|
|
The Chief Clerk, 16A The Lyons,
The Durham County Court, Hetton-le-Hole,
Hallgarth Street, Tyne-Wear,
Durham. DH5 OHT.
28 January 1998
Dear Sir,
Please find enclosed the amount of £241.65p in respect of costs of the action DH6004359.
This is being done so that my father William Kellett may be spared further suffering at the hands of some members of the judiciary. Their actions, most certainly contrary to the generally accepted term justice, will be pursued until justice is done. I remain convinced that my arguments with Freemasons are instrumental in that injustice which both myself and my father have now suffered. To this end I have commenced to publish the facts to show this injustice. I will go on publishing them, to sources worldwide for as long as it is necessary or until a full and proper enquiry takes place on the matters in which I have sworn did take place. I would suggest that it will have been clear to those members of the judiciary who have examined the evidence which I have provided to show the unjust acts which I complain of, that those acts did indeed take place. For this I conclude that the judiciary are attempting to disregard those acts and that injustice should prevail. It is my right not only to publish that injustice, but the evidence that clearly proves that it has been carried out deliberately.
I would also add that this amount is paid under protest due to the following reasons:
A complaint was lodged against District Judge Cuthbertson on 12 January 1998 in respect of the consideration that he has not been impartial in those matters heard before him.
Around 13 January 1998 Mr. Cuthbertson was served with my Bill of Costs in the sum of £50 000 for the gross unjust acts which he has carried out. Whether or not Mr. Cuthbertson pays that sum, I will continue to regard it as a debt due to the damage caused by his gross injustice to my wife and I, and to its contribution in the recent death of my Father in Law.
From my discussion with Mr. Abley of The Newcastle County Court this morning it has been agreed that my complaint against Mr. Cuthbertson has been forwarded to the relative authority.
There had previously been a complaint made by me to The Durham County Court in October 1995 against District Judge Cuthbertson in matters relative to this action. My complaint against Mr. Cuthbertson was considered by him and then ignored. That complaint was not in the circumstances believed to have been correctly handled by the court.
In this particular matter Mr. Cuthbertson has made an order which is in contradiction of a judgement made in the higher court. The higher court presided over by the former Recorder Mr. Fryer Spedding had ruled that my father was the most likely party to have acquired title to the land subject of dispute. It is considered that Mr. Cuthbertson has effectively overruled that judgement which is further considered as a continuation of the injustice which he would seem determined should rule.
In these circumstances, and in the circumstances that my complaint against Circuit Judge Paling, has I am told this morning, been before the Lord Chancellors Department and I can expect a reply shortly ,then as Mrs. Paling's act which she carried out on 13 August 1997 has a direct connection with Mr. Cuthbertson, then it is considered that such complaint against Mrs. Paling should have been addressed before proceedings continued before Mr. Cuthbertson.
I understand from Mr Abley of the Newcastle County Court that they had expressed concern over the time that was being taken to address my complaint against Mrs. Paling. The basis of that complaint was that at an appeal hearing on 13 August 1997, on the matter of Mr. Cuthbertson having ruled that my father should show cause why there was no abuse of court time in commencing his action, though I represented my father, she ordered that I would not be allowed to speak and then after approximately five minutes she dismissed the appeal. The time allocated for that appeal was three hours. In the circumstances it could not be considered as such appeal when the appellant was refused leave to present the case for appeal.
I would advise the Court that as the documentation placed before Mr. Cuthbertson by way of affidavits and statutory declarations remains as clear evidence that both my father and I have title to the land which has been subject of this action. That evidence has at no time whatsoever been subject of dispute by the opponent, Miss. Carr, then it is considered that Mr. Cuthbertson's act of dismissing the action remains as evidence that justice has been denied by him in this action. It is considered as a furtherance of his grossly unjust act which he carried out on 17 October 1995 when he granted an injunction under extremely improper circumstances. That injunction had an extremely adverse effects on my ability to defend and prosecute in those cases before the former Recorder Mr. Fryer Spedding.
My father and I remain as title holders to the land subject of dispute and I have informed Lord Woolf that it is my intention to regard the disputed land as not only ours, but that it will continue to remain as part of the right of way to the rear of our property. My affidavits of 13 August and 4 November 1997 remain as indisputable proof that the former Recorder Mr. Fryer Spedding carried out acts, some of which are listed below when he delivered judgement:
1) Not telling the truth when he delivered judgement.
2) Concocting a false stories.
3) Making statements in contradiction to the video evidence that was shown to him.
4) Allowing my opponent to blatantly use perjury in her defence.
5) Warning me not to highlight that my opponent had commenced to swear contrary statements while I carried out my cross examination of her.
6) Making at least one statement which was a gross contradiction of law.
7) Had improperly interfered with my cross examination of not only my opponent, but of a surveyor employed by her.
8) Though District Judge Scott-Phillips had ordered on 1 June 1994 that the four cases could not be consolidated, he falsely alleged that they had been consolidated and he tried the cases as if a single case.
9) Allowed my arguments with Freemasons to enter into proceedings before him even though they had no bearing whatsoever on the issues to be decided.
These facts and the evidence to show them, have been published now to sources worldwide and I have asked the court to provide Mr. Fryer Spedding with a copy of my affidavits of 13 August and 4 November 1997 detailing his unjust acts so that he can have an opportunity to act on that which is contained in those affidavits or agree that their contents true and correct.
Yours faithfully
Mr. M.Kellett
-----------------------------------------------
Though former Recorder Mr. Fryer-Spedding had lied, clearly to help fabricate his reasons for judgement, he ruled that Carr had no title to the land subject of dispute. He stated that if anyone had title to the land it was my father. My father commenced court action to be allowed to go back into possession of the land. District Judge Cuthbertson of The Durham County Court, ordered that my father should show cause why it was not an abuse of court time for him to commence his action.
I represented my father and of course Cuthbertson loved me as much as I loved him. He had granted an injunction in circumstances that were most certainly improper or unlawful. It had stopped me from taking further evidence for my use in the ongoing litigation. Eventually I was found guilty of breaching that injunction and was sentenced to three months imprisonment. In protest at Cuthbertson's gutter tactics and the severity of the sentence imposed I refused food drink, and very essential medication. Three days later I suffered a stroke. The following day I was released following an appeal in the London High Court. The sentence was then changed to one of three months suspended imprisonment.
In her attempts to keep me in prison, Carr had her very good friend, Solicitor Alison Stott of Durham City send a fax letter to the High Court stating that I was not of previous good character and had been previously bound over by the courts. That was further lies as were so commonly used by Carr in her attempts at character assassination. At no time had I ever been bound over by any court, and my character was without doubt better than Carr's. I had no criminal record and the only time that I had ever been before a court was after I had been battered and then struck by a car that was driven at me. It was illegal procedure in that court which prompted me to carry out investigations into Freemasonry. I obtained from the police a document which verified that I had no criminal record or any other police record. Throughout the civil litigation period, which I do not consider will end until the judiciary carry out the administration of justice for which they are paid.
Returning back to Cuthbertson's gutter tactics. He ruled that it was an abuse of court time for my father to commence an action to go back into possession of our land. That ruling flew in the face of Recorder Fryer-Spedding's judgement. Cuthbertson had effectively overruled the judgement of a higher court. In 1998 Carr was allowed to register the land in her name which amounts to legalised theft of land. Cuthbertson's ruling is not accepted and the Bill of Costs which I supplied to him for his part in what was certainly deliberate injustice still remains unpaid. He will carry that debt until it is paid whether or not others have ruled that a judge cannot be held responsible for costs even if he has carried out acts of gross injustice.
-----------------------------------------------------
Please send any E-mail to: Justice@jiwalu.demon.co.uk