PPRuNe Forums

PPRuNe Forums (https://www.pprune.org/)
-   Private Flying (https://www.pprune.org/private-flying-63/)
-   -   Maurice Kirk is in Africa (https://www.pprune.org/private-flying/587307-maurice-kirk-africa.html)

PDR1 29th Jan 2018 16:09

His websites seam to have disappeared as well

PDR

clareprop 29th Jan 2018 17:25


I don't see how the arguments that Maurice had with various authorities are relevant to his flying activities other than the diagnosis that Maurice so strongly disagreed with doesn't seem compatible with holding a valid medical certificate?
I think that when a forensic consultant and director of mental health services diagnoses a serious psychiatric illness caused by brain damage, most reasonable people would consider him to have made an accurate finding - especially when the patient continues to behave as per the diagnosis.

RatherBeFlying 29th Jan 2018 17:35

Onset of Dementia?
 
Generally such folk are shuffled off to a care facility, but MK may prefer several months as HM's guest to the rest of his life in a care facility;)

Above The Clouds 29th Jan 2018 17:52


Originally Posted by NRU74 (Post 10035188)
Here's a copy of the Order [It's lost its formatting]but there appears to be a mistake re the sentencing date. He was actually sentenced on 14/12/17 ct7 Cardiff Cr Ct


In the Crown Court At CARDIFF Case No: T20170239 Court Code: 411 _______ Certificate of conviction (trial) This is to certify that: Maurice John Kirk Date of Birth: 12/03/1945 Was between the 12th September 2017 & 15th September 2017 Tried and Convicted upon indictment of: ACTING IN BREACH OF A RESTRAINING ORDER, contrary to section 5(5) of the Protection from Harassment Act 1997. On the 15th September 2017 He was sentenced to: 2 years imprisonment To Pay a Victim Surcharge of £140.00 to be paid on release Restraining Order (Protection from Harassment Act 1997 S5) Until Further Order The defendant, MAURICE JOHN KIRK, must not: 1) Contact, approach or communicate with Dr Tegwyn Mel Williams directly or indirectly, by any means whatsoever; 2) Display or disseminate any material, photographic or otherwise, relating to Dr Tegwyn Mel Williams; 3) Become a party to the display or dissemination of any material, photographic or otherwise, relating to Dr Tegwyn Mel Williams; 4) Place any information on the internet concerning Dr Tegwyn Mel Williams; 5) Become a party to any material being placed on the internet relating to Dr Tegwyn Mel Williams 6) Display or post or continue to display or post any material relating to Dr Tegwyn Mel Williams on the internet or in social media; 7) Permit the display or continued display of any material relating to Dr Tegwyn Mel Williams on any website or in social media in the name of the defendant or under his control; 8) Attend within the curtilage of the Caswell Clinic or its grounds. This new order replaces the Restraining Order made by Cardiff Magistrates Court on the 12/4/2013 which is now discharged.

NRU74 were did you find this info ? If you google this court case it directs you to some strange websites against the state and not to Cardiff Crown Court cases.

BossEyed 29th Jan 2018 18:15

I wonder if the September sentencing date is correct but the 2 years imprisonment was suspended?

If that is correct then if he breached the restraining order again, he may have been recalled to court in December and the suspension removed - leading to immediate imprisonment.

Speculation, I know, which is rightly frowned upon. But it would fit the information we have.

NRU74 29th Jan 2018 18:15


Originally Posted by Above The Clouds (Post 10035419)
NRU74 were did you find this info ? If you google this court case it directs you to some strange websites against the state and not to Cardiff Crown Court cases.

I got it from Cardiff Crown Court


Originally Posted by BossEyed (Post 10035445)
I wonder if the September sentencing date is correct but the 2 years imprisonment was suspended?

If that is correct then if he breached the restraining order again, he may have been recalled to court in December and the suspension removed - leading to immediate imprisonment.

Speculation, I know, which is rightly frowned upon. But it would fit the information we have.

No, the December date is correct and it was an immediate custodial sentence, not suspended.

Above The Clouds 29th Jan 2018 18:18


Originally Posted by NRU74 (Post 10035446)
I got it from Cardiff Crown Court

Thank you, I thought thats were it came from but you need to register to see previous case results.

BossEyed 29th Jan 2018 18:21


Originally Posted by NRU74 (Post 10035448)
No, the December date is correct and it was an immediate custodial sentence, not suspended.

That's what I don't understand, because the Cardiff CC quote you posted says that sentencing was on 15th September, not 14 December:


On the 15th September 2017 He was sentenced to: 2 years imprisonment To Pay a Victim Surcharge of £140.00 to be paid on release Restraining Order...

GBEBZ 29th Jan 2018 18:26

Im not sure this thread should even exist on pprune, but for the record here are todays ramblings

https://butlincat.com/2018/01/29/mau...-2018-archive/

and the 27th ramblings:
https://butlincat.com/2018/01/24/mau...-2018-archive/

runway30 29th Jan 2018 18:44


Originally Posted by clareprop (Post 10035385)
I think that when a forensic consultant and director of mental health services diagnoses a serious psychiatric illness caused by brain damage, most reasonable people would consider him to have made an accurate finding - especially when the patient continues to behave as per the diagnosis.

The point I was making

1) The name of the thread is 'Maurice Kirk is in Africa' so it was right to explain that Maurice is not in Africa
2) To discuss or provide links to the material that caused the breach of the restraining order is not doing Maurice any favours
3) I suggested that a valid discussion topic is how the psychiatric diagnosis is compatible with holding a valid medical certificate

I would also now add that we should be concerned about Maurice's welfare and his lack of legal representation because whatever his grievances, valid or not, he is not doing himself any favours at the moment.

Onmybike 29th Jan 2018 20:15

But the hard reality is a soon to be 73 year old man is in prison for essentially saying the truth (- at a police station and then put on the internet what he said).

robin 29th Jan 2018 21:11

Onmybike

All that needs to be known is whether or not there was a restraining order to prevent him harassing the trick cyclist. There has been more than one.

Did he breach the order - yes he did and multiple times

Was he found guilty at a jury trial - yes he was and multiple times

Was he cleared on appeal - no and multiple times

Therefore he is guilty and continuing even in prison to breach the order.

If he wants to pick up the Cub and continue his flying career all he has to do is to keep his nose clean and he'll be out by Christmas.

Will he do that - No!

Should we feel he is badly treated? No. His choice

Mike Flynn 29th Jan 2018 21:26

I feel this topic should stay where it is.

Pprune was pretty decent to help me reveal the facts about TCT and this case is similar in that it involves flying and the truth.

Kirk might be eccentric but there is no law against that.

Given another set of circumstances Colin Hales could be equally described as eccentric for wanting to beat the system

There are echos of One Flew Over the Cuckoos nest in this story.

Had I been sectioned and locked up in a mental instituation I think I would be making waves.

Clearly there are many questions about why the South Wales Police has devoted so much time to Kirk.

The deactivated machine gun was on the aircraft before he bought it but the vendor was never prosecuted.

This story has a lot more time to run.

And I am on the case. Kirk has served more time for bucking the establishment than serious criminals.

Onmybike 29th Jan 2018 21:41

I agree he is what we politely call unwise and eccentric. The matter is not as simple as Robin says.

robin 29th Jan 2018 21:50

It is that simple, Onmybike

He has apparently harrassed the doctor for 9 years and admits it. The doctor obtained a restraining order. MK has ignored it 4 times and served time.

Everything else is irrelevant regardless of what MK and his friends think.

The judge last year heard the case, the jury convicted and he was sentenced. I see that MK wanted a rehearing of the original case, but that was never going to happen. It was a simple case of 'did you breach a lawfully issued restraining order?' He did and he is in chokey.

Onmybike 29th Jan 2018 22:01

I agree with part of your argument because that is what I say to Maurice.

ahwalk01 30th Jan 2018 07:38

I'm not guilty of breaching a restraining order because I'm trying to prevent crime???

come on, that's desperate, and dangerous.

Sygyzy 30th Jan 2018 08:14

Are we not trying to defend the indefensible.

What we have here is an eccentric old fool (cue his flying antics over some years, not simply around Africa) who thinks he's bigger than the justice system.

It's been kind to him by issuing a restraining order - but he knows better than to abide by that. People aren't 'sectioned' lightly by the authorities. I would think they've tried most other avenues.

Clearly he's a friend of many on here but surely it's time to get real, He's 73 - he doesn't seem to have learned much in all that time. For his own good I think he's in the best place - HMP.


S

clareprop 30th Jan 2018 08:51

This situation can be very 'overthought'.

Harassment is nasty. Bloke has been told to stop doing it..or else. He doesn't stop so is taken through due process (warnings,court appearances etc) over a period of time. Last appearance, it's once again proven he hasn't stopped so he's banged-up. End-of.

That the original problem is a conspiracy involving the police, the courts and the medical profession is interesting but visit any magistrates or crown court and you'll find plenty of people with the same accusation.

PDR1 30th Jan 2018 08:53

I make no comment on the overall situation because I know too little about it, but from a purely technical legal standpoint this:


Originally Posted by ahwalk01 (Post 10036006)
I'm not guilty of breaching a restraining order because I'm trying to prevent crime???

come on, that's desperate, and dangerous.

...is a valid defence. You can claim grounds for breaking a law or disobeying a judgement where you can show that in doing so you are intending to prevent a greater crime or public danger.

Whether it is true or not I just don't know, but as a defence strategy it is perfectly valid.

PDR


All times are GMT. The time now is 06:26.


Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.