To THE LORD CHANCELLOR, The Rt. Hon. Lord Falconer QC, The House
of Lords, LONDON SW1A 0PW. Copy letter below. It is self explanatory, & SO outrageous,
you MUST take immediate action!
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To Mrs. H. Jane Gill, District Legal Director, Leeds Magistrates’ Court,
10th December 2003
PO Box 97, Westgate, LEEDS LS1 3JP. Tel: 0113
245 9653. Fax: 244 4700
(not printed till 23/12/03.
See endnote 2.)
Re. Laying Information (starting a private prosecution), as in my document ‘ArmleyInfoMags-03-11-26’
In your letter of 9/12/03 you write,
1)
“Individual grievances may not be prosecuted through the courts. Your document
does not disclose any matter which can be formally pursued”.
2)
I thought I was shock proof, but shook
my head in disbelief on reading that. Before the police were invented, it was
the inalienable right of everyone in the land to report crime to a Justice of the Peace. It still is. Home Secretary Blunkett
did say that he was going to ‘get rid of airy-fairy human rights’, but he has not given you
the power to wipe out Stone’s Justices’ Manual, Archbolds, Halsbury’s Statutes, & 100s of years of Common
Law.
3)
See my original document ‘ArmleyInfoMag-03-11-26’, &
para.14 below, for ‘discrimination’ against the L.I.P.
4)
Lawyers are noted for being ‘economical
with the truth’, the phrase infamously coined by Attorney General Sir Robert Armstrong to excuse his own lying, but
never could there could be such ‘economy’, so blatant & shameless, as in your letter – with a signature
too!
5)
Have you forgotten that you were much involved
yourself when I prosecuted a Statutory offence in Leeds Magistrates’ Court during the early months of 1996?
6)
I refer you to correspondence between Messrs.
P.Whitehead & L.Lewthwaite, yourself, myself & Denison Till solicitors, during February, March & April 1996. Of particular importance are Denison Till’s letter of 15/3/1996 to Mr. Whitehead;
Mr. Whitehead’s letter of 15/2/1996 to me, & your own of 21/3/1996 & 12/4/1996 to me. They show that your two sentences as above are not only most wicked lies, but very serious crime. ‘Obstructing the course of Justice’ is subject to life imprisonment. Your position does not give you immunity (see endnote [i] ). To save you searching your archives for the correspondence, I give
extracts below:
Extract from Denison Till letter to Mr. Whitehead 15/3/96:
7)
“RE. PRIVATE PROSECUTION, N.SCARTH
v BRADLEY GRANGE STUD, SHEILA HARRISON, TOBY CONYERS-KELLY & ELIZABETH BEAL,
LEEDS MAGISTRATES’ COURT, 29th MARCH 1996.
Prosecution
Pursuant To Section 40(1)(A) Of The Administration Of Justice Act, 1970. …”
“Given that this prosecution alleges wrongdoing by a solicitor & Legal Executive, which puts in issue their
respective professional reputations, we have instructed Counsel in this matter, namely Garry Heap … who will represent
the Defendants at the trial of this matter. We have spoken with Counsel, &
we would request that this matter is, if at all possible, listed before a Stipendiary Magistrate.”
8)
I complained at this collusion in my letter
of 20/3/96. In your reply, 21/3/96, you wrote:
“… You may be assured that the bench which determines your case will be absolutely impartial & will
give you every opportunity to present your case fully. … I am not prepared to agree to adjourn the case, & you must come prepared to proceed on 29 March 1996.” (There were in fact three hearings in the matter.
The story is told more fully in Chapter 12 of my book, ‘Cause For Concern’[1997]).
9)
Though of comparatively minor importance,
later correspondence between us is illuminating. My letter of 9/4/96 (para.
5) said, “I would also complain that when one is delivering a letter by hand to the court (with a vehicle waiting
outside) one is not allowed to hand it to the ‘Enquiry Desk’ just inside the door. Instead one has to go through the rigmarole of a security check, emptying pockets etc., then climb 2 flights
of stairs. Is there a reason for this please?”
10) Your letter of 12/4/96 (para. 4) said, “Hand delivery
letters are not accepted at the Enquiry Desk because the security officers are not in a position to deal with correspondence
appropriately. Level 4 Administration Reception receive & process promptly
all correspondence received. … I
am sure that you understand the need for security checks in a potentially vulnerable building …”. (You must never (at that time) have seen the big security
flap that ensued when a vehicle was stationary outside the court entrance for more than a few seconds!!!!!!)
11) About 18 months later I wrote complaining that I had been prevented
from delivering a document to Reception. Your reply said “Documents can
always be handed in at the Enquiry Desk”. It seems my common sense
suggestion had borne fruit!
12) Having seen scope for great financial savings by improving
the efficiency of the court in many ways, I offered my services as consultant (trial period free), & asked that
you put it before the Magistrates’ Court Committee. You confirmed that
you had done so, but there was no reply.
13) Apart from fighting in World War 2, I have given a long lifetime
of service to my King, my Queen & my Country. It has included bringing a
vital change in British law (via the European Court of Human Rights, case 33745/96), incorporated into the 1998 Human
Rights Act, confirmed by a letter to Jacqui Lait MP dated 1/9/98, from Geoffrey Hoon MP, (then Lord Chancellor Irvine’s
spokesman in the Commons).
14) One might expect it to have brought me respect from the legal
professionals, but it has earned me their hatred, as evidenced by the above - & by my current address: Astonishingly, this hatred for the LIP is shared by the Prison Service. They act as pimps for lawyers, & will frustrate the LIP by the most diabolical criminal means –
hence the ‘information’ laid by me.
The facts in
this WITNESS STATEMENT are true to the best of my knowledge, belief & recollection (E&OE}.
Norman Scarth (born
1925). Political Prisoner GV 5409, Her Majesty’s Prison Leeds, Armley Gulag, LEEDS LS12 2TJ
Signed: pp N.Scarth
10th Dec. 2003 [ii] .
Mrs. Gill: I hope that the mental aberration which caused you to write
as you did has now gone, that the above has helped you to remember that individual grievances MAY be
prosecuted through the courts, that it is the right of everyone in the land to do so, that it is serious crime to obstruct
the exercise of that right, & that you will issue the summons/es without delay.
[i] I remind you of the words of Thomas Fuller (1608-1661),
quoted by the great Lord Denning when giving judgment against the Attorney General: “Be
you never so high, the law is above you”.
In his book ‘WHAT
NEXT IN THE LAW’ Denning wrote about ‘Abuse of Power’. “
Whoever may be guilty of abuse of power, be it Government, State, Employer, Trade Union or whoever, the law must provide a
speedy remedy. Otherwise the victims will find their own remedy. There will be anarchy.”
Things are
getting worse in Britain, & it cannot be long before the public wake up to the fact.
You may feel well protected
by your fellow professionals, but I remind you that the Berlin Wall DID come down, East German officials
WERE prosecuted & punished. ‘Beware the fury of
a patient nation’ said someone. Nicolai Ceausescu & his wife were executed
on Christmas Day after his regime was toppled in Rumania. We do not want to see that happen
here.
[ii] An example of diabolical obstruction, frustration & crime by the Prison Service: As a prisoner without a lawyer (a Litigant In Person, a ‘LIP’)
it is my lawful right to ‘equality of arms’ – access to a computer, printer, copier
etc., to pursue my appeals against conviction, sentence, & other court actions, including High Court, House of Lords &
ECHR (all of which can bring horrific truth to light). My
own laptop computer is actually here in prison (with vital documents on it!), but I am denied access to it! It has taken 2½ years on a starvation diet for the Prison Service to loan me one!! Though I now have a laptop in my cell, they are using monstrous lies & fiendish
excuses to deny me access to a printer!!! That is comparable to giving
a starving man a tin of food – but no tin opener! If this document DOES
get printed it will be a miracle. I may not be able to sign it by hand myself.
THE FACTS IN THIS WITNESS STATEMENT ARE TRUE TO THE BEST
OF MY KNOWLEDGE, BELIEF, & RECOLLECTION (E&OE).
Signed:
Norman Scarth.
COPY ALSO TO THE ATTORNEY GENERAL.
