A Patent Stitch-up - Jeremy Dear and Michelle Stanistreet
From each according to their inabilities, to each according to their greed.
Introduction
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Jeremy Dear, NUJ General Secretary and Michele Stanistreet, NUJ Deputy General Secretary manufactured evidence and orchestrated an unlawful disciplinary hearing against Professor Paul Trummel (the Journalist), an NUJ London Freelance Branch member, by coopting Barry Fitzpatrick, NUJ Head of Publishing and FoC NUJ Officials Chapel. Fitzpatrick unlawfully devolved a false, misleading, and vexatious complaint to NUJ Glasgow Branch, allegedly to harass and derogate the Journalist.
Despite refutation, John Matthews, NUJ Glasgow Branch Chair and DeeDee Cuddihy, NUJ Glasgow Branch Secretary pro tem convened an unlawful hearing in absentia (10 Jun 10) that contravened NUJ conventions and rules. They established a “kangaroo court” outside English jurisdiction to unlawfully railroad an NUJ member in violation of NUJ Rules 2010 and Scottish law. They then found “a case to answer”.
[Position Paper - Précis] [Position Paper - Full Text]
By that, they neglected to conform to legal process and moral law and committed an abuse of process. They then referred the complaint to NUJ National Executive Council (NEC) which used unlawful jurisdictional arbitrage to devolve the issues to Ireland: another infraction of several NUJ rules. NUJ procedures require investigation and adjudication of disciplinary issues by NUJ Ethics Council not National Executive Council.
[NUJ Stitch-Up - Abuse of Process]
The term “abuse of process” defines in this context as neglect to insure due process of law by subverting legal or disciplinary proceedings with intent to acquire jurisdiction over an NUJ member and use of unsubstantiated declarations to support evidentiary assertions. NUJ officials did not provide: notice of a hearing; documents substantiating their claims; reference to the NUJ rule under which they brought charges; minutes of relevant issues; and names of hearing participants.
NUJ rules require that when the general secretary makes a complaint against a member he must notify his branch and endeavor to select a neutral branch for a hearing to determine probable cause. Dear has neither advised the Journalist that he informed his branch (London Freelance Branch) nor have branch officers convened a branch meeting to discuss the issues. Instead, London Freelance Branch consistently blocked filing of complaints against NUJ officers.
Dear and Stanistreet have ostensibly filed a complaint which “endeavour[ed] to select a neutral branch to decide whether a case has been made out for examination by the NEC” on their own complaint. Their choice of NUJ Glasgow Branch as a “neutral branch” makes that branch ineligible because of conflict of interest “to decide whether a case has been made out for examination”.
NUJ employs a rogue lawyer (Roy Martin Mincoff #112029) as in-house solicitor, presently subject to investigation by Solicitors Regulation Authority (SRA) for gross professional misconduct and other alleged criminal activities. An abuse of process occurs each time Mincoff delays or denies justice for an improper collateral purpose or political expedience contrary to trade union objectives, legal process, and Trade Union and Labour Relations (Consolidation) Act 1992.
Mincoff makes politically expedient decisions regardless of rules and law by preemption of due process and obstruction of justice. Unable to put words together themselves, Dear and Stanistreet as, both legal and technical sub-literates, parrot everything that Mincoff tells them. NUJ illegal activity (which includes fraud, computer crime and money laundering) has now reached proportions which could easily classify as organised crime normally investigated by Serious Organised Crime Agency (SOCA). [The Plod Thickens]
As a common law intentional tort, abuse of process involves misuse of the public right of access to courts. It usually predicates upon the existence of an ulterior purpose or motive and improper use of legal process to subvert legal proceedings. By that, NUJ has escalated a campaign of harassment against the Journalist to an unprecedented level.
The Journalist alleged to police that NUJ officials and officers, jointly and severally, committed criminal acts. He expected police investigation and action by Crown Prosecution Service (CPS) upon a finding of probable cause. However, Mincoff continued to support Dear and Stanistreet in alleged criminal activity despite pending investigations by Metropolitan (Camden) and Strathclyde police (MC&S).
After Mincoff deliberately confused the issues, police officers neglected their duty of care to investigate and to file charges with Crown Prosecution Service. Consequently, the complaints now pend inquiry into that neglect by Independent Police Complaints Commission (UK) and Crown Office and Procurator Fiscal Service (Scotland).
In the recent attempt by Mincoff to evade police investigation, he retroactively filed false and misleading criminal charges against the Journalist with Metropolitan (Camden) police officers. By using criminal obfuscation, he attempted to draw attention away from his neglect of duty of care to address outstanding complaints before filing new complaints. All complaints to NUJ must receive due process in the order filed. By that, he committed additional professional misconduct.
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Evasion of Duty of Care during Investigation of Criminal Incidents |
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Clout |
Wilson |
Cobb |
House |
O'Donnell |
Pollock |
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The arrogance and insolence of police officers shows a lack of responsibility and respect for members of the public who pay their salaries and to whom they have a duty of care. Convening a public inquiry into the issues reported on this web site has become essential to the public good. [Public Inquiry] Reasonable people must ask: Do Metropolitan (Camden) and Strathclyde police officers need a corpse before they investigate NUJ threats of grievous bodily harm and process police incident reports of aggravated assault? [Aggravated Assault] Metropolitan (Camden) and Strathclyde police divisions (MC&S) have delayed and denied justice by neglecting to respond to criminal referrals with diligent investigation. They have used stonewalling and Orwellian tactics to evade their duty of care and denied full investigation of criminal incidents with frivolous and vexatious responses. [Strathclyde Police - Railroading] Officers at the highest level have responded with arrogance and dumb insolence. They have begged questions and avoided issues using assumptions and general denial when the law requires manifest conclusions. Metropolitan Police (Camden): Dominic Clout, Chief Superintendent, Borough Commander; Neil Wilson, Detective Superintendent and David Cobb, Detective Chief Inspector. Strathclyde Police: Stephen House, Chief Constable; Anthony O'Donnell, Chief Inspector, Glasgow Central and West Division and John Pollock, Chief Superintendent, Professional Standards Department. |
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Following Mincoff’s fraudulent complaint to police, Christopher Graham Wheal, an NUJ officer, threatened the Journalist with grievous bodily harm. It required use of a dictionary to define his gutter language which construed as a death threat when applied to a man seventy-seven years of age. Metropolitan Police (Camden) received information about that threat in violation of Protection from Harassment Act 1997, Section 4. [The Plod Thickens]
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Christopher Graham Wheal, |
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Will you piss off with your inane ramblings. My nephew was killed in a tragic accident on Tuesday and all I get is wank from you. Now take me off your email list, or better still, fuck off and die you complete and utter tosser*. One more peep from you and if I bring harassment charges you'll be lucky. I find you personally I'll fucking break your legs. [sic] |
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The author has reported to Metropolitan Police (Lewisham) that Wheal committed a criminal offense by threatening grievous bodily harm against an NUJ member in violation of Protection from Harassment Act 1997. |
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This reprobate describes himself as a journalist and writing instructor. *tosser. A derogatory term for a stupid, irritating, or ridiculous person. |
The author neither had any previous contact with Wheal nor did he write about him. Wheal received a media release but did not opt-out from the list. |
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Since publication of the first edition of this article (which followed the Scottish “case to answer” finding), NUJ has altered published assertions about its officers. NUJ retroactively appointed John Matthews, NUJ Glasgow Branch Chair and DeeDee Cuddihy, NUJ Glasgow Branch Secretary to replace elected officers Allen and MacDonald who supported the unlawful finding.
Consequently, Strathclyde Police received (16 Jun 10) a comprehensive referral with the expectation of investigation of alleged criminal activity by NUJ Scottish officials and published Glasgow Branch officers: Paul Holleran, NUJ Scottish Organiser; Ruth Allen, NUJ Glasgow Branch Chair; Joan MacDonald, NUJ Glasgow Branch Secretary; and James Doherty, NUJ Glasgow Branch National Executive Council Member also the alleged poseurs Matthews and Cuddihy. [Strathclyde Police Referral]
Metropolitan Police received (25 Jun 10) a comprehensive referral with the expectation of investigation of alleged criminal activity by NUJ Head Office officials, officers and staff members: Jeremy Dear, NUJ General Secretary; Michelle Stanistreet, NUJ Deputy General Secretary; Barry Fitzpatrick, NUJ Head of Publishing; Gayle Baldwin, NUJ Executive Personal Assistant; Sharon Gilbert, NUJ Membership Secretary and Audrey Witter, NUJ Minutes Secretary. [Metropolitan Police Referral]
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Séamus Dooley, NUJ Irish Secretary and John Fray, former NUJ Deputy General Secretary have used anarchistic arbitrage to commence another scam by altering the original charges against the Journalist then convening an NEC panel to investigate them, thereby evading the responsibility for Ethics Council to hear disciplinary proceedings.
By that, Dooley and Fray knowingly committed another abuse of process by setting up an NEC panel to investigate a complaint already filed with both Metropolitan (Camden) and Strathclyde police divisions (effectively sub judice). They attempted to preempt legal process pending a filing with Independent Police Complaints Commission (UK) and Crown Office and Procurator Fiscal Service (Scotland) for dereliction of police duty of care and obstruction of justice. [NUJ Stitch-Up - Abuse of Process]
Washington Supreme Court
Washington Supreme Court has already decided the basic issues that concern NUJ and the Journalist now subject to NUJ disciplinary hearings and denial of legal support. Five international media and civil rights amicus curiae argued the case in Washington Supreme Court. In a unanimous finding by nine judges (30 Mar 06), Supreme Court reversed all Judge James A Doerty's decisions made in Washington Superior Court which absolved the journalist of any wrongdoing.
Supreme Court concluded that Superior Court abused its discretion in restraining the Journalist from contacting non-parties by adding content restrictions to an anti-harassment order and erred in multiple findings of contempt of court. It reversed draconian trial and appellate decisions which caused the author to spend time in jail and solitary confinement.
The contempt motions based upon alleged violations of a flawed and unconstitutional anti-harassment order. The trial court denied the author his right to counsel and jailed him for 111 days (including 25 days in communicado solitary confinement). Court of Appeals neglected to address violation of Vienna Convention when it concurred with the draconian Superior Court order. By that, it condoned prior restraint, constructive eviction from a residence, and jail time, without considering constitutional and international rights.
Supreme Court found that Superior Court had absolutely no justification for refusing a continuance and neglecting to provide legal counsel. It also considered the specter of preventing journalists from publishing information by arbitrarily jailing them. The case captured the interest of national media and broached a worldwide outrage in the journalism community. Supreme Court also addressed questions related to freedom of expression First Amendment issues that both Superior Court and Court of Appeals studiously evaded.
All this occurred while Jeremy Dear and Claire S Kirby, former In-House Solicitor neglected to implement previously approved NUJ support for the Journalist. The present situation has arisen from a subsequent cover-up and prior restraint by Dear and NUJ officials.
Dear and Stanistreet have now tried to use a similar stitch-up to that used by Judge Doerty to try to silence the Journalist. Contrary to law, Doerty tried to censor speech that exposed criminal activity through application of media blackouts and coercion. Dear and Stanistreet have followed the same path. They will lose in the same way that Doerty lost in Washington Supreme Court then NUJ members should petition for their impeachment.
Legal Legacy
Excerpt from an article, that included an interview with Attorney Elena Garella, published in Online Journalism Review, University of Southern California (USC), Annenberg (04 Apr 04) and a review by Scott G Neil.
[Neil] [Gadfly or Martyr]
Despite the uproar over Doerty's attempt to drum Trummel out of the corps of journalists, his own attorney, Garella, agrees with the judge that in the final analysis that issue is irrelevant. "Whether Mr. Trummel is a journalist or an angry tenant doesn't really matter," she said. "He gets the same rights under the laws as anyone else. And we all have the same free speech rights."
She also acknowledged that if some of the allegations about Trummel's actual conduct were proven to be true in a fair trial in which he had an opportunity to confront his accusers, an anti-harassment order might be justified. But no such proceeding ever occurred, she said. "Judge Doerty immediately took the position that everything Paul did was harassment and threw the book at him before there was ever a trial." Moreover, the orders went beyond restraining his conduct and suppressed his right to communicate.
"I don't think you can ever use any kind of injunctive force to preclude people from engaging in free speech activities and posting complaints about an apartment house on the Internet or complaining to authorities because an apartment violated various state and federal regulations," Garella said.
"It could be very uncivil and impolite behavior and yet that doesn't mean a court could stop them from engaging in activities that are protected. That's where the judge was wrong. He is saying this is so impolite and rude and disturbing to people that I'm going to shut you down and stop you from saying what you want to say. He simply can't do that." The state anti-harassment law he invoked "is intended to stop behavior, not speech," she said.
Reprise
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Stitch-up of an NUJ member by three highly paid NUJ officials. |
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Jeremy Dear, NUJ General Secretary and Michele Stanistreet, NUJ Deputy General Secretary allegedly coopted Barry Fitzpatrick, NUJ Head of Publishing and FoC NUJ Officials Chapel to file a false and misleading complaint against a member. Glasgow NUJ Branch claimed that London Central Branch asked it to undertake investigation of a complaint in accordance with NUJ Rules then demanded that the member provide a deposition “that can aid us in our deliberations”. Effectively, that complaint (08 Apr 10) retaliates for publishing exposé about involvement of Dear and Stanistreet in fraud and other criminal activity also the respondent’s insistence upon entitlement to NUJ member support, legal representation, and human rights during the previous decade. [Correspondence]
Glasgow Branch claimed that it would consider the complaint and start depositions during the week beginning 07 June 2010. Fitzpatrick used a time-warp stratagem, delayed service, and withheld documents to deny compliance with deadlines: a ploy commonly used by NUJ officials to delay and deny due process and to create a default.
Fitzpatrick dated the letter (8 Apr 10) (the respondent received a hard copy more than seven weeks later (28 May 10)) and expected a response seven days after service which did not allow enough time to obtain and instruct legal counsel. He further obstructed due process by failing to provide names and addresses of witnesses and neglecting to substantiate his claims, an opinion that his confused letter substantiates. [Bullying] [Motley Sycophants]
Fitzpatrick took part in a conspiracy by Dear and Stanistreet to dragoon a NUJ member. He delayed and denied due process of law by trying to force rapid litigation to prevent careful consideration and criticism of the complaint. Dragooning includes subjugation, persecution, coercion, and threats to respondents which constitute railroading or sandbagging which has no lawful foundation.
Fitzpatrick’s complaint establishes another pattern or practice of unlawful acts by Dear and Stanistreet. They used an identical strategy to that previously used by Roy M Mincoff, NUJ In-house Solicitor and his predecessor Claire Susan Kirby (Thompsons Solicitors), both presently under investigation by Solicitors Regulation Authority for professional misconduct after using false and misleading representations and tactics similar to those now used by Fitzpatrick.
Dear perverted the course of justice by misusing his position for personal gain and colluded in manipulation of elections to maintain an illegal status quo. He also covered up misappropriation of public funds by denying access to financial and other records.
David Cockburn, Certification Officer, Certification Office for Trade Unions and Employers' Associations Cockburn effectively supported NUJ illegal activities by delaying and denying justice. His actions show an illegal pattern or practice which has adversely affected trade union member rights. Cockburn continues to delay investigation and adjudication of a complaint against Jeremy Dear under both NUJ Rules and Trade Union and Labour Relations (Consolidation) Act 1992. Cockburn effectively granted Jeremy Dear, General Secretary, National Union of Journalists impunity to extend a seven-year pattern of illegal activity for another year. [David Cockburn]
Press Complaints Commission has not processed complaints against Jeremy Dear and Timothy R Gopsill, former Editor, Journalist (NUJ magazine) and Mark Thompson, Director-General, BBC relating to a seven-year illegal prior restraint. The complaints arose upon substantiation of alleged BBC and NUJ complicity in a seven-year media blackout orchestrated by Dear.
BBC did not broadcast or publish anything about the illegal jailing of the author in Seattle despite 900 supportive articles published from Moscow to Madrid. However, BBC gave wide coverage to other NUJ journalists in similar circumstances: Suzanne Breen; Alan Johnston; Shiv Malik; and Sally Murrer.
[Press Complaints Commission] [BBC/PCC Complaint] [NUJ/PCC Complaint]
As a result of dereliction and machination by Fitzpatrick and repeated unlawful acts by Mincoff, predominant and overriding factors arise. Associated complaints to: National Union of Journalists; National Executive Council (NUJ/NEC); Solicitors Regulation Authority; Certification Office for Trade Unions and Employers' Associations and Press Complaints Commission must receive an independent hearing before any action can occur on new complaints which address similar issues which relate to both Dear and Stanistreet - the originators of the stitch-up. [Correspondence]
Moreover, adjudicating the present complaint in Scotland (outside English jurisdiction) arguably creates an unlawful deception. If depositions and hearings proceed, then they must take place in a court in England (the domicile of the respondent) after adjudication of other outstanding issues and allowing a reasonable time to employ and instruct legal counsel.
History
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Exposure of a decade of lies, deceit, and denial of member services, also denial of legal representation by NUJ/IFJ officials for personal and political expedience, arguably has led to repeated retaliation and criminal harassment by Dear. [Kafkaesque Experience]
2000. NUJ/IFJ pledged its support of the member for insisting upon freedom of speech in Seattle. [Solidarity] [Solidarity Statements] [Doerty Poster]
2001. Seattle mafia evicted the member for writing about misappropriation of government funds and abuse of elderly and vulnerable people which resulted in three homicides by abuse and an attempted murder. [Tall Structure Terror] [Conspiracy 2001] [Ravening Sociopath]
[Thespian Liar] [Homicide by Abuse] [Vulnerable Adults]
2002. The mafia jailed and tortured the member in jail until he suffered a heart attack at the age of seventy and he almost died. Judge Doerty, a rogue judge, ruled that he would stay in jail indefinitely until he took down a web site hosted in Holland. Jeremy Dear and Clair S Kirby, former NUJ In-house Solicitor allowed the member to languish in jail and placed a media blackout with BBC, The Journalist, and Press Gazette on any mention of the event to cover up UK embassy and NUJ neglect to support him. [Conspiracy 2002] [Doerty Poster]
[FreePaulTrummel] [Sociopath][NUJ Position Paper] [NUJ/PCC Complaint] [BBC/PCC Complaint] [The Fifth Estate]
2003. The mafia blocked an appeal then Washington Supreme Court ordered an appellate hearing.
2004. The mafia complied with a supreme court finding then subverted the appeal by illegal appointment of corrupt judges.
2005. Dear and Mincoff, while feigning solidarity, accepted a government “educational grant” £262,000.00, allegedly as part of a UK government cover-up of neglect by its consul in Seattle.
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A Collusive, Coercive, Disingenuous Quintet |
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Public Inquiry Convening a public inquiry into the issues reported on this web site has become essential to the public good. |
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Straw |
Ricketts |
Sheinwald |
Miliband |
Thomas |
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David Miliband MP, Former Secretary of State for Foreign and Commonwealth Affairs; Sir Peter Ricketts, Permanent Under-Secretary and Head of the Diplomatic Service; Sir Nigel Sheinwald, British Ambassador to the United States; Jack Straw MP, former Secretary of State for Justice and Lord Chancellor; and Gareth Thomas MP, Former Parliamentary Under-Secretary of State, Department for International Development colluded in a cover-up of HM Foreign and Commonwealth Office dereliction with Jeremy Dear, General Secretary, National Union of Journalists. |
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2006. Five international media and civil rights amicus curiae argued the case in Washington Supreme Court. In a unanimous finding by nine judges, the court reversed all Superior Court decisions which absolved the Journalist of wrongdoing. Mincoff and Dear suppressed publication of that finding by blocking access to a lawyer; consequently, the Mafia did not make reparations.
[Without Let or Hindrance] [Washington Supreme Court - Review] [Washington Supreme Court - Decision]
2008. NUJ/NEC held a kangaroo court to deny the member legal services in a further cover-up which included neglect to address Internet sabotage that caused £500,000.00 damage to web sites, computer equipment, and applications. [Cyber-Terrorists]
2009. Dear started a derogation campaign against the respondent for writing about NUJ dereliction and blocked hearing of other complaints which have still not received due process.
[Election Fraud] [Election Comments] [Election Cyber-Terrorism]
2010. Dear and Stanistreet originated and Fitzpatrick filed a complaint in Scotland (a devolved jurisdiction) which constituted an illegal act to cover up: media blackout; harassment; denial of legal support; and abuse of an elderly member now approaching seventy-seven years of age. [Correspondence]
Since the Acts of Union, in 1707, Scotland has retained a fundamentally different legal system from that of England and Wales although that union brought English influence upon Scots law. Suspicion and mistrust between the two countries prevented union for a hundred years. In England, fear that without union the Scots would side with France and rekindle the “Auld Alliance” allowed confederation. Financial “incentives” convinced Scottish MPs of the potential benefits of a union with England. In the words of Robert Burns, Scottish MPs were "bought and sold for English gold". In 1859, Alphonse Karr wrote: Plus ça change, plus c'est la même chose. [The more things change, the more they are the same.]
NUJ Prior Restraint
NUJ recently launched another prior restraint by Internet Denial-of-Service attack and more computer systems sabotage by NUJ officials and their proxies. Censorship by Jeremy Dear and Michelle Stanistreet is both illegal and immoral. If NUJ staff members wish to opt-out from receiving media releases, then they may individually apply to unsubscribe using the email address of the material that they received. The Journalist will not tolerate technological interference by Stanistreet and Dear with the free flow of information. NUJ members and staff have a right to know about crimes that could affect their employment.
Freedom of speech, an absolute right not an abstract philosophy, should not subserve economic considerations and political expedience. Moreover, information technology remains a right not a privilege despite technocratic claims to the contrary. Legislative and judicial decisions have determined the right of individuals to distribute information freely.
Laws do not provide much protection when Dear and Stanistreet interfere with computer resources because they disagree with the content of messages: a disagreement probably based upon disclosure of their own malfeasance. As anarchists, they fear dissent and have an aversion to controversy. Their addiction to political correctness frequently causes them to invoke censorship of Internet activities.
They not only empower their systems administrators to handle frivolous email complaints by arbitrarily removing computer access but also allow them to censor incoming mail - an outrageous invasion of personal privacy. They act upon an irrational expectation that certain categories of email may contain something that they would not wish others to read then arbitrarily reject it.
Interference with email transmission not specifically proscribed by international law classifies as a serious offence which National Union of Journalists officials should note. Due to interference with the free flow of @nuj.org.uk email, NUJ staff members will in future receive email under several aliases.
NUJ restored access to the member section upon publication of this article concurrent with the download of malware to Contra Cabal computers (04 Jun 10). Another two attempts to destroy systems occurred (05 Jun 10) identical to those that occurred upon publication of the last NUJ article (01 Apr 10). The cost of current repairs amounts to £1,500.00. The Journalist has informed Metropolitan Police, Computer Crime Unit of a continuing pattern or practice.
Jurisdiction and Devolution
In recent years, European law has affected Scots law under Treaty of Rome, European Convention on Human Rights, and establishment of a Scottish Parliament which acts within areas of legislative competence detailed by Scotland Act 1998. Arguably, substantial differences in evidentiary law affect the behavior of litigants under Scottish law to the detriment of NUJ members domiciled in England.
NUJ has tried to convene another totalitarian “kangaroo court” which has no place in a democracy. Historically, dictators have convened kangaroo courts, characterized by dishonesty or incompetence, to evade established legal procedures. NUJ officials have neither filed a formal complaint as a proceeding in a court of law to seek a legal remedy nor provided documents, supported their contentions, or furnished legal precedents.
Fitzpatrick has made assertions (emphatic declarations) unsubstantiated by facts and has assumed that wild and false accusations constitute evidence. NUJ officials have arbitrarily blocked access to member sections of NUJ web site by sabotaging access and creating a technological paradox. By that, they have prevented verification and validation of the statements in their complaint.
Derogation
Repeated insolent and evasive acts by NUJ officers, officials, and lawyers to members with legitimate complaints have established an illegal pattern or practice of derogation: communication that belittles and deviates or partially takes away the effectiveness of laws or rules. The number and frequency of those acts reveals an organized campaign (a pattern or practice). [Derogation] [Case Studies]
Wrongful use of language evades a responsibility to investigate both current and previous circumstances exhaustively and without bias. A pattern or practice defines as, and manifests in, two or more organized acts or instances which indicate ensuant activity. To establish a pattern, laws generally require at least two acts within a ten-year period which indicate ensuant activity and a distinctive pattern.
Stereotyping and prejudice against individuals or groups based upon their age legally defines as agism. The term describes discrimination against seniors patterned after, and equal to, sexism and racism. It evolves from a combination of prejudicial attitudes toward older people and the protocols that govern institutional practices and policies. Agism ranks as the most pervasive form of prejudice currently experienced within the UK.
Four NUJ officers resorted to ad hominem connected with this stitch-up to cover up their alleged criminal activity. They now classify as accessories before and after the fact to obstruction of due process by harassing the complainant then perverting justice on outstanding complaints in a consort with Roy M Mincoff, NUJ In-house Solicitor:
James John Doherty,
Former NUJ President
National Executive Council Officer
Member NUJ Glasgow Branch
Doherty, former NUJ President, in a consort with Mincoff, convened an NEC kangaroo court to dismiss a complaint then denied an appeal. When the respondent attended the AGM in Southport (2009) in an endeavor to address some of the issues, Doherty consorted with Dear to prevent his rightful entry into the meeting room. Dear and Aidan White, IFJ General Secretary then arbitrarily removed his international press card leaving him vulnerable when on assignment abroad.
Jim Humphries
Former Secretary, London Central Branch, NUJ.
Member NUJ London Central Branch
Despite encouraging letters addressed to the Journalist by NUJ/IFJ members, Humphries chose to send a defamatory message in a similar vein to those received from other officials and officers as part of a campaign of derogation. In an incoherent, abusive diatribe, he accused the respondent of being “just plain mad!”
David Rotchelle
Chair, London Freelance Branch
Philip Sutcliffe
Vice-Chair, London Freelance Branch
National Executive Council Officer
Rotchelle has for several years, in a consort with Sutcliffe, denied due process to the respondent. At ADM 2009 in Southport, Rotchelle “stalked” the respondent to observe with whom he conversed. The respondent belongs to London Freelance Branch.
Officers of both Glasgow and London Central branches have insinuated themselves into the railroading (coercion by threats or crude means) while complaints lodged against officers or former officers of those branches have not received due process. Consequently, the member has no case to answer and any hearings, acts, or adjudication by NUJ Scottish Office and/or NUJ Glasgow Branch, automatically become moot as officers must recuse themselves for lack of neutrality.
Officials or officers of other branches engaged in similar harassment; however, Dear has not yet addressed those instances of harassment. Instead, he has vilified the respondent and included the harassers in his railroading campaign. NUJ officers have resorted to further ad hominem in a massive cover-up of criminal activity allegedly orchestrated by Dear, Stanistreet also NUJ officials and staff members.
Legal Procedure
NUJ cannot legally bring a complaint before complaints on associated issues have received due process of law and adjudication. Moreover, jurisdictional issues must receive a determination by a qualified solicitor before commencing a hearing. Roy M Mincoff, NUJ In-house Solicitor and Claire S Kirby, Thompsons Solicitors (both under investigation for professional misconduct on related issues by Solicitors Regulation Authority) must recuse themselves from acting for NUJ in any way regarding those issues.
English common law supercedes National Union of Journalists (NUJ) rules. NUJ can apply to the court for an order to examine a NUJ member then a court-appointed examiner can depose that member before a hearing takes place. However, no right of oral examination of opposing parties in civil litigation exists in England although some jurisdictions recognize an affidavit as a form of deposition.
The term “deposition” means out-of-court testimony which litigants gather in preparation for trial and reduce to writing for later use in court or for discovery purposes. That process usually takes place after pleadings and requests for particulars by exchange of affidavits and answers to interrogatories. Sometimes that exchange takes place before trial; however, the first opportunity to question an opposing party in most lawsuits takes place at trial.
After filing a complaint with the court, interrogation requires an order for examination on oath before a judge, an examiner of the court, or such other person as the court appoints. After granting that order, evidence obtained as affidavits or in answer to interrogatories classifies as a deposition.
The order may require the production of documents which the court considers necessary and must state the date, time, and place for examination. At the time of service of the order NUJ must offer to pay the deponent a sum reasonably sufficient to cover expenses in travelling to and from the place of examination also compensation for loss of time.
Where a court makes an order for deposition, it may also order the party obtaining the order to file a witness statement or witness summary of the evidence required from the deponent. A party who obtains an order for examining a deponent before a court examiner must first provide copies of all documents necessary to inform the examiner of the issues.
To ensure accuracy of the deponent’s evidence, the court or the examiner may permit recording of it on audiotape or videotape; however, the written deposition must always result from the employment of a competent shorthand writer or stenographer. The examiner may then record word for word any particular questions and answers which appear to him to have special importance.
Process Service
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Without prior notice or discussion the respondent received an email message and attachment from two people he did not know who used a false email alias. They claimed to be Deedee Cuddihy, Glasgow Branch Secretary and John Matthews, Glasgow Branch Chair. NUJ records show Ruth Allen, Glasgow Branch Chair and John Matthews, Vice-Chair of NUJ Glasgow Branch although Matthews claims the title Glasgow Branch Chair.
Similarly, those records show Joan MacDonald, Glasgow Branch Secretary not Cuddihy. Matthews neglected to respond to three clarification requests to provide a copy of the branch minutes that elected/appointed him Chair and Cuddihy Branch Secretary. Paul Holleran, NUJ Scottish Organiser also neglected to respond to issues that have now become his personal responsibility. [Correspondence]
Cuddihy and Matthews sent their message using a fraudulent "no response" email address which made it impossible to reply (they later changed the setting so that the server accepted incoming email). They persist in sending unwanted email messages using an alias and without a subject line despite an admonition that all NUJ email correspondence and attachments must originate on the registered NUJ email server @nuj.org.uk; otherwise, it will automatically be treated as junk mail. They concurrently must send a signed copy to a designated Royal Mail PO Box number (received 28 May 10). Pseudonyms, unregistered email addresses, and proxies can form no part of an NUJ or legal proceeding.
Cuddihy and Matthews claimed that NUJ Glasgow Branch received a request to undertake an investigation without naming the person requesting it. They submitted, without any substantiation, an unlawful, garbled complaint on behalf of the Officers' Chapel of the NUJ. That complaint, written by Fitzpatrick, cited NUJ Rules 2009 then took Appendix C, Paragraphs 6, 4, and 12(vi) out of context by not stating a specific rule or rules to which those paragraphs applied. By that, they rendered the whole complaint ambiguous and legally insignificant.
Excerpts - NUJ Rules, Appendix C - Disciplinary Proceedings.
(4) If the respondent is a member of another branch the General Secretary shall be notified by the complainants branch and s/he will endeavour to select a neutral branch to decide whether a case has been made out for examination by the NEC.
(6) Complaints alleging that a member has behaved in a manner detrimental to the interests of the union or of the profession of journalism shall be dealt with by the NEC or at its discretion by a complaints committee of NEC [National Executive Council], IEC [Irish Executive Council], SEC [Scottish Executive Council] or WEC [Welsh Executive Council].
(12.vi) The secretary of the branch hearing the case shall invite written depositions from the complainant, respondent, witnesses and any other relevant parties. On consideration of these written depositions a decision will be taken as to whether or not a case has been made out for examination by the NEC.
The email message and attachment contained a complaint evidently initiated by Jeremy Dear and Michelle Stanistreet. By that, Cuddihy and Matthews allegedly committed Internet fraud and joined an illegal harassment campaign against an elderly person. Their action constitutes conspiracy to defraud an NUJ member and supports a criminal complaint against Cuddihy and Matthews to Glasgow Police and adding Barry Fitzpatrick, Dear, and Stanistreet to pending complaints to Metropolitan Police for alleged conspiracy to defraud.
Duty of Care to NUJ Members
If Jeremy Dear, NUJ General Secretary; Michelle Stanistreet, Deputy General Secretary and other officials and officers of National Union of Journalists rendered the support and legal services that members pay them to provide, then this web site would not exist. Instead, they denied due process to members and involved themselves in political splinter groups, primarily NUJ-Left. They have run external political campaigns to support extremist groups to the detriment of member services in violation of NUJ rules and laws governing trade unions. By that, they have repeatedly violated their duty of care to NUJ members.
NUJ officials and staff must maintain a high-level duty of care which means that they must not commit any act that could harm members. If they do not satisfactorily meet that standard, then they have a legal obligation to consider those adversely affected by acts or omissions and to make reparation. That obligation forms part of the fiduciary duty owed by all trade union officials and their staff to members. The standard that they maintain must reach at least the level of responsibility that a sensible person upholds. They must also exercise reasonable care to protect member interests from harm by others.
The term “duty of care” has fiduciary significance and wide legal interpretation for trade unions. In particular, it describes an obligation imposed by law (tort in UK or delict in Scotland) which applies to NUJ officials and staff. Those laws require conduct and consideration which insures that members do not suffer from wrongdoing or unjust actions. Officials must not by law violate member rights through willful blindness or negligence.
Referrals to police in several jurisdictions allege criminal activity under: Trade Union and Labour Relations (Consolidation) Act 1992; Solicitors' Code of Conduct 2007; Solicitors Act 1974; Administration of Justice Act 1985; Courts and Legal Services Act 1990; Fraud Act 2006; Employment Equality (Age) Regulations 2006; Vienna Convention on Consular Relations and Universal Declaration of Human Rights.
Those investigations involve an alleged pattern or practice of illegal or criminal activity by: National Union of Journalists (NUJ) officials, lawyers, and staff; National Executive Council (NEC) officers; also London Freelance Branch and Glasgow Branch officers. Strathclyde Police assigned an Inspector to conduct initial investigations into the allegations contained in an incident referral (15 Jun 10). Metropolitan Police confirmed assignment of a Detective Chief Inspector to investigate the most recent incident referral (25 Jun 10). Both referrals cite NUJ officials and staff for alleged crimes. [NUJ Stitch-up - Abuse of Process]
Conclusion
Fitzpatrick published lies including claims that NUJ provided support when in fact it denied it. He made a series of false and misleading assertions not supported by facts and actionable in law allegedly with malice aforethought. He does not posses solicitor’s credentials, and has acted in behalf of NUJ officials in an attempt to quash criminal complaints without due process of law. By that, he has arguably made himself an accessory after the fact to criminal activity as an unqualified solicitor.
Fitzpatrick conveniently omitted to say in his complaint that he had neither acknowledged previous correspondence nor provided a curriculum vitae that included details of the schools and/or universities that he attended, diplomas and/or degrees earned, and a list of work experience. Neither did he provide copies of the minutes that recorded his appointment as FoC, NUJ Officials Chapel and the regulations that govern that chapel nor a copy of his employment contract and details of the salary that he receives in that position. Dear and Stanistreet have not responded to myriad requests for documents and Fitzpatrick supplied no documents to support the assertions that he made in the complaint. [Correspondence]
Fitzpatrick received a prepublication notice, as did all people mentioned in the complaint, that personal information about them would appear in an upcoming issue of Club Journoscam, Contra Cabal. The author gave notice following the international codes of ethics agreed among journalists to all people about whom he writes negatively. Several of those codes, tested in international courts, have legal precedent. [Prepublication Notice]
The prepublication notice gave featured individuals a chance to respond to charges affecting their ethics or moral character. People named incidentally received a copy as a courtesy. For public accountability, the author encouraged them to respond in open exchange before a deadline. He did not solicit personal opinions and requested only matters of fact. After three requests, neither Fitzpatrick nor other named people responded to the opportunity to mitigate.
Stanistreet insinuated herself into the dialog by responding to a copy of Cuddihy correspondence. By that, she opened the door to insistence that she act as the prime contact in an alleged stitch-up and railroading which she evidently orchestrated in a consort with Jeremy Dear, NUJ General Secretary. By sending an email message as an NUJ official using an NUJ server and as one of the perpetrators of an alleged fraud, Stanistreet effectively accepted responsibility and culpability for herself and Dear.
The respondent has no case to answer until NUJ addresses outstanding complaints by the respondent against NUJ officials and officers and files any charges that it wishes to make against the respondent with a court in England. Therefore, any representations in the attached correspondence become moot: they have no legal significance. A full and independent public inquiry must take place before any further action takes place on these issues.
Dear and Mincoff denied member services to the respondent for four years at a cost and losses to the member of over £1,000,000.00. In a consort with government officials, they orchestrated a harassment campaign in which Stanistreet and Fitzpatrick now participate.
Fitzpatrick denied civil and human rights to an NUJ member then neglected to mitigate those circumstances. With other NUJ officers he acts totally out of control. NUJ officials concern themselves more with overseas junkets and illegal involvement in political splinter groups to the detriment of all members despite a £4,000,000.00 loss during fiscal year 2009. [NUJ Annual Returns]
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Justice relies upon principles and procedures founded in law and precedent; otherwise, a state of anarchy exists which has no place in a democracy. Member apathy and anarchy has resulted in an extreme left splinter group (NUJ-Left). Choreographed by a dangerously psychopathic (sociopathic) general secretary and a rogue lawyer, out-of-control NUJ officials and officers with a total disregard for rules, law, and mandated procedures prevent any resolution of legitimate complaints. Having exhausted all avenues to subvert NUJ rules and UK law, they have resorted to judicial arbitrage. [Anarchistic Arbitrage]
The only remedy left which allows NUJ to return to its basic purpose of supporting journalists lies in an independent public inquiry with a view to impeachment of Dear and Stanistreet. That would stop appointment of NUJ officials by patronage and machination and institute compulsory and democratic balloting based upon candidates with integrity, education, skills, and work experience.
The cost of responding to current malicious barratry (the offence of vexatiously persisting in inciting lawsuits and quarrels) amounts to £15,050.00 which the respondent has charged to NUJ. Dear and Stanistreet have ignored several requests for payment which will soon be subjected to a recovery process. Meanwhile, ongoing intentional tort has increased that amount to £60,050.00 and costs continue to mount incrementally. [Invoice] [Barratry]
Paul Trummel.
This credential information counters false and misleading information published by Jeremy Dear, NUJ General Secretary:
Paul Trummel PhD (RPI ABD), PhD (UW ABD), MS (RPI), MSc (UK), BSc (UK)
UK equivalencies in graphic communication recognized by Boston University, Northeastern University, Rochester Institute of Technology, Fitchburg State College, San Jose State University, Rensselaer Polytechnic Institute, and University of Washington with comparability twice certified by International Education Research Foundation (IERF), a credential evaluation service accredited by US Department of Education
Associate Professor, Communication and Rhetoric (Retired)
Special Doctor of Philosophy Program (SPhD), University of Washington
Fellow, International Society of Typographic Designers (FISTD)
Fellow, Institute of Paper Printing and Publishing (FIOP)
Member, Society of Authors, London
International Federation of Journalists, Brussels (International Press Card)
International Press Card arbitrarily and fraudulently cancelled 2009 after many years by Jeremy Dear and Aidan White without cause or due process under NUJ/IFJ rules.
National Union of Journalists, London (UK Press Card)
[Nmesis]
See Portable Document File (PDF) for citations and definitions
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NUJ/LFB Member Paul Trummel has written hundreds of articles on corporate, union, senior and academic abuse, and institutionalized racism. He founded Contra Cabal (one of the first electronic magazines to appear on the web) for which he develops the site, writes articles, designs pages, and produces graphics. Published in print since 1944 and on the web since 1992, without a single challenge to the authenticity of his reporting, he has spent sixty years as a trade union member and elected delegate, twenty years as a new media industry CEO and systems designer/consultant, and thirty years as a post-graduate professor teaching computer industry executives and students of journalism, law, and graphic design working on masters or doctoral degrees. He has attended or chaired hundreds of faculty and trade union committee meetings including national conventions. The web sites contain articles and descriptions of unlawful prior restraints and abrogation of journalism rights also details of imprisonment and ongoing Internet harassment using denial-of-service attacks. Probably one of the first sites of its type to appear on the web, Contra Cabal has published since 1992. Club JournoScam - Academic Corruption - Elder Abuse - Archives - Contra Cabal Foundation Ltd. Articles cover criminal activity by bureaucrats, union officials, and abusers of elderly people. They describe the actions of corrupt judges and gross misconduct by lawyers who file frivolous law suits against tenants in government financially-assisted housing. They reveal how people in authority use retaliatory measures and propaganda to destroy the reputations of people who report illegal activity and racism. Details of academic credentials and professional qualifications counter record falsification, withholding, and destruction, also forgery by registrars at Rensselaer Polytechnic Institute and University of Washington. Some articles challenge libel/slander maliciously circulated as part of an international campaign of character assassination, personal vilification, subornation, and perjury to effect prior restraint. Jeremy Dear, NUJ General Secretary recently joined in that defamation. He muckraked to find and extract libelous statements and used them out of context. That suited his purpose to defame the author and to cover-up his eight-year neglect to support him on issues that affect all journalists. NUJ media blackouts cover up his dereliction. Roy Martin Mincoff (NUJ in-house solicitor) negotiated a £262,000.00 quid pro quo between NUJ and the author's member of parliament, Gareth R Thomas MP (Harrow West), Minister of State, Department for International Development in a distinct conflict of interest. Both Mincoff and his predecessor Claire S Kirby (Thompsons Solicitors, Cardiff) are under investigation by Regulation Authority for professional misconduct. Criminal complaints are pending against NUJ officials and NEC officers for fraud and neglect to provide member services. The author's professional and academic credentials and curriculum vitae (about fifty pages) can be accessed from the menus at the top of each page. Anyone with an ethical reason can ask for verification and validation of any of the claims made on those pages. [Curriculum Vitae - Introduction] [Academic Qualifications] Paul Trummel PhD (RPI ABD), PhD (UW ABD), MS (RPI), MSc (UK), BSc (UK) Associate Professor, Communication and Rhetoric (Retired)
UK/EU law firms with US associates or Washington State law firms with UK/EU associates interested in acting for Contra Cabal Foundation Limited in several tort actions against organizations described on Contra Cabal web pages should contact: Paul Trummel Paul Trummel <trummel@contracabal.eu>
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Paul Trummel, Professor Emeritus Web Sites: Club JournoScam - Academic Corruption - Elder Abuse - Archives
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