SORRY FOR THE MASS TAGGING ITS JUST MY POSTS GET FILTERED OTHERWISE. FEEL FREE TO REMOVE YOURSELF AND SHARE this is the letter i sent to the attorney general :) FILE ON DEMAND The Rt Hon Jeremy Wright Director General Attorney Generals Office 20 Victoria Street LONDON SW1H 0NF CC: Organised Crime Division Tobe; of the family Leigh 39 Glebe Lane Maidstone KENT ME16 9BB Friday 14th November 2014 URN: 46YY0247813 Ref : 99OL6012914 Crest: T20130548 Dear Sir, I am writing to inform you of the following record of events in connection with the above case number. 1. No prospect of gaining a conviction in this case. a) No evidence other than to suggest I was in constructive possession of the Defence spray. (No finger print evidence. Already explained no awareness, I have no awareness that the pepper spray was at my property, others have left it there) No ‘Mens Reus’ Guilty knowledge proven or ‘Actus Reus’ (physical possession. Lack of finger print evidence on the pepper spray support my ascertions) b) Not aware of any evidence to show that the laptop is stolen. Solicitors asked for proof of ownership, request declined by CPS or ignored? No disclosure re: the person alleged to have stolen the laptop charged or not? No evidence either way disclosed by CPS to implicate me in any guilty knowledge of the theft of the laptop by the person alleged to have stolen it. Or to support my account of no guilty knowledge of the laptop being stolen by the person alleged to have stolen it. I have already explained that I did not know that the laptop computer was stolen (if indeed the prosecution can provide evidence that the laptop found at my house is in fact stolen) No ‘Mens Rea’. No ‘Actus Reus’. 2. There is no public interest in this case. I am not alleged to be a handler of stolen goods, or there is more than one alleged victim, there are no allegations of industrial scale handling. So there is no public interest in pursuing this case at court. 3. The cost of running the case in light of both cases do not meet the sufficient criteria for the public interest test and the likelihood of meeting the criteria for a successful conviction test. Therefore does not warrant the cost that would be incurred in attempting to pursue these matters in a court. January 08th 2014 I attended Maidstone crown court for a plea hearing; The defence barrister Mr Sweeney advised me that if I plead guilty to handling then the prosecution would drop the possession. I advised him I was Not guilty; He then returned and told me that they was going to separate the two charges and there will be two trials, one for each charge, which I thought was strange to say the least. Whilst in the dock I was asked by the court clerk to enter a plea of Guilty or Not Guilty, I replied Innocent. The clerk then said I need to enter either Guilty or Not Guilty, I again said Innocent. The clerk then told me I need to enter either Guilty or Not Guilty, I then told her my plea is Innocent. I’m Innocent until proven guilty. With this HHJ Statman stood up, threw his pen down and told me if I didn’t say Guilty or not Guilty, then I would be arrested for contempt of court. The clerk then asked me again, at this point under Duress I said Not Guilty. The following Human Rights are so abused in consequence of the above conversation, [UDHR] Article 1,4,5,19,20 [ECHR] Article 3,10,17 January 30th 2014 GCR solicitors served an Undated and Unsigned defence statement along with disclosure requests for a number of items from the Schedule of Unused material to the CPS. The CPS refused this request on the February 28th 2014 [I was made aware August 27th 2014] May 08th 2014 I delivered a notice to Maidstone crown court advising that I had sacked GCR solicitors and had reported them to the legal ombudsman for breach of duty May 15th 2014 I attended Maidstone Crown Court for a mention hearing that was organized by the office clerk and myself to discuss the Notice I handed into the court. This Notice was to notify the court I had sacked Guney Clerk And Ryan Solicitors [GCR] and that I wished for all future correspondence to be sent directly to myself. Whilst in the hearing HHJ Joy, asked GCR whether they had a copy of the document I served. He then passed a copy to the GCR barrister, at this point the GCR Barrister advised HHJ Joy that they wish to come off the record and no longer wish to represent MR TOBE HAYDEN LEIGH. It was at this point HHJ Joy turned to me and said he was remanding me in custody for a psychiatric assessment. I was then handcuffed and taken downstairs and placed into a cell after having my property removed. Circa 3hrs later I was then told that HHJ Joy wanted to see me back in the courtroom and was taken to him. HHJ Joy then said to me you do know why I’ve remanded you don’t you? I said my honour, if you want the gods honest truth no. I haven’t got a clue why you have remanded me as I organized this mention hearing to sack my representation, and my representation told you they no longer wish to re-present me. He then told me that he was going to bail me under certain terms if I agreed. 1. I had to live and sleep at my home address 2. I have to go for a psychiatric assessment 3. I had to comply with GCR [See exhibit 1] The bail notice signed by Mrs Glenis Norris I realised that the name is wrong, as is the Date of birth. [See exhibit 2] The following Human Rights are denied to me [UDHR] Article 4,5,6,7,8,9,10,12,13,19,20 [ECHR] Article 1,3,5,6,7,8,10,13,17 May 20rd 2014 I telephoned the court to ask for a transcript and a copy of the audio file, as I believe HHJ Joy acted outside of his jurisdiction. The Court staff then rudely advised by Maidstone Crown Court that I was not allowed to contact the court due to the bail conditions that were in place. Human rights abused, [UDHR] Article 1,4,5,6,7,10,13,19,20. [ECHR] Article 1,3,10,17 May 23rd 2014 Another mention hearing was arranged due to me contacting the court on the 20th May, in my absence HHJ Carey varied the bail conditions and removed my rights to access the Court building physically and also removed my right to communicate with Maidstone Crown Court, by mail, by phone, by email or through any 3rd party. I received the bail notice signed by Ms GS James I noticed that the name is wrong, as is the Date of birth. [See exhibit 3] Human Rights abused, [UDHR] Article 1,4,5,6,10,12,19,20…. [ECHR] Article 1,3,10,17 July 16th 2014 Assessment report prepared at my home address, by Dr. Eldad Fahry, Registered Lead Psychologist who concluded that I do not have a mental illness, I understand the court procedure and that I was more than capable of presenting the case. July 29th 2014 A Mention hearing was listed where GCR solicitors were released from the record and noted I am now litigant in person and no bail conditions were to continue or set. [See exhibit 6] August 5th, 6th, 7th 2014 On the above dates I sent Emails to the CPS and Maidstone crown court requesting full disclosure of prosecuting material so as to prepare the case. I also called the CPS several times on the above days with no answer. Also E-mailed and spoke to CPS in London who advised they would contact Maidstone and instruct them to correspond. Called the Crown Court on the 7th August 2014 tapeacall/64zuykqnk8 August 8th 2014 A witness and myself went to the CPS in Union Street Maidstone to hand deliver disclosure request, affidavit and other docs. Also recorded delivered same documents with email evidence and covering letter asking for the date to be vacated. The Receptionist reluctantly accepted the documents, when asked for the correct contact telephone number I was told the one I had was correct. I tried this whilst I was there and no phone in the building rang. We left and Leanne came out side to reassure us she would pass on the documents. Whilst outside the receptionist approached us and told us to leave the property and threatened to call the police. Leanne stated everything was ok and we left. I also sent copies of the above documents to Maidstone Crown Court on the advice of the CPS Human Rights abused [UDHR] Article 1,5,13,19,20…. [ECHR] Article 3,10,17 Monday 18th August 2014 Today I attended Maidstone Crown Court with five witnesses for a pre-trial review, once arrived I noted on the board it had been changed for a mention hearing. I went into court 5 along with five witnesses, the clerk Ms. GS James asked if I was Mr. Tobe LEIGH. I told her I’m a man Tobe Leigh Not Mr. Tobe LEIGH. Ms. GS James then told me to go into the dock, I said I’m not going into the dock as I’m litigant in person and presenting myself as a man and I would wait for the judge. She then called for security. When the adjudicator appeared, he asked me if I was Mr. Tobe LEIGH? Whilst still standing in the public gallery I said I’m Tobe Hayden Leigh man of the people, I accept your judicial oath of office and I bind you to it. And now we have a contract under god’s law and the law of the land. As soon as I got to “I accept your judicial oath” the adjudicator started speaking over me. The adjudicator then told me to get into the dock; I asked whether I’m obliged to do so? He then said if I don’t get into the dock then I would go to Elmley [prison], I asked under what law? He then said if I don’t do into the dock then I would be arrested, I asked under what law? He said contempt of court, I asked criminal or civil? He said criminal, I then said id go into the dock under duress and protest and went into the dock. I asked the adjudicator whether he had read my submitted documentation, to which he replied I haven’t seen any paperwork. He then told me to sit down; I said I was ok standing up thank you sir. He repeated sit down! I again said I’m ok standing up thank you sir. He aggressively told me to sit down again to which I replied for medical reasons I will remain standing thank you sir. I then said “I have a right as a man to invoke Queens Bench, I’m not going to get a fair impartial hearing and trial in front of crown, the crowns prosecuting me, the crowns judging me, the crowns charging me. How am I going to get a fair trial via crown? ”. He completely ignored me and started talking to the prosecution barrister. The Prosecutor made arrangements for the trial to start on the week commencing the 1st September 2014. The adjudicator then told me I could leave the court, I tried to give him copies of my documents to read and the adjudicator refused to take them. I then stated that I had not received any documentation from the court or CPS so as to prepare a defence. I also told him I require a translator as the clerk downstairs had advised me to make the request with the judge. Again he refused, he did say that bail conditions were to stay the same. I was not aware of any bail conditions. I then went to the clerk’s office to check that my documentation had been received, I sent a disclosure request, a Notice removing power of attorney, a notice to vacate the hearing set for August 18th and an affidavit. This was sent by recorded delivery on the 8th August 2014 and was signed received on the August 11th 2014. I asked whether this was passed to the judges and was told, “No, we have been so busy” I asked where had it been put? The clerk then told me that it had only been placed in my file in the office. I claim abuse of my Human Rights [UDHR] Article 1,4,5,6,10,13,19,20 [ECHR] Article 3,6,8,10,13,17, August 20th 2014 I telephoned the Crown court to confirm receipt of the warned list notice that was delivered, only to be told by the clerk who refused to identify herself that I had breached my bail conditions by contacting the court and that that she was going to report me for it. I claim the protections of the following [UDHR] Article 1,4 [ECHR] Article 3,10,17 August 21st 2014 I received a copy of bail conditions through which is an exact copy of bail conditions set 23rd May 2014 prior to becoming LIP litigant in person [See exhibit 3] August 29th 2014 I requested copies of the ‘Case Bundle’ from GCR solicitors due to neither the CPS or the Crown Court was replying to any communication. Under the Attorney Generals Guidelines on Disclosure I emailed the Crown Court and CPS for items in addition to that which out to be disclosed in accordance with the duties imposed by the CPIA 1996. Again this was ignored. The right to a fair trial has been recognised under Article 6[ECHR] Article 10[UDHR] September 5th 2014 Went to Maidstone Crown Court to apply for a mention hearing to verify and vary the bail conditions due to private family commitments, I was refused entry and the court manager would not come to speak to me. September 8th 2014 I was at my local shop at approx. 16:30pm when I was assaulted by two police officers and arrested for breaching bail conditions and taken to Maidstone police station, I was held against my will over night and taken to Maidstone Crown Court at 08:30am where I was held waiting to see a judge until 14:15, I was then taken to Maidstone Magistrates court to see a Judge there. I was held in a cell until 15:30pm then released without seeing a judge and no explanation. September 24th 2014 A witness and myself attended the CPS building in Union Street to obtain some information. I needed to know the name of the case manager dealing with case as I have been trying to communicate with the CPS as litigant in person and urgently need to obtain relevant information in relation to the case. Based on this meeting, your members of staff took it upon themselves to write witness statements against me and apply to the court for add-on of bail conditions to include not being allowed to communicate with the CPS. Due to the utter contempt from the staff previously I recorded the events on my phone. [This can be viewed on YouTube] September 26Th 2014 I wrote a notice [signed delivery can provide as evidence] to Jaswant Narwal Head of CPS South East, outlining the failure to supply me with full disclosure is an abuse of process. Still no response/ignored October 7th 2014 I attended Maidstone Crown Court due to Alex Wilson making an application for the hearing to request an imposition to be put in place for me not to be able to communicate with the CPS and that my case has been transferred to Canterbury CPS Headquarters for the protection off staff. This was sent to the Crown Court letter Dated 3rd October 2014 and somehow seal stamped dated October 2nd 2014? [please see exhibit 5] The above application was handed to HHJ Carey, HHJ Carey pointed out there was no substance to the application. Mr Moore Acting CPS prosecutor then passed an unsigned witness statement from Anne Rose to HHJ Carey; HHJ Carey then asked whether I had seen this? Mr Moore then stated he had only just been given the only copy that morning, HHJ Carey then directed that I needed to see this first before being entered into the court. Once read I was absolutely mortified at the content due to the lies, I also failed to understand how an Unsigned witness statement could be disclosed to the court. HHJ Carey stated that it was absolutely ridiculous that the CPS was trying to deny my communication with the CPS, and stated that how was Tobe supposed to prepare a defence trial if he cant communicate with the CPS? HHJ Carey then ordered Mr Moore to supply me with the disclosure. I entered a motion to dismiss the case, disclosure request and application to remove bail conditions. [Please see exhibit 4] October 16th 2014 I received a letter informing me that The Organised Crime Division is now dealing with the case, they acknowledged my disclosure request and said that it was being considered. They also requested a list of prosecution witnesses I require for trial. This Letter was signed it wet ink Organised Crime. October 20th 2014 I replied to the Organised Crime Division stating that I am not in a position to dictate required witnesses until I get full disclosure. I repeated the items I require to be disclosed within 14 days from date of receipt, which was the 23rd October. November 4th 2014 I wrote again asking to confirm receipt of my letter dated 20th October. Also to confirm that the disclosure request items had been sent, as I was concerned they may have been lost in the post? November 10th 2014 I received a letter dated 5th November. We have considered your defence statement Unsigned and Undated, stating that they would not be disclosing ¾ of the items due to section 7 CPIA, alternatively I may apply to the court under section 8 CPIA. This is impossible as the CPS know full well bail conditions prevent this, how ever am I supposed to receive a fair trial when there is a total abuse of process. Since Becoming Litigant in person on the July 29th 2014 I have made over 10 disclosure request applications which have been ignored. cps.gov.uk/legal/a_to_c/attorney_generals_guidelines_on_disclosure/ In the Attorney General’s Guidelines on Disclosure it states, ‘The “golden rule” is that fairness requires full disclosure should be made of all material held by the prosecution that weakens its case or strengthens that of the defence’ After reading through thoroughly it is clear that there has been a total abuse of process. This whole process has caused me utter distress and in my opinion I believe the behaviour is none short of bullying. The right to a fair trial has been recognised under Article 6[ECHR] and Article 10[UDHR] These rights are been denied to me, Tobe Hayden Leigh man of the people, the first executor to the ESTATE of Tobe Hayden LEIGH by the provision, by the prosecution for failing to disclose material evidence by the Crown Prosecution Service, for use in the trial of Tobe Hayden LEIGH I would go on to say that this is clearly an Act of victimization; It is victimization for a service provider, Court or otherwise, to subject a person to a detriment because the person has done a ‘protected act’ or because the service provider believes that the person has done or may do a protected act in the future. s. 27(1) NOTE: For reference purposes, a protected act is any of the following: • Bringing proceedings under the Act; • Giving evidence or information in connection with proceedings brought Under the Act; • Doing anything which is related to the provisions of the Act; • Making an allegation (whether or not express) that another person has done something in breach of the Act. s.27(2) s.27(2)(a) s.27(2)(b) s.27(2)(c) s.27(2)(d) s.27(2)(c) & (d) I would also make a case note that youre encouraging to help someone commit an unlawful act? I need to make you aware that it is a criminal offence to knowingly or recklessly make a false or misleading statement as to the lawfulness of an act. It is also unlawful for a service provider to discriminate against a person: • In relation to the terms on which the service is provided to that person; • By terminating the service to that person; or • By subjecting that person to any other detriment. I could quote many areas but that is something that we can leave the legal system to discuss and apply the letter of the Law. I just wanted to be open, fair and honest. One wouldnt want you to become personally liable, although their actions have made it so. Also in s.29 (3) & (6) The Act also makes it unlawful for a person to do anything that amounts to harassment when providing a service or exercising a public function. Im still very confused as to why Radian employees believe they can act how they please, even when several complaints are issued. The Act also makes it unlawful for a person to victimize a person when exercising a public function or in service provision by: • Not providing that person with the service; • The terms on which the service is provided to that person; • Terminating the provision of the service to that person; or • subjecting that person to another detriment. This can be found in s.29 (6) s.29 (4) s.29 (5) This, with the body of evidence both parties have, will be the basis of any legal actions, through the judicial process. Although this isnt currently a NOTICE of intent to prosecute, it is advising you that it may lead to such actions. Furthermore it would seem that Theft by Deception and Fraudulent Conveyance THEFT BY DECEPTION has been created; “FRAUDULENT CONCEALMENT… The hiding or suppression of a material fact or circumstance which the party is legally or morally bound to disclose…”. “The test of whether failure to disclose material facts constitutes fraud is the existence of a duty, legal or equitable, arising from the relation of the parties: failure to disclose a material fact with intent to mislead or defraud under such circumstances being equivalent to an actual ‘fraudulent concealment’…”. To suspend running of limitations, it means the employment of artifice, planned to prevent inquiry or escape investigation and mislead or hinder acquirement of information disclosing a right of action, and acts relied on must be of an affirmative character and fraudulent…”. Source: Black, Henry Campbell, M.A., and Black’s Law Dictionary’, Revised 4th Edition, St Paul: West Publishing Company, 1968, s.v. ‘Fraudulent Concealment’. Did not Lord Diplock in Att-Gen v. Times Newspapers Ltd. [1974], ante, outlines the various ways which the due administration of justice might be prejudiced: The due administration of justice requires first that all citizens should have unhindered access to the constitutionally established courts of criminal or civil jurisdiction for the determination of disputes as their legal rights and liabilities; secondly, that they should be able to rely upon obtaining in the courts the arbitrament of a tribunal which is free from bias against any party and whose decision will be based upon those facts only that have been proved in evidence adduced before it in accordance with the procedure adopted in courts of law; and thirdly that, once the dispute has been submitted to a court of law, they should be able to rely upon there being no usurpation by any other person of the function of the court to decide according to law. Conduct which is calculated to prejudice any of these requirements or to undermine public confidence that they will be observed is contempt of court As per my body of evidence this is not the case as the Crown, as in Regina, is prosecuting me for an alleged crime that has never been committed. To add; I also believe, through this body of evidence, that Misconduct in Public Office has clearly been proven and needs urgent address. I anticipate your prompt response, until such time I will remain. Yours faithfully Tobe; Hayden of the family Leigh
Posted on: Fri, 14 Nov 2014 12:45:34 +0000
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