"Procedural fraud unravels everything"
Court report from a day in Carlisle fighting against a malicious prosecution
“YE cannot be justified by the works of the law; for by deeds of the law no man LIVING can be rid of his burden: therefore, Mr. Worldly-wiseman is a liar, and Mr. Legality a cheat; and his son Civility, notwithstanding his simpering looks, he is but a hypocrite, and cannot help thee.” — The Pilgrim's Progress, John Bunyan, 1678
It is rare for me to be so drained of energy and focused on my immediate task that I don’t even take an event photograph for a subsequent newsletter. Having been quite ill over the weekend, and endured a long diversion around a traffic accident on the way, I attended a preliminary hearing in Carlisle for my case against Cumbria Constabulary. What started as a minor motoring matter (that should never have been prosecuted as there is no offence) has exploded into a contentious battle over systemic failures of due process and evasion of accountability.
As I failed to take a single image yesterday, the header picture above is from when I was last in Carlisle exactly three years ago, to photograph a public demonstration in the wake of the Covid lockdowns. Only a month ago Elon Musk said: “Did you know that USAID, using YOUR tax dollars, funded bioweapon research, including COVID-19, that killed millions of people?” — a hard-to-hear message from an insider. As a society we have yet to process what really happened — legally, emotionally, or practically. As a sensitive empath, the psychological burden of difficult encounters with the state is high, but that does not imply any ill-will for its functionaries.
The prosecution case rests on this parking restriction sign that you can, err, um, clearly see in the middle of the picture. The police have delayed giving me their photographic evidence until the very last minute, weeks after I asked for it. Unsurprisingly, it is inadmissible, misleading, irrelevant, inauthentic, and contradictory. They made up another witness statement about postal matters months after the summons, but right before the hearing. Key exculpatory evidence was withheld, my letter to the Chief Constable challenging the authenticity of their defective notices that hide behind “Central Ticket Office” and a PO Box.
It looks and smells like a cover-up — that went wrong.
I suspect the whole matter is an embarrassment that has blown up in their faces, so the police have also handed off the case to the Crown Prosecution Service. The CPS lawyer was at the hearing, but had not yet had a chance to get up to speed with the case or my court submissions — and this is three months after the summons and a week before the scheduled trial. Cases like mine are not his standard fare: the average defendant doesn’t deconstruct the entire architecture of authority of the legal system as part of his defence for a parking ticket, looking for inconsistencies. The hearing was handled politely and professionally by all concerned, and I brought along only two observers, not wishing a procedural hearing to become a zoo.
I had filed motions for abuse of process (as no case has been made against me and procedural irregularities abound), dismissal due to lack of evidence (there can’t be as there was no crime), and adjournment (if necessary to remedy various procedural defects). To save you the anxiety of suspense, the outcome was that the case was kicked back three months. This compounds the injustice of a malicious prosecution (as retribution for exposing fraudulent police notices), but gives me ample time to do mountains of discovery to expose how police fishing expeditions turn into courtroom fiascos. Nobody should be dragged through this, but here I am.
Here is my opening statement:
Your honour, I am struggling to locate a valid case to answer in this matter. The summons does not set out a specific charge against me—only a collection of vehicles parked at different times and places. I was diverted by official signs down this lane and parked safely, unaware that restriction signs were buried in bushes, making them void in law and unenforceable.
The prosecution’s own evidence contradicts their claim—showing other vehicles at different locations and times, and no actual obstruction by myself. My own photographic evidence confirms that no enforceable restriction was visible where I parked, and no obstruction was caused—so there is no crime to answer for.
A sloppy Fixed Penalty Notice, defective legal notices, and improper postal service compound the due process issue. I repeatedly asked the police to authenticate ambiguous notices with red flags for fraud. Rather than respond to my lawful challenge, they initiated a s172 charge in retaliation for exposing potential procedural fraud — an improper purpose. The prosecution has also withheld key exculpatory evidence, notably my letter to the Chief Constable, demonstrating bad faith. The CPS has only just been engaged, a week before trial, and disclosure is late.
With no valid claim, no evidence of wrongdoing, multiple procedural defects, and prosecutorial misconduct, I ask the court to consider if proceeding with this case serves the interest of justice, or would be a miscarriage of justice.
Specifically, three of the four pillars of a real case are missing:
✅ WHY — There is notionally a law that might have been broken — “obstruction of the highway”. So a provisional tick for the first one.
❌ WHO AND HOW — There is nothing to relate that law to me personally; only a group of cars, mostly parked after mine, as if you can prosecute guilt by association.
❌ WHEN AND WHERE — The summons doesn’t say when I personally caused an obstruction, or exactly where. So it’s a “no”.
❌ WHAT — the evidence that supports the claim — which is completely missing here, only showing I parked on the road normally, with no evidence of a valid restriction notice.
As a result, the summons is not properly formed, so the case ought to be thrown out.
There is one “jaw dropper” issue: the court on the summons is “North and West Cumbria Magistrates’ Court (1752)”, which when I search on the HMCTS website is not listed. This court is described as “sitting at Carlisle Magistrates’ Court”, but it doesn’t get its authority from a building, and could equally sit at a leisure centre or school hall. It may all be innocent and lawful, but in the context of so many irregularities, it is reasonable to have questions. The judge scoffed at me asking, but the legal advisor’s face said it all, and the CPS lawyer was silent. They know that no jurisdiction equals no court equals no case.
The case is a complete mess. It could be railroaded through a lower court, if the court is willing to be an accessory to naked procedural fraud. A Crown court, on appeal, is almost certain to reject the case, and a jury member might injure themself laughing the case out. I made it clear that my job was less “defendant” and more “fraud investigator”. While the judge rolled her eyes a bit at me mentioning TV Licensing and council tax, she isn’t the one being badgered to make statements about not owning a TV with menaces, or harassed by debt collectors who cannot show a court order when asked. Successful legal professionals live comfortable lives disconnected from such concerns.
Given I have offered Cumbria Constabulary many chances to back out, and they have refused, they are horribly over-invested in a prosecution with no probable cause. I hear that Appleby Horse Fair can be a contentious place for policing with lots of gypsy travellers — but that’s not an excuse to go on collective punishment missions of motorists who are parked lawfully. The police’s evidence pack is dangerously close to perjury and perversion of the course of justice, and a truly baseless prosecution for nothing has caused me enormous harm and stress. If I were greedy, a large compensation payout might be in order for malicious prosecution, but my priority is reform, not revenge.
The penalty for this persecutory process is having your life stolen from you, and your nervous system put in overload. The Crown system protects its own, modulo the occasional sacrificial bureaucrat thrown under the disciplinary bus, so I don’t expect justice. Yet the world is changing. Those state crimes under the Covid years have not gone away, nor the debt slavery attached to securitisation of birth certificates, or the rigged elections that launched many coups and wars. The world can change overnight, and what seemed like a stable existence profitably administering fines and forfeits — without a jury ensuring conscience — can disappear suddenly.
There is a right side of history here, and a wrong one, and I know which side I am on, regardless of the outcome of the case. The law is not a source of life or salvation, and never will be. Its abuse to harass, exploit, and intimidate is linked to banking systems that are in a state of flux. A financial reset could trigger the end of admiralty courts and crimes without victims. The days of operating hidden trusts with legal fiction names that imitate living men and women are numbered. I doubt those inside the system see the writing on the wall, but I certainly do. Will this court even exist come June? I cannot say for sure. Given my experience so far, it’s not a big loss if not.
"Cases like mine are not his standard fare: the average defendant doesn’t deconstruct the entire architecture of authority of the legal system as part of his defence for a parking ticket, looking for inconsistencies." :-D :-D :-D :-D :-D
That is an absolutely delicious turn of phrase, Martin. Take a break and recharge for a few days. You've clearly got some of them wondering if they can be vacationing in Fiji when the case finally comes into court again. Great work!
Best wishes, Martin, for a proper outcome !