The link is in Russian about the imprisonment of Norman Scarth who is actually 85. He has a complex history including a court hearing which found that he used a chainsaw to fight off bailiffs when he was 75. [a court judgment which is disputed see comments] However, that does not justify imprisoning him for 6 months for recording a court hearing (see the link and ask google to translate it if your Russian is not up to it).
It has got into the Argyll News
Because he has been held such that people cannot get to him to sign paperwork an application for a writ of Habeas Corpus was made today. This has been adjourned until next week.
The English judicial system is really not good at responding to major abuses of human rights by the judicial system.
It has got into the Argyll News
Because he has been held such that people cannot get to him to sign paperwork an application for a writ of Habeas Corpus was made today. This has been adjourned until next week.
The English judicial system is really not good at responding to major abuses of human rights by the judicial system.
Comments
The case for unlawful confinement of 85 year old war hero, Norman Scarth, was presented today, August 18th, 2011, by Chris Jarvis at the Royal Courts of Justice in London to Justice Wyn Williams. The presentation included a petition which had gathered some 930 names in just a few days, complete with angry comments by an outraged public. Norman Scarth attended by video link from Leeds, was in good mental health, as witnessed by all, and he also presented his case to the judge, in very respectful, knowledgeable, and intelligent terms. Leeds Prison Governor, Paul Baker, failed to respond to the summons or send a representative, as he is said to be on holiday.
Justice Williams denied Mr. Scarth due process of law. He adjourned the case until next week, sending him back to the torture of prison, rather than releasing him on bail as is done for common criminals, and the looters and rioters in the streets of London.
An angry Judge Jonathan Rose of Bradford Crown Court, had him arrested immediately. He was brought back into the court room in handcuffs, sentenced the next day, and dispatched to Leeds Prison for serious offenders, which has the highest suicide rate in the UK. He has been kept in solitary confinement and denied his pain medications. He was being denied access to legal representation until today, when Justice Wyn Williams was forced to make an order that Mr. Scarth be allowed his rights to legal counsel.
Similarly, the Parole and Probations Board’s Mr. Terry McCarthy advised, on behalf of the entire board, along with Dr. Peter Selby of the Independent Monitoring Board at the National level, said that they had no powers to intervene. All are fully aware of the unlawful torture that Mr. Scarth is enduring, and that these conditions violate both UN and EU human rights., such as the denial of pain medications for severe muscle cramping, which is torture, and there are other conditions which add to the case for wilful physical and mental torture.
Mr. Scarth’s supporters are claiming wilful blindness by all concerned in the matter of Mr. Scarth’s confinement.
Justice Williams ordered that Mr. Scarth be allowed to have contact with legal representation, which the prison has been denying him. However, he refused to order that Mr. Scarth be given his prescription medication, thereby forcing him to be kept in physical and mental torture for a further week at least. Justice Williams acknowledged that he had the power to release Mr. Scarth immediately on bail, as he has already served twenty-three days of a six month sentence, but he declined to do so. Chris Jarvis took issue with this, and suggested that six months in the life of a man who is almost 86 years old, is equivalent to that of fifteen to sixteen years for younger man.
Justice Williams has summoned Kenneth Clarke, Secretary of State for Justice, to The Royal Courts of Justice next week, along with the Prison Governor, Paul Baker of Leeds Prison, who was supposed to have been present today, but was not.
There was coverage by Russian TV, and members of the local press. The Russian news agency has taken up this matter after a press release went out from the Russian Embassy in London, in support of Mr. Scarth, WWII Arctic Convoy Veteran, because the Russians are so grateful to Arctic Convoy veterans for their efforts during World War II. This month, in Scotland and other places, these veterans are being honoured and are outraged that Norman Scarth is in prison, rather than being honoured along with them.
Mr. Scarth’s supporters are calling for the public worldwide to sign the public petition to release Mr. Scarth, who is being denied his human rights and pain medications under UN and EU conventions, without any intervention from government, parliament, or any governmental body, all of which were put on notice and provided with full documentation, and all of which knowingly contravene UN and EU human rights. Mr. Scarth raised this matter himself in court.
Mr. Scarth has directly petitioned Her Majesty, the Queen, for release and pardon, but there has been no word yet. Justice Williams, as agent for the Queen, was also served Mr. Scarth’s petition for a pardon during the hearing. The Governor General of Canada, had previously also sent Mr. Scarth’s petition for pardon directly to the Queen.
The public is demanding a Public Inquiry into the matter.
http://www.gopetition.com/petitions/free-wwii-veteran-norman-scarth-from-leeds-prison.html
http://justicefornormanscarth.wordpress.com/
FOLLOW ON TWITTER @freenorman
To: Brian Tennant
Subject: Norman Scarth
Thanks Brian
Dreadful case...no wonder there's riots on the streets in Britain.
Cheers, Bill Rowlings
PS: I've written, and sent, a letter to the local newspaper, the Yorkshire Post.
Here it is:
From: Bill Rowlings, CEO, Civil Liberties Australia
One must heap praise on Judge Jonathan Rose, the man who sentenced the 85-year-old Norman Scarth to six months in prison for recording in a court room at Bradford.
This Rose of Yorkshire has pre-empted future digital device licentiousness by scores of aged war heroes lurking in court corridors to thwart the long-standing judicial rules which keep the law unimpeachable and its deliberations quiet, unheard and quite mysterious.
Scarth is a sailor, like the scurvy Jimmy Cook who hailed from similar parts about 200 years ago. Cook was precisely of the same ilk, just the type to have used an audio recorder if one had been available back then.
If only a judge of Rose’s conviction was in place in the late-1700s to stop Cook. History shows how much damage one sailor can do if he is allowed to use modern technology to probe at the boundaries of ignorance.
Congratulations Judge Rose, you are man before your time.
Bill Rowlings
CEO
Civil Liberties Australia
51 Ardlethan Street
FISHER ACT 2611
Australia
+ 61 2 6288 6137
To: Brian Tennant
Subject: Norman Scarth
Thanks Brian
Dreadful case...no wonder there's riots on the streets in Britain.
Cheers, Bill Rowlings
PS: I've written, and sent, a letter to the local newspaper, the Yorkshire Post.
Here it is:
From: Bill Rowlings, CEO, Civil Liberties Australia
One must heap praise on Judge Jonathan Rose, the man who sentenced the 85-year-old Norman Scarth to six months in prison for recording in a court room at Bradford.
This Rose of Yorkshire has pre-empted future digital device licentiousness by scores of aged war heroes lurking in court corridors to thwart the long-standing judicial rules which keep the law unimpeachable and its deliberations quiet, unheard and quite mysterious.
Scarth is a sailor, like the scurvy Jimmy Cook who hailed from similar parts about 200 years ago. Cook was precisely of the same ilk, just the type to have used an audio recorder if one had been available back then.
If only a judge of Rose’s conviction was in place in the late-1700s to stop Cook. History shows how much damage one sailor can do if he is allowed to use modern technology to probe at the boundaries of ignorance.
Congratulations Judge Rose, you are man before your time.
Bill Rowlings
CEO
Civil Liberties Australia
51 Ardlethan Street
FISHER ACT 2611
Australia
+ 61 2 6288 6137
Been a fan of Norm's for a long time...somebody bound to bring that chainsaw thing up sooner or later...regardless of what 'Victor' says over it, the real truth is the truth...
It is not possible to attack a non physical entity with anything. It is not possible to kill a non physical entity. Reagrdless of whether they did or did not claim to be a non phyical entity (most likely accused him of being one, i see how suspected pigyobs behave on TV) everybody has the right to defend themsevles. YOU and your brethren do not have the right to break into peoples home, attack people, murder rape and torture people in their own homes or go around constantly raping people with cameras...In reality it does not mean that I or anybody else is really a schizo if we manage to kill one of you in self defence! I you don't attack people there wwould be no reason to defend ourselves...it's not as if it's us thata re the criminals/ terrorissts in reality....
BRITISH THEMIS AGAINST WWII VETERAN
The London High Court ruled on Thursday that British WWII veteran Norman Scarth, sentenced to six months in prison for audio recording in court, will remain in custody.
The 86-year-old was put behind bars in the city of Leeds after he used a sound recording device during a court hearing, which is against the law in Britain. While admitting the breach of law, Scarth and his supporters also pointed to a disproportionately harsh verdict against the British veteran, who has already sent a plea for mercy to Queen Elizabeth.
A prominent human rights activist, Scarth was imprisoned on July 25, 2011 for making a recording of a Royal Court hearing in Bradford. Scarth, who has hearing problems, explained that he decided to use his dictation device after he discovered the absence of head-phones in the court. He was quickly sentenced to six months in a prison for serious offenders later that day. Since then, he has been denied all visitors and medical aid – something that infuriated his supporters who continue to demand his immediate release. More than 900 people have already signed a petition to this effect, which was posted on the Internet earlier this week.
The Scarth case and the petition were then submitted to an appeals court, which said its “No” to the veteran’s release on Thursday. Right now, Scarth’s supporters are calling for a public probe into the matter.
During the Second World War, Scarth was a crewmember of the Matchless destroyer, which took part in the so-called northern convoys, tasked with delivering military hardware and food to the Soviet ports of Arkhangelsk and Murmansk. In this regard, Scarth certainly deserves to be pardoned, but meddling in Britain’s domestic affairs is not up our alley, of course, our political commentator says.
That the London court refused to release Scarth on bail really raises eyebrows, our commentator adds, pointing to the court’s soft sentences in relation to those taking part in recent riots in London and other British cities. Those public enemies were freed on bail in a move that our commentator says indicates Britain’s backsliding on democracy.
The past seven months have seen a whole array of human rights abuses in Britain, which notably still remains in the grip of the phone-hacking scandal related to the News of the World tabloid. Adding fuel to the public fire was the recently declassified information about tortures used by British special services against suspected terrorists. As for the Scarth case, it once again confirms the fact that something is wrong with British society, which Prime Minister David Cameron said should be “repaired” as soon as possible.
http://english.ruvr.ru/2011/08/19/54896706.html
He said: “We impose fines for some offences rather than send people to prison because it is the best option for minor offences, but they need to understand what other options are available and pay their fines.”
Read More http://www.examiner.co.uk/news/local-west-yorkshire-news/2011/08/17/west-yorkshire-criminals-owe-more-than-15m-in-court-fines-86081-29248656/#ixzz1VXReOKdP
According to the latest Prison Reform Trust Bromley Prison Index published in July 2010 – see people aged 60 and over are now the fastest growing age group in our prisons. Between 1998 and 2008 the number of sentenced prisoners aged over 60 rose by 142 per cent. In 2008 there were 25 men in prison aged over 80. One in 10 of the over 60s in prison belong to minority ethnic groups. Custodial sentences are increasingly the norm for convicted elderly. By June 2009 there were over 2,008 people aged 50 and over serving life sentences. In such a context, Clarke’s review is timely.
Elderly crime wave
This increase can not be explained by demographic changes, nor by a so-called ‘elderly crime wave’. The Trust attributes the increase to harsher sentencing policies following Government directives and legal reform. The result: more people over 50 years of age in prison, and more people over 60 serving longer sentences, longer sentences than they served in Ken Clarke’s day, for similar offences, 18 years ago.
READ MORE http://www8.open.ac.uk/platform/blogs/onboard/plight-elderly-our-prisons
HISTORY IN THE MAKING
AUGUST 25, ROYAL COURTS OF JUSTICE, LONDON, UK
Please distribute, post and publish that the case in the matter of Scarth v HMP Leeds Prison Governor reconvenes for a full trial on Thursday 25 August 2011, Royal Courts of Justice, London, UK, after the hearing on 18th August, 2011, when the Writ of Habeas Corpus was Ordered to be serviced by the Court in full Public view on HMP Leeds, and the Ministry of Justice was to be notified.
We invite as many people as possible to come down and witness a moment in history as we, the people hold the Prison, Judiciary, Crown and Government to account in a peaceful Lawful Rebellion on behalf of our friend Norman Scarth, a WWII hero and Human Rights Veteran and Activist, held UNLAWFULLY in HMP Leeds violating not only his inalienable God given rights as a living man, but many Acts of statute Law as written in Legal terms by the Government.
There is both international and domestic interest in this human rights violation PUBLIC INTEREST case. It is landmark creating, as the public is joining forces against injustice and, despite facing many obstacles, is overcoming them with solidarity and the hope of a better, brighter future for all, in the name of our friend Norman Scarth the living man.
There cannot be much more comment on the progress of the case until then as anything said may jeopardise the outcome, although, what is noteworthy is that this is our Lawful Rebellion and a peaceful means of resolving problems in the face of images on the Television of businesses closing, due to being burnt out while the minority run on the rampage, we are the majority, we are the peace, we are united and will NEVER be divided.
Be there on Thursday 25 August 2011at the Royal Courts of Justice on the Strand in London to help a friend and be part of history in the making, having overcome all the delays and hurdles so far, Norman Scarth will be heard via Video link as per his own wish of not wanting to suffer Prison transport from Leeds to London in no comfort, and little flesh on his buttocks (his own words), and he will be represented by a three man Litigation team as led by Chris Jarvis, where the Prison governor or his deputy will have to give good cause as to why Norman Scarth should not be released, the Ministry of Justice has been notified and they have the power to intervene, in the words of Mr Justice Wyn Williams “You never know who will be here next week”.
PLEASE SIGN PETITION AND READ COMMENTS:
http://www.gopetition.com/petitions/free-wwii-veteran-norman-scarth-from-leeds-prison.html
http://justicefornormanscarth.wordpress.com/2011/08/17/open-letter-to-norman-scarths-mp/
http://justicefornormanscarth.wordpress.com/
FOLLOW ON TWITTER @freenorman
Royal Courts of Justice, The Strand, London, W2CA 2LL PHONE: 0207 947 6000 WATCH WEBSITE FOR COURT LISTINGS APPROX 24 HOURS BEFOREHAND (changed daily)
http://www.justice.gov.uk/guidance/courts-and-tribunals/courts/hearing-lists/list-cause-rcj.htm
We are hearing about this travesty of justice here in australia, judges need to elected an accountable to the community they serve.. its obvious this one in particular is out of control and needs removing from his position.. disgusting, can see why the riots happened...if this sort of rubbish is passing for justice in England..time to rise up people..let em know who they work for..
Why are you holding an 86 year old WWII veteran for fighting corruption and furthering freedom? You should be ASHAMED of yourselves. Let this man go!!! He is clearly not crazed for he is very eloquently articulate in his speaking and clearly passionate about his fight of corruption, this is a WORLD issue. We The People are tired of being lied to, pushed around, & robbed of our God given rights to freedom. God gave us freedom! Who is government to take it away? FREE NORMAN SCARTH!!!
This case just shows what the public have to put up with using the "law" of Great Britain which is in place to keep honest, hard working citizens safe. This proves the law can be moulded into whatever the powers that be want at that time. What a disgusting state of affairs we now have in England. Set this aged pensioner free and give back what has been taken without his consent. Get rid of all the fraudsters and thieves who are involved in running our Country.
It goes without saying that this is not justice or even lawful.
Please also consider the debarring of this judge who clearly is not a person who should grace the name of a judge.
It is not appropriate for a judge to allow his emotions to rule his judgement. The word judgment implies sound mind devoid of personal bias.
Norman Scarth's treatment is an absolute crime against humanity and far from an isolated case of totalitarian corruption by the powerful elite that has an illegal and moral grip on our once peaceful nation. The only difference is that he is made of sterner stuff than most and has put up a challenge against the corruption, as many before and after him has failed.
You must release this man, it is your moral duty.
I never spoke out, I wasn't a Jew... I'm sure you know the rest.
http://wakeuporkney.wordpress.com/2011/08/19/free-norman-scarth/
Today in the Royal Courts of Injustice in London, Judge Wyn Williams protracted
Norman‟s ordeal by adjourning his bid for freedom until next week. Many judges including, John
Walford, John Bullimore and Simon Grenfell hold positions of authority in the local Anglican
church. I know that Jesus Christ would have no part in this injustice. So, in our incestuous
legal and judicial system, why are all the judges who profess to be Christians keeping quiet? What
is more important, Faith or Salary?
thnks though, most ssurprising! always a price to pay though....
http://english.ruvr.ru/tag_54899948/
patrickcullinane:
Dear Viviane Reding & ALL other interested parties,
‘Judge’ Jonathan Rose is operating a Kangaroo Court and has violated Norman Scarth’s guaranteed Fundamental Rights under Common law and EU Community law and unlawfully sent him to jail for six months: –
Halifax Courier – Published Date: 07 September 2007
Pair jailed for recording court hearing
TWO men have been sent to prison for recording court proceedings.
http://www.halifaxcourier.co.uk/news/Pair-jailed-for-recording-court.3185526.jp
guardian.co.uk: By George Monbiot on Monday 1 February 2010
What else can you do? When the entire ¬administration is engaged in a criminal act, when there is no clear separation of powers between the government and the judiciary, when those appointed to hold the government to account are as scary as a litter of kittens, where do you turn? Do you appeal to the attorney general's office to prosecute itself?
http://www.guardian.co.uk/commentisfree/2010/feb/01/blair-arrest-crime-national-memory
Sinister forces at work! I have seen a document from Blair's flatmate and top legal honcho stating it is NOT UNLAWFUL to record court proceedings.
Fact is, judges, Barristers and Court Officers dont
want to lose their "right" to doctor or "lose" court tapes to the advantage of such a corrupt system
Campaign for tape recording in courts gathers steam online
Online journalism expert Paul Bradshaw and Barrister Alistair Kelman are supporting the campaign begun by Heather Brooke
Posted: 28 July 2010 By: Rachel McAthy
http://onlinejournalismblog.com/2010/07/28/end-the-catch-22-of-court-recordings-comment-call/
READ MORE http://attherimmm.blogspot.com/2011/08/arctic-veteran-jailed-for-being-deaf.html
Civil Liberties Australia takes up Norman's case
From: Christopher Fogarty <
Subject: Norman Scarth: Hero; from WW2 to Now
To: "Mary O'Sullivan" <
Date: Monday, 22 August, 2011, 7:06
Tonight, here in Chicago, RT TV (Russia Today TV) aired a 3-
minute report on Norman Scarth in England. Though a heroic
participant in convoying ships on the Murmansk Run in WW2
and the Scapa Flow naval battle that sank the German warship
Scharnhorst at great loss of life including many of his mates,
Norman has been persecuted for the past few decades by his
own Crown gov't.
The oath of officers of Britain's judicial system is to uphold the
monarch, not justice; so very few litigants vs. Crown ever get
justice. After WW2 Norman operated a riding stables. A politically
-connected client developed a complaint against Norman, and
though it was a civil matter, not criminal, the police were wielded
against Norman, and Norman lost in court. Failing to get justice
in Britain, Norman took his case to the European Court for Human
Rights, pro se, and won. That court also ordered member nation
Britain to cease its practice of secret trials; that trials in Britain
thenceforth would have to be public affairs.
The British judiciary frequently violates that law - it still holds
secret courts. Worse; Norman became a marked man; from then on,
he has been framed repeatedly by crooked police and judges. They
evicted him, violently, from his house, in what was actually a civil
matter. A crooked judge sentenced him to prison and later ordered
him to a hospital for the criminally insane whence it was unlikely he
would exit alive. But a few honest psychiatrists refused to inject him
with the psychotropic solutions that would have made him a zombie,
and successfully demanded his release.
Since his release Norman has become a critic of judicial corruption
and has championed other victims of it. Partly deaf (at 85 years of
age) while attending the trial of another victim of injustice, Norman
turned his audio-recording machine on so as to listen to it later
with the volume turned up. Thought Britain infamously spies on
its own people with cameras covering all public places, and with listening
devices also common, at the one event that most needs to be recorded,
trials, the judge imposed another prison sentence on Norman for trying
to record the trial. The judge's insistence on secrecy in his courtrooom,
is especially corrupt due to the routine, ex post facto changes British
courts makes to trial transcripts.
Norman is a brilliant and energetic champion of democracy with whom
I've maintained a correspondence for the past twenty years. Mary and
I have met him in London where we pursued justice for another victim
of blatant Crown corruption against Ex-Limerickman Patrick Cullinane.
Tonight's RT report on Norman was crucial to the success of his efforts
for democracy; in that the British news media were blacking out all
of Norman's exemplary efforts. I believe that this single report, being
so well done, is a major step toward demolishing the pervasive corruption
in Britain's judiciary. Also, due to RT's report, we expect that Norman's
time in prison will be shortened.
Chris and Mary
CHRIS FORGARTY WRITES FOR THE IRISH AMERICAN NEWS
From: Christopher Fogarty <
Subject: Norman Scarth: Hero; from WW2 to Now
To: "Mary O'Sullivan" <
Date: Monday, 22 August, 2011, 7:06
Tonight, here in Chicago, RT TV (Russia Today TV) aired a 3-
minute report on Norman Scarth in England. Though a heroic
participant in convoying ships on the Murmansk Run in WW2
and the Scapa Flow naval battle that sank the German warship
Scharnhorst at great loss of life including many of his mates,
Norman has been persecuted for the past few decades by his
own Crown gov't.
The oath of officers of Britain's judicial system is to uphold the
monarch, not justice; so very few litigants vs. Crown ever get
justice. After WW2 Norman operated a riding stables. A politically
-connected client developed a complaint against Norman, and
though it was a civil matter, not criminal, the police were wielded
against Norman, and Norman lost in court. Failing to get justice
in Britain, Norman took his case to the European Court for Human
Rights, pro se, and won. That court also ordered member nation
Britain to cease its practice of secret trials; that trials in Britain
thenceforth would have to be public affairs.
The British judiciary frequently violates that law - it still holds
secret courts. Worse; Norman became a marked man; from then on,
he has been framed repeatedly by crooked police and judges. They
evicted him, violently, from his house, in what was actually a civil
matter. A crooked judge sentenced him to prison and later ordered
him to a hospital for the criminally insane whence it was unlikely he
would exit alive. But a few honest psychiatrists refused to inject him
with the psychotropic solutions that would have made him a zombie,
and successfully demanded his release.
Since his release Norman has become a critic of judicial corruption
and has championed other victims of it. Partly deaf (at 85 years of
age) while attending the trial of another victim of injustice, Norman
turned his audio-recording machine on so as to listen to it later
with the volume turned up. Thought Britain infamously spies on
its own people with cameras covering all public places, and with listening
devices also common, at the one event that most needs to be recorded,
trials, the judge imposed another prison sentence on Norman for trying
to record the trial. The judge's insistence on secrecy in his courtrooom,
is especially corrupt due to the routine, ex post facto changes British
courts makes to trial transcripts.
Norman is a brilliant and energetic champion of democracy with whom
I've maintained a correspondence for the past twenty years. Mary and
I have met him in London where we pursued justice for another victim
of blatant Crown corruption against Ex-Limerickman Patrick Cullinane.
Tonight's RT report on Norman was crucial to the success of his efforts
for democracy; in that the British news media were blacking out all
of Norman's exemplary efforts. I believe that this single report, being
so well done, is a major step toward demolishing the pervasive corruption
in Britain's judiciary. Also, due to RT's report, we expect that Norman's
time in prison will be shortened.
Chris and Mary
CHRIS FORGARTY WRITES FOR THE IRISH AMERICAN NEWS
12:14 PM
Disgraceful, if it was not for RT i would not have seen this, just shows who our media is in bed with?
and
Many people in the UK are victims of a corrupt judiciary including myself. Norman has my full sympathy for being a victim of this widespread corruption. He was probably recording the hearing for his own personal use, and I don't blame him, because UK judges twist and distort the material evidence, that's why they do not allow recordings. If the judge was doing nothing untoward, then what difference does it make?
UK human rights are non existent
Welcome to fascist Britain, run by psychopaths.
I work for 'Age UK', previously called 'Age Concern'. Now i know why they omitted the word 'concern'. Rest assured i won't let this one lie.
God bless you Norman.
(comment by me: obviously confirmation of yet another quango)
You must be very grateful for parliamentary privilege.
by ALISTAIRKELMAN - http://wp.me/p1lRZj-3xF
The idea
Currently under Section 9 of the Contempt of Court Act 1981 it is illegal to tape record court proceedings. This topic was addressed by Ms Heather Brooke in a feature article in today's Times newspaper where she makes out the case very eloquently.
As a barrister and expert witness I too have encountered similar problems in the UK courts and believe that no is the time for this Government to abolish the ban
Alistair Kelman
www.alikelman.com
We are denied even the barest details of what goes on in supposedly public legal proceedings
Last week I had an encounter with open justice. I was attending the information tribunal hearing of a friend who is trying to investigate allegations that the Liverpool Women’s NHS Foundation Trust had a history of silencing whistleblowing staff by offering them public money to sign “gagging” contracts.
I’ve been to the tribunal before when I was fighting for the release of MPs’ expenses and that’s when I discovered the only record of proceedings of this so-called “open” people’s court (the tribunals are meant to be a less formal, more accessible form of justice) were my scribbled notes. When it came time to write a script for a dramatised TV version of the hearing, my notes and those of other reporters were all we had to go on. I’d asked at the time if I could tape-record the hearing and was told “no”.
This time I decided to press harder. The rhetoric of the English legal system is that justice must be seen to be done. So why are the public forbidden — under threat of jail — from recording a verbatim account of proceedings? Not only that, rules are so opaque and obscure that court reporters struggle to report cases with any degree of accuracy or depth. And that’s when there is a reporter in court at all: there used to be 25 reporters covering national courts for the Press Association; by 2009 there were four.
Anisa Dhanji, the judge, said she was concerned with the hearing being recorded. “Usually such requests are made in advance so the tribunal can maintain the necessary degree of control over the transcript.”
The next day in court the judge announced she’d made her ruling. “Please turn your tape recorder off,” she said, looking sternly at me over her glasses. I did so.
“I have made my ruling. As you will no doubt be aware it is a contempt of court under Section 9 to make any kind of recording for any purpose including with a view to publication or transcription. It is for the court alone to decide if a recording takes place and the court must have control of the recording. To do otherwise is fraught with difficulty. Firstly there is a risk of manipulation. Secondly it puts at a disadvantage other parties. Any recording you have made thus far must be deleted and cannot be used in any way including transcription.”
At least that’s the gist of what she said because here’s the final irony: when I asked if I could have a copy of her ruling she said there was no written record of it. To close a court, effectively, from public scrutiny in a ruling of which there is no record strikes me as something straight out of Kafka.
The simple answer is to allow tape recorders for all: no party is disadvantaged and an “official” recording is there for checking. This is how it works in other countries. But that is to ignore the root objection of the courts: that they are losing control of how court proceedings are presented to the public.
The courts’ refusal to allow people to tape-record benefits a few private transcription companies whom the court approves in cosy deals. These people have exclusive rights to tape- record or listen to official recordings and then transcribe them. The cost to the individual of hiring them is about£150-£250 per hour of typing.
Many trials in the upper courts are now officially recorded, yet these records are not accessible to the public. All High Court hearings have been digitally recorded since February 2010. When I spoke to the court’s governance officer he told me there were no plans to make these accessible directly to the public. Why not?
I could go on. You might like to know whether the builder you’re going to give your keys to has any convictions for theft or if the company you’re about to do business with has a record for fraud. Tough. This information is not a click of a button away. Instead you’ll have to know the details of the case before you can call up any records — even though it’s the existence of cases that you’re trying to find in the first place. It’s Catch-22. If you do know some of the details you then have to battle petty officials across a number of court offices all for the simple purpose of accessing information that is supposedly public.
We have a justice system paid for by the common people but whose proceedings are available only to the rich, powerful or privileged. Let’s not pretend that this is justice for all.
Heather Brooke is the author of The Silent State (Heinemann)
Why is it important?
We have a justice system paid for by the common people but whose proceedings are available only to the rich, powerful or privileged. Let’s not pretend that this is justice for all. A simple change in the law so that a judge has to order "no recordings' and state why he is making this decision will ensure that justice can be seen to be done in the courts.
http://www.govyou.co.uk/abolish-the-ban-on-recording-court-proceedings/
Britain's cosy, corrupt power elite has been fostered by a black-market trade in data
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Heather Brooke
guardian.co.uk, Thursday 14 July 2011 17.41 BST
Article history
Nick Clegg delivering a speech on the phone-hacking inquiry and media ethics at the Institute for Government, London on 14 July. Photograph: Oli Scarff/PA
Nick Clegg was right to acknowledge on Wednesday that phone hacking is the symptom of a wider problem: the cosy, corrupt relationship between the power elites. He didn't, however, identify the root cause of this corruption – the secretive system of information patronage.
I was amazed, having been a reporter in the US, to discover that all the public records we used routinely to conduct basic verification and investigation were off limits in the UK. Records such as criminal convictions, arrest logs, full court documents and land ownership documents were either illegal or very difficult and expensive to obtain. Even the detailed financial accounts of public bodies were unavailable.
When I tried to investigate parliamentary expenses, all the records I'd normally access in the US were secret. A five-year legal battle to access official information was ultimately ineffective, as parliament tried to retrospectively change the law so the Freedom of Information Act didn't apply. At that point, someone on the inside sold the full database to the Daily Telegraph.
When journalism is treated as just another widget in a commercial enterprise, the focus isn't on truth, verification or public good, but productivity and output. Spending years on a story, whether to investigate MPs' expenses or phone hacking, doesn't make business sense. If we are serious about wanting this type of journalism, we have to make it easier and more cost-effective to access information legitimately.
Instead, journalism in Britain is a patronage system – just like politics. It is rare to get good, timely information through merit (eg by trawling through public records); instead it's about knowing the right people, exchanging favours. In America reporters are not allowed to accept any hospitality. In Britain, taking people out to lunch is de rigueur. It's where information is traded. But in this setting, information comes at a price.
This is why there is collusion between the elites of the police, politicians and the press. It is a cartel of information. The press only get information by playing the game. There is a reason none of the main political reporters investigated MPs' expenses – because to do so would have meant falling out with those who control access to important civic information. The press – like the public – have little statutory right to information with no strings attached. Inside parliament the lobby system is an exercise in client journalism that serves primarily the interests of the powerful.
Freedom of information laws bust open the cartel. They give everyone an equal right to access information. You don't have to take anyone out to lunch. You don't have to pay anyone or suppress a damaging story to maintain a flow of information. You simply ask, with the full power of the law behind you. The way to stop this black-market trade in official information isn't to further criminalise valuable civic data, but to legitimise those records necessary for good reporting. By doing so we remove the patronage power of the elite and open the door to a new form of civic journalism.
http://www.guardian.co.uk/commentisfree/2011/jul/14/corrupt-power-cartel-civic-journalism
RUSSIA TODAY VIDEO - NORMAN SCARTH
What happened to justice in this sad country when they can jail someone like this for a minor infraction of the law, but allow hardened criminals to go free because we don't have room in the jails for them??
Also as someone with hearing difficulties, isn't it against the Disability Discrimination Act to not automatically allow someone to use any aid suitable for his hearing loss to be able to follow the details of the case?
Justice Williams insists on continuing to deny Norman his prescription medication for severe muscle cramping which amounts to torture and a serious human rights violation.
The judicary in this case is on the verge of causing an international incident as Russia has already picked up the ball and published a news article on prime time Russian TV and in the Voice of Russia. The media release was sent to the press from the Russian Embassy.
Nick Clegg, talking about UK Human Rights in the newspaper, was also advised. No response from him yet.
Here is a comment from one of the petition signatories.
I don't know whether this man is right on not, I do know that no judge should have the right to deny medication to an 80+ year old. How dare he!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Upon hearing (on foriegn media I might add) of Norman Scarth and what has been done to him by our country and its systems I felt ashamed to be Bristish. I continue to be ashamed. Ignorance is the biggest threat to all man kind, people like Norman should be celebrated and acknowledged for the work they do. Please can we have a public revue / investigation into the whole situation around Norman and please make this man (a war veteran!) free.
AND
It's disgusting that a man of his age should be in prison. Also I'm uneasy about the lack of interest from newspapers. Something underhanded and fishy about all this. Too much secrecy about it.
(as you know, a press release was sent out by the court reporter to BBC, Star & British Forces Network - all very damning and avoiding the issue that JUSTICE WYN WILLIAMS is denying Norman bail and deliberately prolonging his torture by denying him medication for the pain of muscle cramping. The court reporter is following Norman's case on Twitter and obviously does not have Norman's best interests at heart.
http://rt.com/news/british-recording-court-veteran-645/
Until now, the prison service, police forces and immigration units have not been subject to the new Corporate Manslaughter and Homicide Act, and there have been no successful prosecutions of police or prison officers, individually or at a senior management level, for institutional failures that have contributed to a death in custody.
But from 1 September a clause in the Corporate Homicide Act 2007 will come into place extending the law to cover all deaths in police custody suites, prison cells, mental health detention facilities, young offenders institutions and immigration suites. It will also cover Ministry of Defence institutions.
Prosecutions will take place if it can be proved that the way the facilities are managed or organised caused a death and amounted to a breach of the duty of care. The penalty for organisations convicted is a fine with no maximum limit. Crown Prosecution Service guidance says that the fines are likely to be in the many millions of pounds.
FULL STORY HERE: http://www.guardian.co.uk/uk/2011/aug/28/corporate-homicide-law-prison-police
A RECORD number of judges and magistrates were either fired for wrongdoing or resigned while under investigation last year.
A total of 29 members of the judiciary were sacked, including one coroner and six tribunal panel members.
Offences ranged from “inappropriate behaviour or comments” to professional misconduct or getting into trouble with the law themselves. Another 25 resigned while under investigation, including two judges, and 18 magistrates.
full story here:http://www.express.co.uk/posts/view/267626
Surprise, surprise: the main thrust is on criticising the Judiciary!
Sabine
Publisher, Victims Unite!
Source: www.guardian.co.uk
Ministers lose manslaughter vote – BBC News
Posted May 23rd, 2007 in corporate manslaughter, news, prisons by traceydennis
“The government has been defeated in the Lords over plans to exclude prisons from its Corporate Manslaughter Bill.”
Full story
BBC news, 23rd May 2007
http://www.innertemplelibrary.com/category/corporate-manslaughter/
As if they're ever likely to do that to themselves...'best case scenarios'....fine? even so, paid to themselves? like when the Royal mail gotfined £16M, then prompty got £25M back couple months later? it's govt, to and from THEMSELVES and it was never theis in the first lace as they stole it from the slaves via what they euphamistically term 'taxation'....
Most likely they promote themselves for it!
may i ask what your cut is John?
Long live the fifth column!
By Stanley Collymore
Amidst the totally disproportionate sentences being handed out by magistrates and judges to those either deliberately or who otherwise found themselves unintentionally caught up in the August 2011 disturbances across England we have a new phenomenon judges on a whim giving sentences to those the detest merely for having the audacity and temerity to courageously and publicly say what many Britons particularly those on the receiving end of their actions already know and feel that the British police, judiciary system, its judges and several of our magistrates are essentially elitist, corrupt, rightwing agents of the state that are cavalierly in cahoots with each other as they gratuitously suck up to their equally venal and despicably corrupt political bosses to dispense at a whim anything but natural justice to those they’re completely out of touch with and condescendingly look down on, and their notion of justice when it’s handed out, whether it’s merited or not, goes almost exclusively to those they socially, financially and educationally identify with.
A classic example of criminal, judicial vengeance is the case of Norman Scarth who was given a six months jail sentence by a judge for recording the proceeding at a court case he had attended but wasn’t involved in. In any other society that deems itself to be civilized this would quite literally be laughed out of court but in Britain this is no laughing matter, since it’s unlawful to in anyway record proceedings in a court of law, something which is quite commonplace in other democratic countries. So while we’re currently bombing the living daylights out of Afghanistan, did the same in Iraq killing over a million people, are energetically involved in doing the same in Libya and fomenting regime change in Syria and Iran and all of this supposedly in the name of freedom of expression and democracy while hawking ourselves into considerable debt as our dishonest political leaders bail out corrupt banks whose grasping bosses continue to award themselves massive bonuses and go on to add gross insult to the injury already caused to Britain by collectively spending billions of Pounds Sterling we just can’t afford in our smash and grab wars on other states that pose no threat to us but whose natural resources these acquisitively leaders and their ilk feel they have an automatic right to, want to get their hands on and will do anything to bring this about, there’s equally a conscious agenda afoot to deliberately neglect essential public services the UK and on the pretext that they’re too costly to run privatise them in a concerted bid to make even more money for the corporate privateers and tax evaders that determine the polices of our political leaders.
My Lords,
1. Every court has an inherent power and duty to prevent abuse of its process. This is a fundamental principle of the rule of law. By recourse to this principle courts ensure that executive agents of the state do not misuse the coercive, law enforcement functions of the courts and thereby oppress citizens of the state. Entrapment, with which these two appeals are concerned, is an instance where such misuse may occur. It is simply not acceptable that the state through its agents should lure its citizens into committing acts forbidden by the law and then seek to prosecute them for doing so. That would be entrapment. That would be a misuse of state power, and an abuse of the process of the courts. The unattractive consequences, frightening and sinister in extreme cases, which state conduct of this nature could have are obvious. The role of the courts is to stand between the state and its citizens and make sure this does not happen.
My Lords,
1. Every court has an inherent power and duty to prevent abuse of its process. This is a fundamental principle of the rule of law. By recourse to this principle courts ensure that executive agents of the state do not misuse the coercive, law enforcement functions of the courts and thereby oppress citizens of the state. Entrapment, with which these two appeals are concerned, is an instance where such misuse may occur. It is simply not acceptable that the state through its agents should lure its citizens into committing acts forbidden by the law and then seek to prosecute them for doing so. That would be entrapment. That would be a misuse of state power, and an abuse of the process of the courts. The unattractive consequences, frightening and sinister in extreme cases, which state conduct of this nature could have are obvious. The role of the courts is to stand between the state and its citizens and make sure this does not happen.
http://judicialcomplaints.judiciary.gov.uk/docs/Review_of_Rules_and_Regulations_Governing_Judicial_Complaints.pdf
They are taking emails from the public who wish to comment on the judicial complaints procedure.
In our inner city areas there’s a 34% unemployment rate among young people and to foist their foul, fascist agendas on to the country as whole sections of our communities that are wilfully marginalized, socially excluded and of whom no one in power gives a damn then wickedly find themselves additionally faced with the overtly elitist, fear-induced factor of divide and rule that is cynically used against them to brand and demonize those that are forced onto the margins of society or who speak up for them, even if they’re not from this social stratum themselves, and bravely challenge this iniquitous and fascist system which masquerades as democracy. In reality, it’s nothing other than an even more reprehensible reproduction of Animal Farm with the judiciary and judges enthusiastically taking on the function of and acting as the ferocious, brutal dogs to David Cameron and Nick Clegg’s hierarchal pigs with the similar maxim that some animals are more equal than others.
But more telling is the sewer depths to which these so-called but risible pillars of society have sunk to. Judge for yourself; no pun intended. Hard hearing and 85 years old Norman Scarth as I stated earlier got landed with a six month prison sentence for recording what was taking place in an English court, this in a country that routinely spies on its subjects, for that’s how the British establishment regards us as not citizens, and therefore has more CCTV cameras installed countrywide to observe our every movement than the rest of the world put together. Every Briton is photographed and monitored a minimum of five times daily and in our city centres, shopping malls and marginalized communities that figure is even higher. But if this were China, Russia, Venezuela, Iran, Zimbabwe or any other state drawn randomly that the British government doesn’t like these hypocrites would be up on their high horse pontificating about all sorts of the violations of the citizens of these states human rights, the identical human rights that David Cameron and his ilk have no genuine regard or see any real purpose for in Britain but nevertheless don’t mind liberally using as a handy stick to beat others with that for totally perverse, racist or imperialist motives they either don’t like or even despise.
Read more: http://www.digitaljournal.com/blog/12729#ixzz1XNBdROYg
Norman Scarth says he’s hard of hearing and that’s the explanation he gave for recording this particular court hearing. It’s neither an illogical nor a far-fetched explanation bearing in mind that he’s an 85 year old gentleman and there are countless Briton much younger than he is who have hearing problems. The judge in question, who clearly has his hearing problems but of a different kind refused to accept Mr Scarth’s explanation and summarily and what can only be considered as a rather idiotic whim of his sentenced this gentleman to six months, jail time far exceeding that which many of the judge’s sect get for far more serious and dare I say offensive crimes, like porno judge David Selwood who was given a one year community sentence he then bold as brass said he couldn’t do as he wasn’t well enough to do it; no problem though in hanging on to his £33,000 a year pension, and even more reprehensible was the collusion that occurred between the CPS, prosecution, police and Selwood’s defence team that jointly concurred he didn’t need a jail sentence as it was too harsh, his crime was for his own pleasure (which is like saying Dracula’s blood bank was for his own personal utilization) and therefore fell into the category of minor. Or the case of Deputy High Court Judge, James Allen, who was served with nothing more than a 12 month supervision order after he beat up his wife in an argument about an uncooked dinner in a country which purports with self-righteous horror to consider such conduct as totally beyond the pale. The judge, Daphne Wickham that handed down this sentence had no reservations though when she jailed the Rupert Murdoch pie thrower, a decision which though marginally reduced was none the less upheld by the appeal court.
Drawing a contrast between the two cases mentioned above and that of Norman Scarth, just the tip of this disturbingly sinister, judiciary iceberg that I could have recounted, it is clear to anyone with a functioning brain cell in his or her head that the judge in Norman Scarth’s unfortunate case has at best evidently either gone over the top or else has lost his marbles completely, assuming of course there were any there to start with. And if this is a measure of the objectivity or justice we can expect from our judges in the future then as a country we Britons are in a much more parlous state than even the most prescient-minded of us suspected; for what we’ve witnessed is just plain barmy!
Read more: http://www.digitaljournal.com/blog/12729#ixzz1XNCO7aHb
It’s been widely reported on the alternative media that Norman Scarth is being denied his necessary medication and is forced to live in conditions that are inhumane to say the very least, all this just because those who absurdly feel they were born to rule can’t in the 21st century see and acknowledge that the rest of us don’t accept the warped notion they have of their own inherent superiority, whether this is based on social or racial lines, and that those who unwarrantedly consider themselves to be great only appear to be so as long as the rest of us stay on our knees. And I take my hat off to Norman Scarth and all the other folk like him across our country. So how about those of us who genuinely believe in what justice and fair play is all about starting a national campaign to have this judge minus his pension swiftly kicked out of the judiciary thus prohibiting him and others like him from ever again adversely affecting the lives of decent members of our assorted communities and particularly those like Norman Scarth that he evidently considers inferior to himself.
We don’t have to be told that our Con-Dem government, it leaders and the overwhelming majority of our lawmakers are rotten to the core or that preceding ones also were, but one gets the government they deserve. That said we still have the ability to change them at the ballot box and replace them if we so wish with others of our choice; that’s as it should be even if they turn out to be worse than the previous lot. This is most certainly not the case with our judiciary who as I said before are entirely unaccountable and unrepresentative in every conceptual sense of those words, and I honestly believe that it’s high time we do a complete root and branch change of the nepotistic and corrupt system that produces them and fashion one that is more in keeping with the 21st Century and the needs of a modern not a colonial, class-ridden and archaic Britain; since I also steadfastly think that much of so-called British superiority and Britain’s civilizing mission to the world that these crazed judicial Neanderthals are steeped in rest upon nothing more than delusions of grandeur.
Free Norman Scarth!