Brian Haw: "Proof of Evidence. Why I cannot receive a Fair Trial" (written while Corbyn et al illegally hid 8 March 2007 emails from legal scrutiny) (21.06.2019)
PROOF OF EVIDENCE
Client: Brian Haw
NAME : Brian William Haw
ADDRESS : Parliament Square, London
TELEPHONE NUMBER : 07743 689 045
DATE OF BIRTH : 7th January 1949
OCCUPATION : Peace Campaigner
WILL SAY AS FOLLOWS: -
I set out below the reasons why I cannot receive a fair trial at City of Westminster Magistrates Court:
Enforcement of SOCPA sections 132-138
- As Barbara Tucker said in her Judicial Review CO/2460/2008 seeking a Declaration Of Incompatibility and various other remedies to redress serious harms and losses (a copy of which has already been provided to the court) where Mr Haw is listed as an interested party, that there is “no legitimate aim” that is convincingly established in criminal law in SOCPA 2005 ss 132-138. The City of Westminster Magistrates Court heard a case against me in relation to SOCPA when the reality of the situation included that the Commissioner did not lawfully delegate his authority to authorise demonstrations and campaigns – there is an undated document that cannot be relied upon as delegating authority.
The reality of the situation is far above this magistrates court involving most serious issues.
Parliament who do not have unfettered powers illegally:
a) concocted a law SOCPA 2006 ss132-138 where they purported to give police unfettered powers to write “conditions” law to be judge, jury and executioner – to even punish without trial by stealing persons and property the government don’t like as the Commissioner did on 23rd May 2006.
b) retrospectively punished an exempt campaign without trial.
Denied access to Justice /legal redress over illegal seizure/re: summons and hearings
- City of Westminster Magistrates Court has failed to deal with the issue of the unlawful seizure of my property by the Metropolitan Police on 23 March 2006. I first raised this point in front of DJ Workman at Bow Street Magistrates Court on 30th May 2006 when I stated that the police had stolen the evidence which I needed to defend the allegation against me, namely that I was in breach of the conditions of my protest. ‘
- DJ Workman and subsequent DJs at City of Westminster Magistrates Court and other courts have failed to deal with the issue of the return of my property from the police including when even the criminal case against me concluded when I was acquitted of any criminal charge in January 2007, after having been subjected to inhuman and degrading treatment by being locked in a glass cage for three days during a politically motivated “trial” in December 2007, where the government had illegally disappeared what they did not like; my display.
- On 23rd March 2006, BH and BT sought advice from COWMC regarding laying an information at COWMC over the illegal seizure. District Judge Purdy asked to speak to us and eventually informed court staff to assist us. I subsequently laid information for a summons which would require the Commissioner of Police Sir Ian Blair and the Prime Minister Tony Blair to be summonsed under the Theft act. DJ Workman refused to issue a summons for this with a nonsensical statement. I therefore obtained a summons from DJ Workman under the Police Property Act summonsing the Commissioner Blair for a hearing on 24th July 2007 at COWMC, which was DJ Workman’s choice through the legal clerk. This summons was then thrown out by Nicholas Evans on 24th July 2007. Nicholas Evans said he was withdrawing the application and I said that it was not an application, it’s a summons issued by DJ Workman, who I am informed is the top DJ of the country; you cannot withdraw it. Evans response was; in which case I am dismissing it. I said you can’t do that, however you can and you are required to withdraw yourself, I request and insist you must recuse yourself because of bias and prejudice. When Mrs Tucker was in front of you, and I was present, on 26th March 2007, you ran out of the court and had us both violently assaulted and dragged down to the cells and this case is still being appealed. DJ N Evans did not give a reason for throwing the summons against the Commissioner out. We demanded a reason but he refused to provide us with anything either orally or in writing.
Unlawful ‘banning order’
5. It was never established or made clear how the banning order came about that was in effect a further unlawful sanction that was arbitrarily imposed by the Court Manager at COWMC without scrutiny.
The effect of the unique banning order when you read and apply it, was to cynically and unlawfully deny BH and BT access to and the administration of justice,
Any member of court security, staff or judge could and did do whatever they liked to us, (as peaceful people) based on this arbitrary banning order.
I have with great difficulty laid information in the Court and I have further information which I would have laid and followed up concerning various offences, if I had have had access as indeed would have BT. For example, police stole our banners from our campaign. They were illegally seized and the police accepted they had possession of my property. A copy of the banning order is filed in CO/2460/2008
- Banning orders have been used to deny myself and Barbara Tucker access to the courts when we have been defending our cases and appearing as witnesses for the defence and McKenzie friends in various cases.
Assaults at COWMC regarding contempt of Court and “banning order”.
- I have been assaulted on a number of occasions at City of Westminster Magistrates Court. On 26th March 2007 I attended City of Westminster Magistrates Court as a McKenzie friend for Barbara Tucker. Barbara Tucker had attended as a Mackenzie friend for Steve Jago to find that unknown to her she was also on the list of people who had been summonsed to court (however the summons were never served before being placed sine die in her absence, without legal representation or her permission, thus revealing that they had served no lawful purpose). Barbara Tucker was at court by happenstance. DJ N Evans cavalierly denied an adjournment (that he did not deny Charity Sweet who had similarly not been served with summons) before he demanded that Barbara enter a plea which she was unable to do, having not even been served with a copy of the – four - summons that were not – even - read out to the court. When Barbara while forced to represent herself properly pointed out that what was going on was wrong and that she wished to make a complaint, DJ N Evans ran out of court (without citing any contempt). Whilst we, BH, BT & SJ were then waiting to find out a date for a further hearing, the CPS and PCCX674 Smith were laughing at the fact that BT was unwell and upset by their taking the opportunity to mock/harass her, and security was called to the court (Court 7) and we were then illegally assaulted by private contractors who were not even contracted to that court. We were later informed that we had been in contempt of court and would be required to attend the City of Westminster Magistrates Court on that charge on 29th March 2007. This whole incident was clearly a cynical attempt by the court in ongoing attempts by this government to smear peaceful people who should never have been in court, to cover up and distract from the ongoing illegal and malicious prosecutions that had and continued to be being brought against us under SOCPA 2005 ss132-138. The government had put out misleading propaganda over the illegal seizure on 23rd May 2006 and can’t face the real truth being made known, and for their wrongdoing we have suffered sustained and vicious persecution and victimisation.
- I was again assaulted on 9 July 2007. This was several days after the RCJ had to adjourn an appeal on 4th July 2007, brought by the CPS over my no case to answer, that they lost on 6th August 2007. On 9th July, 2007 at COWMC, a trial against Barbara Tucker over 5th August 2006 that had repeatedly been delayed without lawful excuse time and again by Taira Kauser from the CPS and DJ’s Workman, N Evans and Snow, from November 2006, (that was inextricably linked to another case I won on appeal at SCC on 13th December 2007), was finally thrown out when the CPS were forced to admit, after many serious harms and losses had already occurred, that BT had been “illegally charged” and “there never was any evidence against her”. Those present included Brian Haw, Barbara Tucker, Charity Sweet and Steven Jago. On leaving court we were ambushed outside the court where we were violently assaulted by a very many police officers from TSG, Belgravia and Charing Cross. Many court staff and shocked members of the public, including Charity Sweets’ 8 year old daughter, witnessed this incident. We were violently handcuffed, assaulted and kidnapped in a horrific public scene outside COWMC that closed the whole road as we were all violently dragged, thrown around, and assaulted before being held down and kidnapped, with reckless disregard for our safety, before we were illegally held in police custody. No charges were ever brought against us.
July ‘07 was the month where the Commissioner of the Metropolis faced the embarrassment of a summons over the illegal seizure and further High Court proceedings that risked revealing the illegal seizure, and thus the month descended into a series of horrifying unlawful arrests, malicious prosecutions and endless intimidation and abuse of P. Square campaigners.
- I was further assaulted on 9th October 2007. Both BT and I witnessed that The Ant was released on unconditional bail at 11am with 4 Belgravia officers who we had called present. When we were denied access to the court to help the Ant, BH & BT asked for police officers from Belgravia to attend before BT & BH made the complaint to them that the “banning order” was harassment, with BT inviting the court to have the police arrest her for trespass, ie to put up or shut up and allow entry. The police from Belgravia then went into court to see what was going on and came out saying the Ant was being released on unconditional bail and waited with us while he was. At 6:12pm PC CX 674 Roger Smith then illegally arrested Ant in Parliament Square, on a fraudulent arrest warrant that was illegally issued out of COWMC as he had previously done to BT at SWMC on 16th July 2007. City of Westminster Magistrates Court could not issue an arrest warrant when Ant had been released on unconditional bail that morning and the police at Charing Cross were shown the passage in Archbold’s that proves this yet, despite our calling 999 the police (including Burnett) refused to release him. The police were extremely abusive as we had also been attending CX where BT was NFA’d on yet another matter – where two large unidentified males had attempted once again to lure her alone, behind closed doors at CX, without giving any reason for wanting to do this. The police then got further bail papers from City of Westminster Magistrates Court trying to make out Ant had not been released from COWMC, but had been held at COWMC to go to Southwark Crown Court when all had witnessed that this was not true. Someone / police officer had got these papers from City of Westminster Magistrates Court. PCCX674 Smith and Burnett were involved. It transpired that the police had called SCC at 4.45pm before the warrant was executed and that SCC declined jurisdiction as per our same reasons that are in Archbold’s, yet the police had still gone ahead with executing it, knowing that what they were doing was illegal. The police then dropped Ant at SCC the next morning, before admin staff arrived and could refuse to accept him. Once Ants whereabouts were established, Ant was finally released by HH Judge Rivlin who ruled the arrest had been unlawful and that it should never have happened, but nevertheless when all is said and done, covered up what really happened, which included the MET and COWMC acting illegally, because HH Judge Rivlin should have ordered an investigation into serious wrongdoing by COWMC and CX. Only the other week at SCC we saw a jury shocked to learn that a CX police officer had been suspended who was also involved in illegally destroying three pieces of evidence that were inconvenient to the prosecution case, in a case involving the Ant, that also showed BT who was not involved in the case, being assaulted by a male police officer.
- Both BH and BT were assaulted - inside - City of Westminster Magistrates Court by security and court staff on 9th October 2007. They were trying to stop us going to court to help Ant. Brian Haw was being called as the Mckenzie friend for the Ant. They assaulted us in the court reception area. Brian Haw was there as McKenzie friend and we were both witnesses that the Ant had been illegally arrested the previous day, where the case against the Ant was NFA’d.
- On 3rd September 2007, I witnessed BT illegally detained at COWMC again by
an Acting Judge Green while she was being abused by PCCX 674 Smith – yet again - where a hearing took place in her absence where she was found guilty,(which was later overturned)and where she was not brought back before the court before being later released from cells without bail papers to return at a later date.
- On 3rd October 2007, I witnessed DJ Tubbs cover up over 3rd September 2007, by refusing to provide/produce bail papers for BT from 3rd September 2007, dishonestly claiming she did not have to, when she did.
- DJ Tubbs also covered up that SJ was threatened with a fraudulent arrest warrant by Probation for appearing as BT’s Mackenzie friend.
- I was again assaulted on 31st October 2007. We were at City of Westminster Magistrates Court for Steven Jago as McKenzie friends. DJ N Evans denied us access to the court as his witnesses and an unlawful conviction against SJ was secured because we could not attend and COWMC disappeared this appeal to SCC by SJ. Again we were in the building and were forcibly removed from the building.
Court fine,involving illegal arrest warrant dated 29.03.07 by District Judge Wickham
- The decision by District Judge Snow to illegally enforce an alleged unknown court fine against me as he said he was doing “just in this case”, when following a finding of guilty of contempt on 26th March 2007, on 29th March 2007, it transpires that DJ Wickham illegally issued an arrest warrant also dated 29th March 2007 and thus no request for money was ever made, is another example of the biased way in which I am treated by City of Westminster Magistrates Court.
An alleged “fine” could not be imposed, let alone enforced as I was still in the process of appealing the finding of contempt by way of judicial review. I am now appealing the actions of DJ Snow on 22nd April 2008, by way of Judicial Review.
This was an illegal hearing by DJ Snow who was well aware of CO/2460/2008. BH and BT asked court staff to call the police to make a complaint against DJ Snow to have him arrested, because he was seeking to enforce alleged non-payment of a fine by sending Mr Haw to prison. This was after BH witnessed DJ Snow illegally send BT to prison without trial on 11th April 2008 in a contested matter.
LH TO ADD MORE DETAILS ESP RE FACT THAT BH WAS forced under duress to
attend court under duress by an illegal arrest warrant dated 29.03.07,
(SUMMONSED) WHEN MOST PEOPLE WOULD NOT BE AT THIS STAGE AND THE
FACT THAT MUSA COMMENT THAT IT WAS PERSONAL BETWEEN DJ SNOW AND
On 17th March, 2008 I attended City of Westminster Magistrates Court for a first hearing, that is normally just a Plea hearing with disclosures that was in this case, made unusually into a case management hearing regarding the 12/1/08 case. DJ Snow was the sitting Judge who kept me in court all day while he read through all the papers concerning the case which the prosecution had only served that day. Both parties requested an adjournment because the CPS wanted to review based on CO/2550/2008 but DJ Snow refused to adjourn and could not even do the simple thing of viewing the DVD that was attached to CO/2550/2008 that was filed at RCJ on 13th March 2008, which shows quite plainly what happened. DJ Snow continued harassing me, by oppressively wanting to go through each statement that had me in a dock all day before he ridiculously set a five day trial with twenty police officers, before the matter subsequently had to be discontinued by the CPS.
Both DJ Wickham and DJ Anthony Evans previously agreed to move Barbara Tucker’s trials out of the City of Westminster but have refused to move mine or anyone else’s now, despite not contesting, thus conceding CO/2460/2008.
It is obvious that Parliament do not want trials moved out of Westminster because it is difficult for other courts to act as oppressively etc. This was evident when:
- BH witnessed Camberwell Mags, express considerable surprise with the unique nature on the unlawful “Community Order” that was illegally imposed by DJ Snow on BT and SJ, where Taira Kauser of the CPS and PC CX 674 Smith lied to Camberwell by saying that they accepted the matter was being appealed when PCCX Smith knew he was sitting on an illegal arrest warrant that was issued out of COWMC on 16th July 2007, relating to the “Community Order” imposed on BT & SJ.
- BH witnessed PC CX 674 Smith illegally execute this fraudulent arrest warrant from COWMC before a “surprised” SWMC on 19th July 2007 during proceedings, where BH and others witnessed BT then being bundled into the back of a police van with police officers in another case BT then won on 31st August 2007.
- At Inner London Crown Court the senior Judge refused to hear an appeal (that BT later won) transferring it without lawful excuse to SCC, commenting that he didn’t want political cases in his court etc.
People’s eyes would be raised/opened if what is going on at COWMC etc was seen/ became commonplace in “courts” throughout the country.
This list (of politically motivated persecution and victimisation) is not exhaustive and does not include everything.
However, there only needs to be a “perception” of bias or prejudice/oppressive conduct, and a reasonable person would accept that the unique “banning order” on its own based on unsubstantiated he said/she said that is not attributed to anyone, which anyone would recognise as unprofessional, that nevertheless, allowed any court security, staff and judges to arbitrarily do anything they liked, without proper scrutiny or access to redress, opened the door to anything/all, creates a perception of sufficient bias and prejudice to move cases out of COWMC.