Witness Statement attached to Application Notice in the High Court action,        Case No. LS190 197   

Norman Scarth v Graham Moore.

Most urgent[1]:  FOR THE PERSONAL ATTENTION OF HH JUDGE GRENFELL,

AS DIRECTED BY HIM

Fee Exemption Form EX160 is enclosed, [2] but Judge Grenfell is already aware of my situation, & because of the urgency I hope he will be able to deal with this Application without delay.

1.                      I hope the nation is horrified at the current revelations by Sir David Ramsbotham, ('retired' from his post as HM Ch. Insp. of Prisons) at the terrible state of affairs in British prisons.  The facts stated here indicate that staff believe they are a law unto themselves.  I hope the court will show that they are not. We here much of ‘the clampdown on crime’ &’zero tolerance’.  I submit they should apply to those who abuse their power.  I ask for:

‘A’:

2.                      The immediate COMMITTAL TO PRISON of Wolds Prison Director David McDonnel & Unit Manager Dean Langton, FOR CONTEMPT OF COURT.

3.                     They deliberately ignored the Notice dated 3rd June 2003, which required me to attend a hearing on 25th June 2003.  (R. v Dytham, CA 1974, ruled that failure to act can be as culpable is the commission of an offence).

4.                      Prison Standing Order 4625, Para 4.5 specifically states that prisons can be held in Contempt if they fail to deliver a prisoner to court when required to do so.  An aggravating factor here is that their failure to act was motivated by malice.  It was also ‘Obstructing the Course of Justice’ - not the first time by any means.

5.                      It is true that the Notice did not contain the word 'order' (a clerical error no doubt), but the wishes of the court were abundantly clear to them.  On 11th June my red-sealed copy of the order was shown to Dean Langton, & a copy left with him, along with my application to the prison for Release On Temporary Licence to attend the hearing, telling what the hearing was about, & emphasizing its importance.  Also my application that a Sentence Planning Review listed for 24th June (which could have affected the ROTL) be brought forward.

6.                      My several written requests for confirmation that I would either be taken to the court or released on temporary licence were completely ignored - as invariably happens to me (in gross contempt of Prison Rules).

7.                      On 24th June there was what purported to be a Sentence Planning Review (it wasn't).  I asked Dean Langton about my attendance at court the following day.  "We know nothing about it" said he.  I reminded him that he had a copy of the Notice, & my ROTL application.  "Well, we know nothing about it ‘officially’" he retorted.  I said there was nothing to stop me being taken the following day.  "Can't do that" said he, "it has been taken out of the list, & will have to be re-listed".  So, he DID know about it 'officially'. 

8.                      This is just the sort of thing that could have the consequences predicted by psychiatrist Dr, Patrick J.G.Quinn.  Having been under his care in Newton Lodge Secure Hospital, on 7^th March 2003 from the witness box at Sheffield Crown Court he told HH Judge Goldsack “sending him back to prison COULD HAVE CATASTROPHIC CONSEQUENCES ON HIS MENTAL HEALTH!”  Judge Goldsack DID send me back to prison, with total lack of humanity or respect for the Sovereign’s oath - to deliver justice with mercy.
 

9.                      McDonnel & Langton did have me delivered to the court for the re-listed hearing on 14^th July, without being informed any more ‘officially’ than the previous occasion, but that had caused nearly three weeks delay.  ‘Delay in justice is the denial of justice’. Time is a luxury I cannot afford at my age of 77.  The delay has caused me great distress.  
                                                                                              ‘B’

10.                   I have every hope that this case will bring to light matters which were NOT heard at my criminal trial, & thus bring my release from prison.  I therefore ask that the court order McDonnel & Langton to pay me compensation for the 20 days delay, at the appropriate rate, & for the distress.
                                                                                                ‘C’

11.                  Being told at the last minute that the hearing listed for 25/6/03 was not to take place, I was unable to inform supporters.  One of my lay legal advisers, Mr. Andrew Yiannides actually made the 400 mile round trip from London, wasting his time & money.  I therefore ask that the court order McDonnel & Langton to pay him compensation.  I do not know what Mr. Yiannides costs were, but I suggest a figure of £250 or so.
THE FACTS IN THIS WITNESS STATEMENT are  true to the best of my knowledge & belief.

809 words.                                                           Signed:  Norman Scarth,                                                          1^st October 2003 

Update, 16 Jan. 04.   As predicted, on 8/1/04 Judge Grenfell did dismiss the Application for Committal.  See the dossier I sent to the Judicial Appointments Group V in 2001, include din this envelope.