0.5-1million for the stress, distress, loss of her property and the continued harassment of her by FDC.

Since you have been asked by us to mediate, after you offered your services, you might like to inform all of the councillors of this new claim against them.

On the subject of claims, we were told by a friend in the village that the reason FDC are sitting on our money is so that they want to prevent us from bringing claims against the perpetrators of crimes against us. Do you think there is any truth in that?

2)      The Planners
We are also being ill-treated by the Planners, who keep moving the date for that Hearing, and who are threatening to throw us off the land we have farmed since 2005. As previously explained to you, at all times Karen and I have farmed here in Pott Row by following Government guidelines with respect to farming and also to planning. The Borough Council have agreed that there is a need for an agricultural worker(s) on the land because of the animals. Now, after illegally making me (but not Karen) bankrupt, the Planners are trying to claim that the farm is not viable. This is nonsense. Hence our calling for a complete investigation into all matters relating to us.

3)      Invitation to the Farm
You continue to be invited to the farm to see for yourself the enormous improvements we have made to the land since it was used as a scrapyard for cars and lorries. We have also been responsible for a significant reduction in crime due to the large number of thefts that were occurring when we initially arrived.

We do hope that you can offer practical solutions to the FDC and the Planning problems, since the time for mere words has long since passed.

4)      Home Secretary and Article 3 – Right to an Investigation
Karen has asked me to remind you that we have written to the Home Secretary informing her that our Article 3 Rights are consistently being abused and that we have insisted upon an Official Investigation. The Law states that an investigation must take place ‘expeditiously’, but to date we have not even heard back from Mrs May. Can you please write to her on our behalf and also on Brian Freeman’s behalf and ask her why we have not been contacted to assist in the investigation, which forms part of the redress available to us (and Brian) when the State has persecuted its citizens.

5)      Brian Freeman
Karen and I wanted you to see the following email, so that you can be in doubt that Brian, just like me, is the victim of a miscarriage of justice which the State continues to persecute him for.




EMAIL FROM HUMAN RIGHTS REPORTER
ALASDAIR PALMER,
THE DAILY TELEGRAPH

Alasdair Palmer <alasdair.palmer@telegraph.co.uk>
August 20, 2012
to Brian Pead <brianpead@googlemail.com>

Dear Brian,
First, I must apologise for taking so long to get back to you. I have a lot of excuses, but none of them are any good, so the best thing I can do is just say sorry.
 Second, I found your material extremely interesting. It is clear to me that you were indeed the victim of an injustice, as you maintain. The trouble is: I have been unable to interest the editor. As I am sure you know, it is enormously difficult to get people fired up about cases of alleged paedophilia which turn out to be based on nothing, or mistakes or inventions. The "no smoke without fire" principle, though fallacious, has a very strong hold on people, including many newspaper editors. I do not say that the editor does not accept you are innocent: I merely report that he does not think the story will interest the newspaper's readers.
 I am sorry I cannot be more helpful. I can't remember whether or not you contacted the solicitor Chris Saltrese, who specialises in these cases and has an impressive record in over-turning wrong convictions in cases of alleged sexual offences involving minors. If you have not done so, you should, because he may be able to help you.
 Thank you again for sharing your material with me.
With best wishes,
Alasdair

As you know, Brian was unlawfully arrested at Ramblewood Farm on 1st August 2013 and mistreated in handcuffs, in the police van to the PIC and then pulled out of his cell at 4.30am to give an interview about criminal damage to the car allegedly being driven by E.ON meter readers, but who were no doubt undercover police. He was charged with criminal damage 5 hours AFTER I had called 999 and reported criminal damage to my farm gate through the reckless driving of the female in the car as they made a hasty retreat, having been asked to provide, but failing to do so, identification.

Whilst in his cell, the police also charged him with obstructing a police officer in his duty, by saying his name is Brian Freeman, which it is. I have seen his Statutory Declaration and his new driving licence in the name of Brian Freeman and Brian offered to show the police this when he was arrested, but they didn’t bother to accept his invitation.

Then he was charged with failing to report his whereabouts to the Police, but I have a tape recording which proves he told Police exactly where he was living and they said “We have no issues with not knowing where you live.”

Karen and I have seen all the police evidence against Brian in his trial at Southwark Crown Court for the alleged incitement of a child who did not exist. No victim. No CAD Report. No record of the trial. No Unique Reference Numbers on evidence. No witnesses against him.Then, when he complained to Scotland Yard about police corruption, they created three new offences against him including the alleged witness intimidation of his 12 year old grand -daughter (who has never been a witness in any trial or Hearing),. Whilst being kept in prison unlawfully for 7 weeks, he was taken out one morning and found guilty of the harassment of his daughter and grand-children when there was no evidence against him, no witnesses against him, no trial bundle and clearly no case. It was all done to try to psychologically destroy a man who has blown the whistle on child grooming. I will arrange for a copy of FROM HILLSBOROUGH TO LAMBETH to be sent to you, so that you can have all the facts of his innocence. As you know, you have received a copy of FRAMED! which also highlights the corrupt trial at Southwark.

To be honest, Henry, the Government has persecuted Brian even more than Karen and me and it’s all wrong. He is a constituent of yours, and as such needs protection from the State’s agencies, since they continue to interfere with his basic inalienable rights.

Brian has told me that if he is not re-united with his daughter and grand-children by this Christmas, he has arranged for a full expose on his cases and trials and the abuse of children to be made. You have a son, so I am sure you can understand how he feels.

Karen and I are inviting you to meet with Brian at our farm so that he can lay all the evidence before you.

6)      Brian and Lambeth Council
On 16 July 2013, I attended the High Court at the Royal Courts of Justice in London when Master Yoxall attempted to hear 5 cases against Brian brought about by Lambeth Council. They tried to obtain a permanent gagging order on him. Then they claimed that HE was harassing THE ENTIRE COUNCIL. In short, Yoxall did NOT hear the 5 cases.

We reported him to the National Crime Agency on 13 October 2013 for fraud and misconduct in public office.

On 14 November, Brian learnt that his £5m claim against Lambeth for wrongful dismissal had been struck out on the basis that it had ‘no merit’. I have read the 100-page Particulars of Claim and it’s certain that the claim is meritorious. As a barrister, you are invited to read it. If the Claim had no merit, why did Lambeth seek to:
(i)                 Imprison him (but not co-author Michael Bird) for alleged contempt of court?
(ii)               Seek to ban the book FROM HILLSBOROUGH TO LAMBETH?
(iii)             Take down the website <lambethchildabuseandcoverup.com> which was hosted outside of the Jurisdiction of England & Wales?
(iv)             Take down the website www.allaroundjustice.com?

Alex Passman, an award-winning employment lawyer, had told Brian in writing that he had been “set up by Lambeth” and that comment was posted on the LambethChildAbuseAndCoverUp website. If an award-winning employment lawyer had seen that Brian had been “set up” why did his meritorious claim against Lambeth Council get struck out? It is obvious to all those who have seen the paperwork and the book that his claim is genuine. 


7)      RIPA and communications
Through a number of tests, it has become obvious to Karen and me that our communications are being intercepted. By communications, we refer to telephone calls, internet, regular mail and email. Brian is using this address as a postal address and his communications are also being interfered with. In particular, he wrote to Kenny Dalglish, a Director of Liverpool FC, and that communication was intercepted. Please write to Mr Dalglish to check that he did not receive Brian’s letter to him about a post that was uploaded to the Liverpool FC website calling Brian a “convicted sex offender”. He is nothing of the sort.

Karen and I are asking you to write to the Home Secretary about our communications. We have to know if anyone has asked for a RIPA notice on us and on Brian and whether it (they) have been granted.

8)      Stephen Bett
As you will probably know, Mr Bett was on the BBC last week about how he is going to hold the Acting Chief Constable of Norfolk accountable for his actions and those deployed by him. Could you kindly write to him and ask why he is failing to hold the ACC accountable for his persistent refusal to provide the CAD reports for 10 July 2012, 14 August 2012, and two CAD reports for 01 August 2013?

Please also see (9) below.


9)      Private Criminal Prosecutions
We have initiated a number of private criminal prosecutions at the Kings Lynn Magistrates Court.

Without fail, these have all been returned to us without recourse to law.

As you will know, the law allows private citizens to bring private criminal prosecutions and Karen and I and Brian want to do this. We write to the Court with details of those we wish to prosecute, and ask for a date to lay information before Magistrates, but they fail to uphold legal process. Since we have a common law right to prosecute those who have done us harm, can you please write to the Court and ask why our prosecutions are not being dealt with in accordance with the law. We are bringing these Prosecutions under Rule 7.2 of the Criminal Procedures Rules (Crim.P.R.), so it’s not as if we are acting outside of the law (unlike those who have transgressed against us).

10)  Brian at Norwich Crown Court
I went with Brian to the Court last Thursday. He politely asked the Judge (HOLT) if he was acting on his Oath of Office, and the Judge threatened to send him to prison for asking that question! Can you believe it! We would be grateful if you write to the Judge and ask him why he felt he had the authority to act in that way, because he clearly does not. He has the authority to act according to law, but not outside the law. (Those are not my words, but those of Lord Denning.) If he acts outside of the law he is acting outside of his jurisdiction and any decision he/she makes is void ab initio. We’re sure you know all this any way, as a barrister, but we are learning a lot about the law now, too, after we were completely naive before.

11)  Void orders

Speaking of void orders, both Brian and I have informed the Court system that all of its orders against us are void ab initio. That means Brian’s for alleged incitement and the alleged harassment of his daughter and grand-daughter and also mine for the alleged Threats to Kill and the alleged Harassment of Amanda Nudds. On that issue, can you please write to James Morgan and obtain a copy of the telephone conversation I had with Amanda on 14 August 2012? I know that Solicitors record all their calls (for obvious reasons) so we’d appreciate a copy of that conversation.


12)  Brian’s daughter and grand-daughter

 Karen and I have taken a great interest in Brian’s trials, since it is obvious that they are fabricated. In January 2012, he was forced to act as his own barrister and he won his case for an alleged breach of the sexual offences order illegally obtained against him. The case was dropped after a day and a half because the Judge stated on the record that the police had lied and fabricated evidence against him.

Can you kindly write to Brian’s daughter, Sorrel Birch, of 14 Melville Road, Sidcup, Kent DA14 4LX and verify – for the record- that she has never brought a prosecution against her own father?  And that her daughter, Emily Birch, has also not brought a prosecution against her grand-father?


13)  The CPS

Can you also please write to the Director of Public Prosecutions and ask why they have broken their Code for Prosecutors in bringing the bogus cases against Brian (all three current cases) and against me?

Only today I have received information that I am being taken to Court for an alleged Road Traffic Accident which I have never had. It is clearly another distraction created by someone who wants to keep me and Karen busy fighting to clear our names when we really should be fighting those who have committed crimes against us.

Henry, this persecution of me and Karen and Brian must stop now. The Conservatives in Fenland are in potential disarray over their handling of our Judgment legally obtained against them, and the Conservatives in Norfolk are decreasing in numbers on the full Council body in favour of UKIP. All these matters cannot be helping because if nothing else, the taxpayers of both Counties will want to know – and have a right to know – why so many funds and people have been allocated to bringing false claims against Karen, me and Brian.

We understand that there a number of letters you will need to write. Please provide copies of all correspondence for our records.

We look forward to your response.

Regards

Karen and Richard

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