I DID ALL THAT I COULD
Now that we
were on our own, the most important matter on my mind, was to try to get
accurate transcripts of the evidence, that had been given, by the Special
Constable, and the Sergeant, to enable us to proceed with the litigation,
against the Chief Constable of Humberside, in a lawful manner. Although
our former Solicitor had, apparently, had no qualms, about proceeding;
using the transcripts, provided by Mrs. West, as evidence, if the action
went to trial, I certainly had. I had no intention of stepping into the
witness box, to agree that the evidence, as portrayed, in the transcripts,
is accurate, and thereby, letting both Mrs. West, and Judge Simpson, off
the hook.
I believe,
that in the circumstances, I did all that I could to try to secure accurate
transcripts of evidence, knowing full well, that it would be a very difficult
task. Mrs. West had got herself involved in a conspiracy to falsify evidence,
so it was most unlikely, that she would not willingly provide me with accurate
transcripts. She didn't enter into the conspiracy with any intention of
digging her own grave, by letting the cat out of the bag. I was also aware,
that in all probability, the pages that had contained the original, accurate
parts of the evidence, that had been given, would long since have been
removed from her shorthand book, with pages containing false evidence inserted:
that would have been the way to do it, and as things were to turn out,
that is exactly how she did do it, but unfortunately for her she made a
complete mess of it, because she, like Judge Simpson before her, when he
had failed to remove the note of his invitation to the Jurors': to examine
my custody record: like him: as will be seen, she was very careless about
how she did it.
I could leave
no stone unturned. If I couldn't obtain accurate transcripts, there was
still the possibility that I could get evidence to support my allegation.
I had to try, because now that some time had elapsed since my trial, there
was the slim possibility that in the interim, Mrs. West may have had a
change of heart: may have had time to ponder the gravity of what she had
been induced to do. She may have realized, that she had been ill used,
by being drawn into the conspiracy, by Judge Simpson, and may now resent
that true fact: may be ready to make a clean breast of things, and to expose
the Judge, by placing the blame, where it properly belongs. It was a long
shot, but I had nothing to lose.
On August
25 1993: immediately after receiving the letter, from our Solicitor: advising
me that the way ahead, was simply to issue proceedings against the Chief
Constable. I wrote to Mrs. West's former employer, pointing out that the
transcript of the two witnesses' evidence, was inaccurate, and I requested
him to forward an accurate transcript of the evidence, to either our Solicitor,
or to myself. On August 31, 1993, he sent me his reply, which advised that
the shorthand writer engaged, on that particular day, was Mrs. S. M. West,
who was in possession of the original shorthand notes, and that she was
currently engaged by another firm. He suggested; in that letter, that I
contact her, at her home address, which he provided. I subsequently wrote
a letter to her, in rather strong terms: about the false transcripts that
she had provided, for our Solicitor.
The evidence
had been falsified, for just the eventuality that transpired: in case the
transcripts of evidence were requested, in the event that we decided to
sue the Police. Mrs. West was therefore, obliged to transcribe, and provide
the false evidence, in line with Judge Simpson's devious plan. I do not
suppose, for one second, that she was very happy, about doing so. She would
undoubtedly have hoped that we would not sue: that she would not have to
provide any transcripts, but what else could she do: the die had been cast?
Three days
after receiving the letter from Mrs. West's former employer, I wrote to
him again, informing him that I had applied to the Court, for an order,
allowing for the legitimate use of transcripts, of my trial, at the
proposed trial of the action against the Police. I stressed that it was
important to be certain that the evidence, given by the Police Sergeant,
and the Special Constable, was accurate, before it was used as evidence,
and I asked him if he had every confidence that she had faithfully recorded,
and transcribed, the evidence of the witnesses, and had he every confidence
in her integrity.
The reply
came in a letter, dated September 12, but the content was not quite what
I had expected: instead of informing me that he had every confidence in
her integrity, he only went so far as to say that she is a very experience
shorthand writer, and his letter went on to inform me, that each accredited
Court reporter is entirely responsible for the accuracy of their own notes:
a very odd response to my two specific questions. The letter made me feel
rather more hopeful, because, although he had declined to say that he knew,
that the transcripts were partially false, he had also: surprisingly, declined
my invitation to say that he had every confidence in her integrity. I thought:
as her former employer, he would have been only too pleased to support
her; unless he had good reason not to do so. He wouldn't want any stigma
attached to the good name of his firm, and that could have been reason
enough, for him to not openly inform me that he has knowledge that
the transcripts are false, and of course, if he does have such knowledge,
he wouldn't want to be implicated, by saying that he had every confidence
that they are accurate, and that he has confidence in her integrity: a
catch 22 situation. Whatever his reason, he did avoid the opportunity to
support her, but was his avoidance of the issues deliberate? I decided
to find out: to write him another letter, because I was beginning to suspect
that he did have knowledge of the matter.
Two days later:
September 14, I again wrote to him; the letter informing him that in his
reply to me, dated September 12: to my letter to him, dated September 3,
he had avoided answering my two specific questions relating to the transcripts,
and Mrs. West's integrity. The letter also informed him that until such
time as he answered the questions, I must take the adverse inference, and
the letter went on to inform him that I reserved the right to use all,
or any, correspondence between us, at any future proceedings that are relevant
to the transcripts. There hasn't been any acknowledgement to that letter
thus far, from Mrs. West's former employer, and I am not surprised. I took,
and take, the view that he wished me to take the adverse inference, in
preference to him directly exposing Mrs. West, and to directly involving
himself, for having remained silent: for not reporting the matter as soon
as he knew of it: the proverbial ostrich act. It is probable that Mrs.
West will have informed him of what had happened: perhaps even seeking
his advice, or blessing. My suspicions were well, and truly aroused, but
it would do no harm to write to him once more, to give him a third opportunity
to support his former employee, and a third opportunity to tell me that
he has no knowledge of the false evidence, in order that there could be
absolutely no doubt that his avoidance of the issues was deliberate, in
which case, the inference that I assumed that he wished me to take, would
be near certainty. There were also thoughts of other questions buzzing
around in my head; under what circumstances did Mrs. West leave is employ?
Could she possibly have left it because it was thought prudent, for her
to no longer be associated with his firm: if so why?
On January
11, I wrote a third letter to her former employer, which informed him that
I was on Court record as acting in person, in the proceedings against the
Police, and that on January 3, a District Judge, sitting in York, had ordered
that transcripts of evidence, of the Police witnesses at my trial, on December
11 1991: prepared by Mrs. West, be receivable at the trial of our action
against the Chief Constable of Humberside: to be heard in York. He was
also informed, in the letter, of what he must already have known: that
to use transcripts as evidence, that are inaccurate, would be dangerous,
and could lead to an injustice being done, and for that reason; although
he had twice gone so far as to decline my invitations, in writing, to say
that he had faith in Mrs. West's integrity, not to withhold any information
that he might have, that casts doubt on the transcripts being accurate,
and also, that if he ignored that third letter, it would be tantamount
to confirming what I already knew to be the truth: the transcripts do contain
false evidence. I concede that he may have been in something of a predicament,
in not wanting to expose Mrs. West, but at the same time, not being able
to exonerate her, for fear of possible consequences to himself, but regardless;
if he has knowledge of what went on, he knew, and knows, where his civic
duty lies, and if he did, and does have such knowledge, he should properly
have made the appropriate authority aware of it.
On December
14: the day that I wrote the second letter to her former employer, I
wrote a latter to Mrs. West, requesting certification of the transcripts
that she hd provided, and five days later, I despatched a further letter
to her, to inform her of the date of the hearing of my application, for
an order, for the legitimate use of transcripts; telling her that if a
certificate was not forthcoming, the alternative would be to serve a witness
summons upon her, which would require her to certify them under oath, at
the trial of the action against the Police; listed to be heard in York.
The response from her was a brief note. stating that I should address
my request to her former employer: she was playing hard to get. She knew
that what her former employer had already advised, was perfectly true:
each accredited Court reporter is responsible for the accuracy of their
own notes. She knew that her former employer was unable to to certify her
transcripts, and that for him to have done so, would have been unlawful,
and yet, here she was, desperately trying not to certify her transcripts,
that she knew to be false. I understand her reason for declining to certify
them, but I do not understand her motive in directing me to her former
employer, for certification. I can only think that it was a delaying tactic,
but why? I have no idea. As will be seen, she continued to ignore the rules
governing certification: she ignores them to this day. She simply will
not certify the transcripts that she knows are false, but what is even
more strange: no, more significant, is the indisputable fact that her purported
legal advisors are content for her not to certify them in line with the
rules of the Supreme Court, and it would be very strange indeed, if they
failed to advise her to abide by the rules, unless, and this I believe,
must be so: unless they also, are fully aware that the evidence has been
falsified. There can be no doubt at all that Mrs. West has been asked,
by those who purport to represent her, to answer my allegations, and the
very fact that those advisors have deliberately failed to provide, her
answers to the allegations, in her purported defence document, again contrary
to the rules of the Supreme Court, makes it very clear to me, and I would
think to everyone else that is familiar with the case, that she has told
her story: Judge Alan Simpson dictated the false evidence. Mrs. West's
story must not be told: Judge Simpson must be protected, because of the
implications, and Judge Simpson is still sitting in judgement of others'
some of whom are no more corrupt than he. She refuses to certify her false
transcripts, but I suppose even that is preferable to her going the whole
hog, by certifying them for Simpson's further protection.
A letter from
me, dated September 22, informed Mrs. West that her former employer had
quite properly advised me, that the notes of evidence, and the transcripts
prepared by her, were entirely her own responsibility, and in this letter,
I again requested certification of her transcripts, but it was not to be.
On January
5 1995, I put Mrs. West on notice, that in the absence of confirmation
rom her, that her transcripts are either accurate, or inaccurate, it would
be necessary to serve a subpoena upon her , for her to testify at the forthcoming
trial in York. I should have informed her that it would be necessary to
serve a witness summons: it being a County Court matter, however, she will
have got my drift.
Still with
no response from her, and upon my application, a District Judge ordered
that I furnish her with a copy of the transcript of the evidence that she
had prepared within 28 days, and that she be invited, after making corrections,
to certify the transcripts as being true, and accurate, within 14 days.
That order was made on February 21. Six days later I supplied her with
copies of her own transcripts, by recorded delivery post; confirmed as
having been delivered, and signed for, but not unexpectedly, she elected
to ignore the order. I was obliged to make a second application to the
Court, which was heard by the same District Judge, on April 13, when he
believed it appropriate to make a second order, stating that Mrs. West,
having failed to provide myself, or the Defendant in the action, with certification,
as to the truth, and accuracy, of the transcripts of the evidence, either
party be at liberty to issue a witness summons, that she attend the trial,
with all relevant documentation relating to the transcripts.
Mrs. West
knew, as we all do, that she couldn't continue to ignore orders of the
Court, but the manner in which she responded to that second order is extraordinary:
very devious, because she sent the purported certificate, not to myself,
as apparently the District Judge had intended,, but to the Court, which
they received by recorded post on April 25, and the certificate, despite
her 25 years experience as a Court reporter, she has left undated: to try
to disguise the fact that she had deliberately failed to comply with the
first Court order of February 21. What is equally significant, and devious,
and again despite her 25 years experience, her purported certificate does
not comply with the rules of the Supreme Court that govern the verification
of transcripts: that is it doesn't state that the notes are, to the best
of her skill, and ability, a complete, and correct account of he proceedings.
She has only been prepared to certify them as being a complete, and correct
account of her shorthand notes, which fact isn't, and never has been disputed.
Most certainly, they are a complete, and correct account of her shorthand
notes. They would be a complete and correct account whether, or not, her
notes are true, or false. The whole point of the rule governing the verification
of transcripts is to do away with any ambiguity. The transcript, if it
is accurate, must be certified as being a complete, and correct account
of the proceedings: of everything that was said. Mrs. West is a very devious
person, but she is not yet prepared to go that far to protect Judge Simpson.
In September
of 1993; before we decided that I should act in person, I inserted three
series of advertisements in the press, in an effort to make contact with
the Jurors' who sat at my trial, for them to support my allegations, but
I was quickly informed, by our Solicitor, that the Chief Clerk of the Hull
Combined Court Centre, had written to each of the Jurors', suggesting that
they shouldn't respond to the advertisements, as they may be encouraged
to break the oaths that they took. The advertisements were immediately
made ineffective. Subsequent to that letter from our Solicitor, I took
the trouble to find out what the Jurors' had sworn to: "I swear by almighty
God that I will faithfully try the Defendant, and give verdict according
to he evidence." The Jury had faithfully complied with the oath that they
had taken; carried out their civic duties. The oath that they had taken
was no longer binding upon them. What is said inside the Jury room should
not be revealed, although I conceive that is not always adhered to. The
matter resulted in prolonged correspondence between the Chief Clerk, and
myself, including correspondence relating to possible reimbursement of
my costs, for advertising in the press, but nothing positive resulted.
I decided
to approach Judge Simpson, through the Chief Clerk, but not with any great
expectation that he'd want to have the Jurors' contacted: that would be
the last thing that he wanted, but more to find out what his reaction would
be. On October 9, I did send the Judge a letter, care of the Chief Clerk,
requesting him to have the Jurors' informed that they may, if they wished,
communicate with me. The letter also explained to the Judge, that no-one
with a clear conscience, should object to me trying to get to the truth,
providing that they had no reason to believe that I would try to interfere,
or try to influence them. I told him that I believed that he knew, and
that Mrs. West certainly knew, that the notes of evidence had been tampered
with: that I remembered well, his words, when he seemed to be addressing
Counsel: before the Jury had ben sworn in: before I had uttered one word.
I reminded him of what those words were. I told him that I understood how
it was thought quite safe to tamper with the evidence; there being no defence
notes of evidence, or support from a Solicitor, or Counsel, as he knew.
I reminded him that there had been no reference to the evidence that had
been tampered with, in either my testimony, or in my summing up, as he
knew. I told him that the evidence given by the custody Officer could not
be compared with a Criminal Justice Act statement, because he did not make
one, as he also knew. I told him that I would like the person responsible
to say why it was done. I told him that if my letter cast some doubt on
his credibility, he may think it proper, as I did, that the matter be investigated
by another authority. Finally, I told him that in writing the letter, I
had tried to be as respectful as I could, under the circumstances. I sent
a copy of the letter to our Solicitor, and I believe that I am correct,
in saying, that I also sent a copy to our MP: John Prescott.
On December
17, I was informed, by the Chief Clerk, in writing, that Judge Simpson
had said, that he couldn't enter into correspondence with me, nor make
directions, since he was no longer directly involved in the case: that
was rich; he'd committed a serious offence, by conspiring to pervert the
course of justice, and falsifying evidence, and he was no longer involved
in the case. He'd done his dirty work: he'd wiped his hands of the matter.
That reply rattled me, because it was perfectly clear o me that he was
involved, right up to his neck. I was prompted to send him another letter,
telling him so, directly accusing him of conspiracy to pervert the course
of justice: defying him to call the only independent witnesses to support
him, should he wish to take any action against me, and I invited him to
do the honourable thing. Significantly, but not surprisingly, he has done
neither. I didn't expect a reply to the second letter, and I was not disappointed.
I appealed
to our local MP: John Prescott, for assistance, and was informed by him:
on December 10, that he had written to the Lord Chancellor's Department,
on my behalf.
On January
21, 1994, I made a formal complaint in writing, against Judge Simpson,
to the Lord Chancellor's Department, accusing him of conspiracy to pervert
the course of justice: tampering with notes of evidence, requesting that
the complaint be investigated, and that the evidence of he only independent
witnesses: the Jurors', be considered, in fairness to the Judge, as well
as to myself. I also requested that the Crown Prosecution Law Clerk be
asked to contribute, even though she may not be considered to be an independent
witness, saying that I had faith in her integrity. The reason for my faith
in that Law Clerk's integrity is because; as the Jurors' were ushered in,
on the first day, she properly informed the Judge that one of them was
known to her, whereupon that person was discharged. The Law Clerk struck
me as being a fair minded individual, which fact was confirmed the following
day, when during an adjournment, called by Judge Simpson, to allow time
for my custody record to be produced, during the course of the Sergeant's
testimony, she insisted that I had to be provided with a full copy of the
record, after Counsel had suggested to me, that I should be provided with
only one relevant page. As things turned out, the full record was very
important indeed, because it contains evidence that supported my case:
that I had been charged, and subsequently maliciously prosecuted, only
after I had made complaints against the arresting Officers': one of them
being assaults, by the Officers'. I had been charged with assaulting one
of them, because of those complaints, and an alleged assault upon them
would tend to make their assaults upon us seem to be lawful. The Officers'
had tried to cover their own backs, because of my complaints.
Having not
received a response to my complaint: addressed to the Lord Chancellor,
by January 31, I sent a further copy to the Lord Chancellor's Department,
and to be doubly confident that the complaint should reach its intended
destination, I sent a third copy; care of the Chief Clerk, at Hull Combined
Court Centre, to be passed on to his headquarters. Eventually, on April
5, 1994: nearly 10 weeks after having made the first complaint, I did receive
acknowledgement that my complaints had been received. The acknowledgement
came from the Criminal Operations Branch of the Lord Chancellor's Department
The letter of acknowledgement confirmed receipt of the complaints dated
January 21, 25, and 31, and the letter informed me that neither the Lord
Chancellor, nor any member of his staff, may comment upon, or intervene
in any individual case, and advised: as the Chief Clerk had already suggested,
that if I believed that parts of the evidence had been tampered with, I
should refer the matter to the Police, or the Crown Prosecution Service.
If it is true, and I'm in no position to say that it isn't, but if it is
true, that the Lord Chancellor cannot intervene in any individual case
when, as in this case, it involves an allegation of serious criminal misconduct,
against a Circuit Judge, presumably appointed by the Lord Chancellor, it
follows, that the Lord Chancellor can have no control over his Judges'
which I had always thought to be the case. With regard to the suggestion
that I should report the matter to the Police, or the Crown Prosecution
Service; well the truth of the matter is that it was he Police that the
Judge was trying to protect, and in any event, as the name 'Criminal Operations
Branch' implies; that branch is charged with investigating criminal matters.
I do not doubt that they did investigate my complaint, and found it to
be fully justified.
Over two months
to inform me that neither the Lord Chancellor, nor any member of his staff,
could comment on any individual case. I didn't have to wonder for very
long to realize why it had taken so long to inform me of something, which
if true, could have been advised by return of post. Two months; of course
my complaints had been investigated. Of course Judge Simpson had admitted
his involvement, and the very strong probability is that Mrs. West had
given the reason for her involvement. I am confident that if Judge Simpson,
and Mrs, West had been able to deny their corrupt act, then I would have
been informed by that criminal investigation branch, that they had investigated
the complaint, and that it was proved to be groundless, or that there was
not evidence enough to pursue the matter. Of course it was investigated,
during the course of those long two months, and of course the allegation
has been admitted. I appreciate that the Department is now headed by a
new Lord Chancellor, and I am not implying that the old one knew of my
allegation against Judge Simpson.