Treasury Solicitor defending The Secretary of State for Justice in Scarth v HMP Leeds

Here are 22 paragraphs as Reasons for Decision by Mr Justice Wyn Williams

  1. to refuse the application for Habeas Corpus
  2. to refuse an application for bail
  3. to decline to consider an application to purge his contempt.

4: I accept that the Claimant had little time to respond to the documentation provided on behalf of the Secretary of State of Justice.

11: I am unpersuaded that I should find that the Claimant’s rights under Article 6 of the Convention were breached by the procedure which was adopted at the Crown Court.

13: Habeas Corpus is not the appropriate remedy to get the medication that Norman needs. If formal complaints don’t succeed, he might consider a ‘judicial review’.

15: There is simply no proper evidence regarding the Claimant’s ill health…

Conclusion on habeas corpus

19. … his interests are much better served by an appeal to the Court of Appeal Criminal Division.

Purging contempt

21. Judge Rose is in a better position to judge the seriousness of the contempt and the genuineness of the Claimant’s application to purge his contempt. It is a possible outcome of the appeal that the court will uphold the finding of contempt and also determine that a sentence of six months’ imprisonment was an appropriate one. Even in those circumstances, however, the court might be prepared to entertain an application to purge the contempt. 

22. … bail pending appeal is rarely granted…

I guess Norman / Chris Jarvis can’t win the legal arguments. Appealing on compassionate grounds may be the only avenue.

Will the judge in the Appeal Court have a heart that can feel compassion??? Can we speak to it with our petition comments?

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About Sabine Kurjo McNeill

I'm a mathematician and system analyst formerly at CERN in Geneva and became an event organiser, software designer, independent web publisher and online promoter of Open Justice. My most significant scientific contribution is www.smartknowledge.space
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18 Responses to Treasury Solicitor defending The Secretary of State for Justice in Scarth v HMP Leeds

  1. Jimmy says:

    Well at least he’s appealed, which is what he should have done in the first place. Assuming he was banged up for abusing the judge, six months is too long and I think he has a decent shot at getting it reduced.

  2. earthlinggb says:

    The madness of the law (and yet you trust these goons to be honest and govern you?) You must simply be madder than they. If you destroy an Eagle’s egg (that’s an embryo) it’s a federal crime punishable by more than 10 years Jail time and a $250,000 fine. Destroy a human embryo and its federaly funded.

    While the Treasury Solicitor defends the Secretary of State for Justice? The latter being a qualified liar and traitor to the United Kingdom? There are LOTS of people who need to wake up and a few who should be in jail yet are known as justice ministers.

    How can a corrupt court allow the exposure of its own corruption? You people who ask for clemency etc are barking at the moon! Get smart!

    • Anon says:

      The Ministry of Justice don’t seem to want to say under whose authority they operate ?
      18 August 2011
      Dear Ministry of Justice,

      Provide all documentation and references to legislation that
      confirms under whose authority you operate?

      1. Do you operate under the direct authority of H.M. The Queen of
      the Windsor family?

      2. Or a separate entity known as The Crown.

      3. Are you public servants?

      4. If not public servants describe your positions and rolls that
      you operate under.

      5. Confirm if you are paid as employees from the public purse.

      6. Confirm any other payments you receive other than the public
      purse.

      7. Are the courts public courts or private courts?

      8. Are the following a court of public record at all times?
      i. Magistrate.
      ii. County
      iii. Crown
      iv. Supreme

      Yours faithfully,

      26 August 2011
      This does not come under our remit.

      Regards

      Complaints Handling and Enquiries Team
      Her Majesty’s Court and Tribunal Servic
      http://www.whatdotheyknow.com/request/under_whose_authority_do_you_ope#incoming-204981

  3. earthlinggb says:

    The mafia stole your guitar. Who do you appeal to? The mafia? Get real folks. The cat is well and truly out the bag these days you’re just not willing to recognise it.

  4. peter oakes says:

    It is now happening ! before our very eye, ! It beggars belief !
    the lunatics are running the asylum !

    We can go to Google. Facebook, even citizens band radio ! and the idiots
    have nothing else to do but heap s–t and derision on Normans efforts !

    Renta a crowd, gob shi–s feel free to exploit genuine efforts, no matter how
    destructive they are to honest, decent, individuals doing their in competent
    best to put things right ! ” Victims Unite ” is being hi-jacked by the Irish, and other, agenda.

    The latest nonsence. at the last hearing ( 11) Quote :

    ” I am unpersuaded that the claimants rights under Article 6 were breached. ”

    This quote is utter nonsence ! any normal person would say ” I aM NOT CONVINCED” his rights have been breached.

    The judges quote is code speak from corrupt freemasons ( not all masons are corrupt)

    Article 6 Right to a Fair Trial ECHR. Norman was not on Trial ! he was subjected to an individual, bent judge who knew dam well the
    they are a ” Busted Flush ” exposed ! clutching at straws !

    These judges just have to maintain the myth that Mr. Calvi, Gods Banker,
    Popes “bag man ” committed suicide under Blackfriars Bridge where the tide regularly flows twice in 24 hours ! the Irish catholic mafia just have to support
    this truth ! hung on his own cable tow !

    How about that then ? that should flush a few ???

    There are to many agents with differant agenda,s messing up honest
    endeavor ! get my drift Phil Inman Guardian of the truth ! or just another
    journalist! re; Josh Rosenberg, Roger Verkaik. Francis Gibb. etc.

  5. earthlinggb says:

    “I am unpersuaded that I should find that the Claimant’s rights under Article 6 of the Convention were breached by the procedure which was adopted at the Crown Court”.

    And what this “judge” is saying is absolutely correct because the PROCEDURE was on the basis of a legal person by the name of Mr NORMAN SCARTH. The procedure was based upon a CORPORATION named “The Crown Corporation” making a presumption at law that “Mr NORMAN SCARTH” (the TRUST not the flesh and blood human being) is a trustee or EMPLOYEE of the CROWN CORPORATION and that Corporation has POLICY which “Mr NORMAN SCARTH” did not act in accordance with.

    Now, if Norman Scarth, the man, made it clear in his capacity as the Sole beneficiary of Mr NORMAN SCARTH (the trust) who, through registration of his birth certificate, became the sole beneficiary of the trust (having 100% equity in the trust) that he was appointing himself as ASDMINISTRATOR of the trust (therefore ALL public servants were simply trustees (employees)) then he could take his rightful capacity as the POLICY MAKER of that trust and advise the Crown Corporation that he, Norman Scarth, in his capacity as administrator of the TRUST “Mr NORMAN SCARTH” dictated the policy of HIS Corporation (his legal fiction or legal personality in other words) and, IN LAW, one “corporation” (legal personality) cannot dictate the policy of another “corporation” (legal personality) or have any jurisdiction over it because then there is no equity before the law. Please differentiate between LEGAL and LAWFUL. The “Crown” in this case IS NOT HER MAJESTY THE QUEEN (in Constitutional office) the Crown in this case is a LEGAL CORPORATION known as the Crown Corporation!

    It is ALL deception! Your BIRTH CERTIFICATE creates the TRUST that the Crown Corporation acts upon through the judiciary and they are effectively stating that Norman Scarth is simply a trustee (or employee) who has broken policy guidelines! They are NOT, however, ever going to advise you that YOU are the SOLE BENEFICIARY. You must TELL THEM you are! YOU are a sovereign human being and you are not GIVEN rights, you HAVE rights and NO MAN (nor government nor any other organisation of people can TELL you what rights you have OR take them away). The government and judiciary’s SOLE ROLE is to act as TRUSTEES within that TRUST RELATIONSHIP to ensure YOUR rights are not breached. That is the SOLE purpose of government and the courts yet, under the corruption and deception OF these organisations (and the people’s ignorance of their real power and capacity) it is the very govt and judiciary which are creating the breach of your rights YET you wish to APPEAL to them?

    You face them in full recognition of WHO and WHAT you are and you tell THEM what THEIR capacity is! Period!

  6. earthlinggb says:

    Please watch, listen and understand this video. It is VERY simple. The Secretary of State for Justice is a PROVEN LIAR. Now HOW can you expect justice from the courts headed by a proven liar, deceiver and traitor of the British people? You CAN’T.
    This is NOT libellous. It is not SLANDER. It is proven FACT.

    He doesn’t have a leg to stand on! The Secretary of State for Justice, in 2009, LIED when he replied to my detailed letter to him about Bilderberg. He stated CLEARLY it had no impact on policy within the UK, i.e. made no resolutions (not directly at the meetings it doesn’t but does he think I am STUPID?) and is attended in a PRIVATE capacity. TWO UTTER LIES which are PROVEN by the response to a FOI request in July of this year to Treasury. THEY are calling him a liar! These people are incompetent idiots and they cannot keep up with their lies.

  7. earthlinggb says:

    The President and CEO of “Wedontgiveadamn Inc” gathers his Worldwide Board of Directors to a Board meeting in New York where he tells them all that they have to cut 20% of their running costs from their respective countries budget for the coming year. The President doesn’t care how they do it, he just needs it done otherwise profits are going to be bad next year.
    The Directors all go back to their respective countries after the meeting and carry out the POLICY. Once back, they each contact all their regional offices and advise them they have to make cuts of 20%. The regional offices then advise the managers of each individual division etc. The Managing Directors then have a meeting with their Directors and tell them that they have to do the same with their departments.
    So a dept head fires John Smith because it’s possible to outsource his function and dramatically reduce the overheads associated with him and his function.

    What’s John Smith going to do? Appeal to the President and CEO? The man who doesn’t give a damn how his policy is carried out?
    Appeal to his “better nature” coz John is 55 and is unlikely to find another job while he has a wife and 4 kids to feed?
    “Sorry John, it’s policy and that’s life”.

    Dream on!

    Meanwhile, everyone else in the company is just wanting to keep their job so they are not going to speak out or act for John are they?

    But WHAT IF THEY DID? Every last one of them?

    But Maggie destroyed the unions didn’t she? And even the union leaders want to keep their positions.

    But what if they did? The Corporation would either have to fold or find a better way of dealing with the issue.

    Apply that to the Crown Corporation and recognise this: ACTING as a collective for ONE person is protecting ALL. These people in government and the judiciary need to get the message that we do not, any longer, play by their rules because the system which John Hemmings says “you must follow” is corrupt to the core and headed by one of the most corrupt people in the UK.

  8. earthlinggb says:

    A nice concise explanation of part of the birth certificate/legal person issue. Just as it allows you to act IN COMMERCE the government uses it (in your ignorance) to act upon “you” as a legal person. You as a human being have rights which NO MAN can take away from you but, operating in commerce and the “land of legalese” there is POLICY. If you break the “law” according to that policy you will be punished (as Norman Scarth is being). However, if we clarify to the courts that we understand the “game” and how they have and are deceiving us and that this Birth Certificate is NOT us (the men and women) but is the trust deceptively set up but we are sole beneficiaries in that trust and therefore WE create our OWN policy as a legal fiction just as the government and Crown CORPORATION creates its policy as a legal fiction (which it is because it only exists in the LEGAL WORLD it is not a flesh and blood human being with human rights accorded to it by god or the creator – and THEY know it – then WE dictate OUR legal fiction’s policy and THEY are simply trustees. Trustees have to carry out orders of the Executor.

    You can help Norman and everyone else by understanding this and acting as a collective upon it. The Courts/judges know what is going on. So far, it’s just that you don’t. AGAIN, why can’t they touch a child with NO BIRTH CERTIFICATE? Because there is NO legal person for them to act upon!

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  11. Pissed off expat veteran says:

    What’s really ironic about this is that a WWII veteran with a distinguished record is jailed for something that he previously had permission to do yet EVERY SINGLE member of parliament in the UK is currently guilty of a serious crime punishable by life imprisonment. Their crime is MISPRISION OF TREASON as outlined in the TREASON ACT of 1965… in so much as they allow without impingement, the establishment of a foreign power on UK soil – which under the same TREASON ACT of 1965 is considered an act of HIGH TREASON… so what are they doing to allow this “establishment of a foreign power”? Quite simply, by not taking the legal measures at their disposal to curtail the establishment of Shariah Law in the UK. The Muslim faith is more than simply a religion… it is a religiously based political ideology and, since it has it’s own legal system with contradicts and countermands UK law is the same as establishing a foreign power… when are the people of the UK going to grow some balls and do something about this… preferably before it is too late…

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