Perverting the Course of Justice - Kangaroo Courts
Jeremy Dear, Claire S Kirby, Roy M Mincoff and Peter Murray
From each according to their inabilities, to each according to their greed.
Preamble
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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. NUJ member apathy and anarchy has resulted in illegal actions by an extreme left splinter group (NUJ-Left). NUJ officials and officers use railroading techniques and kangaroo courts with a total disregard for rules, law, and mandated procedures. They have prevented resolution of complaints by ignoring conciliation processes and denying due process of law. [NEC Railroading - Case Study]
Jeremy Dear, General Secretary, National Union of Journalists (NUJ) et alia, and successive rogue In-house Solicitors Claire Susan Kirby (Thompsons Solicitors, Cardiff) and Roy Martin Mincoff repeatedly conspired with others to pervert the course of justice through railroading, anarchistic arbitrage and use of kangaroo courts, thereby establishing malicious intent.
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Peter Murray, President, NUJ National Executive Council has now tried to intimidate a witness by arbitrarily expelling him from NUJ membership. He cited NUJ Rule 24 Disciplinary Proceedings, a rule not in evidence, as his authority. He wrote:
This is to advise you that following a hearing by a panel of NUJ members called under the union's disciplinary procedures, which concluded that you are guilty of conduct detrimental to the union, in accordance with those procedures the union's National Executive considered a report from the panel and has upheld its recommendation. You are thereby expelled from the National Union of Journalists.
Murray ignored the fact that five police divisions and other law enforcement agencies have NUJ officials and officers under investigation for alleged criminal activity which makes the issues effectively sub judice pending action by Crown Prosecution Service (CPS) and a court ruling.
Murray has joined Dear and Mincoff in a conspiracy to commit serious criminal offences in UK and Irish jurisdictions. A common law offence, perverting the course of justice carries a maximum sentence of life imprisonment. It can include any of three acts: fabricating or disposing of evidence; intimidating or threatening a witness or juror; and intimidating or threatening a judge. [Abuse of Process]
Railroading denies due process of law by forcing rapid litigation to prevent careful consideration and criticism. It allows conviction of an accused person without a fair trial on trumped-up charges. That procedure dragoons or compels, subjugates, and persecutes by coercion, threats, and imprisonment. Railroading forms an essential part of most kangaroo court procedures.
Both Dear and his FOC Barry Fitzpatrick, NUJ Officials Chapel completely ignored NUJ Rules then fabricated evidence to support a kangaroo court. They consistently referred to Appendix C without citing a specific rule. By that, they arguably broadened the scope of the appendices to allow use of them by members in a general context.
If an NUJ official has a disciplinary complaint against a member for alleged conduct detrimental to the interests of the union, then he must follow NUJ procedures. Before the current hearing, Dear did not file a complaint with NUJ Ethics Council (EC) within six months of the alleged occurrence. Instead, he filed a malicious complaint directly with NUJ National Executive Council (NEC) which he controls politically although NUJ rules call for hearings by neutral parties. By that, he denied natural justice. [Natural Justice]
If a member files a complaint directly with EC or NEC, then those bodies must try to settle the issues by conciliation Should attempts at conciliation fail, then NEC may decide to hold a formal hearing. Dear’s refusal or neglect to conciliate shows a deliberate attempt to harass an elderly member by using railroading techniques and convening kangaroo courts. By that, Dear perverted the course of justice. He has repeatedly evaded conciliation processes and frustrated a public inquiry; therefore, the alleged offences can only receive due process in a criminal court.
Précis
Jeremy Dear, General Secretary, and successive rogue in-house solicitors Claire Susan Kirby (Thompsons Solicitors, Cardiff) and Roy Martin Mincoff National Union of Journalists (NUJ) have for eight years used kangaroo courts to deny union support and rights to members which defines as fraud to pervert the course of justice. Criminal complaints pend against NUJ officials and officers currently under investigation by law enforcement agencies for fraud and neglect to provide member services.
Fitzpatrick has made assertions (emphatic declarations) unsubstantiated by facts and has assumed that making wild and false accusations constitutes 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. Their actions now await investigation by law enforcement authorities. [A Patent Stitch-up]
Both Kirby and Mincoff, presently under investigation by Solicitors Regulation Authority for criminal activity and professional misconduct, have at Dear’s instigation conducted a series of kangaroo courts in violation of law with intent to defraud several members. The Law Society, Legal Complaints Service (LCS) found probable cause that Kirby and Mincoff committed professional misconduct and initiated action by Solicitors Regulation Authority (SRA) related to the same issues.
Mincoff has since delayed LCS and SRA resolution processes by providing false and misleading information and withholding documents necessary for adjudicating authorities to reach a conclusion in several NUJ branches. He has also filed false and misleading malicious criminal complaints against an NUJ member with Metropolitan (Camden) police division which effectively supported threats of grievous bodily harm against that member by an NUJ officer. Those malicious complaints will form part of an addendum to the original SRA complaint.
Those malicious complaints contained frivolous criminal allegations in an unlawful retaliation for filing complaints against NUJ. Those allegations exposed the member to risk of arrest, imprisonment pending trial, and possible wrongful conviction and sentence. By that, NUJ attempted either to preempt or to evade police investigation of criminal referrals already recorded against them, thereby perverting the course of justice.
Mincoff continues to support Jeremy Dear, NUJ General Secretary; Michelle Stanistreet, NUJ Deputy General Secretary; Barry Fitzpatrick, NUJ Head of Publishing and Paul Holleran, NUJ Scottish Organiser in alleged criminal harassment that forms a basis for both Strathclyde (15 Jun 10) and Metropolitan (Camden) (25 Jun 10) police referrals. Those police divisions have procrastinated after machination by NUJ and the issues now pend referral to Police Complaints Commissioner for Scotland (PCCS) and Independent Police Complaints Commission (IPCC) respectively.
With full knowledge of the imminent jailing of an NUJ member without trial or legal counsel, Dear and Kirby delayed then denied solidarity and support guaranteed by Trade Union and Labour Relations (Consolidation) Act 1992, Vienna Convention and other international laws. By that, they allowed a US mafia to silence an NUJ member after he exposed crimes in Seattle.
That mafia filed false and malicious criminal charges against the member with police which resulted in him going to jail for 111 days where guards tortured him when he wrote articles that exposed mafia crimes. Later, nine judges in Washington Supreme Court unanimously absolved him of any wrongdoing. [Without Let or Hindrance]
NUJ has provided no reason why Dear and Kirby neglected their duty of care to act with UK Consul to have the member immediately released from jail on grounds of habeas corpus and no case to answer. By that, they both committed criminal negligence which endangered the life of an NUJ member. Neither Dear nor Kirby have refuted those assertions.
Habeas corpus originated in the English legal system. It allows release of a prisoner from unlawful detention and applies in many international jurisdictions. Historically an important legal instrument, it safeguards individual freedom against arbitrary state action. NUJ took no action to file a writ of habeas corpus then a public defender acting pro bono in Washington State mitigated the damage and NUJ neglect.
In a distinct conflict of interest that covered up HM Foreign and Commonwealth Office (FCO) dereliction and further prejudiced the member, Dear and Mincoff negotiated a £262,000.00 quid pro quo between NUJ Gareth R Thomas MP (Harrow West), formerly Minister of State, Department for International Development. NUJ used that payoff for illegal purposes and intimidated members in a cover-up of crimes and dereliction committed by both NUJ and FCO. That intimidation involved a series of unlawful kangaroo courts convened at NUJ Branch and National Executive Council levels. [Quid Pro Quo] [John Pilger - New Statesman] [The Journalist]
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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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During the ensuing eight years, the member suffered five instances of physical assault and threats to cause grievous bodily harm associated with NUJ. Reported to UK police, those acts of criminal negligence and endangerment to life did not receive proper investigation due to police officers allegedly maintaining a blue code of silence in consort with NUJ officials and Mincoff.
Christopher Graham Wheal, an NUJ officer, used an unprovoked and dastardly email attack to threaten more grievous bodily harm (17 Jul 10) against the NUJ member now seventy-seven years of age. Metropolitan Police (Lewisham) has now received a complaint claiming that Wheal committed a criminal offence by threatening grievous bodily harm in violation of Protection from Harassment Act 1997, Section 4.
Wheal financially benefitted from the government quid pro quo. Dear has since unlawfully withheld accounting documents to conceal the extent of financial benefits from that “educational grant” received by Wheal and other extreme left-wing sycophants. A forensic audit of NUJ accounts as part of a public inquiry has now become essential for the public good.
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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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Kangaroo Courts
Participants in biased court hearings or committee meetings that hand down foregone conclusions which totally disregard individual and human rights, have no legal basis, violate established legal processes, and deny due process of law for political expedience. They conduct hearings without regard to the rights of one or both parties. Decisions result from foregone conclusions made in secret and based upon political or personal bias.
Historically, dictators have convened kangaroo courts, characterized by dishonesty or incompetence, to evade established legal procedures. The term “kangaroo courts” defines irregular and unlawful assemblies that conduct disciplinary or judicial proceedings. In this case, it refers to sham proceedings in contravention of NUJ Rules held in violation of Trade Union and Labour Relations (Consolidation) Act 1992.
Characterized by dishonesty or incompetence, kangaroo courts violate rules, laws, legal precedents and established procedures. Usually held in absentia, they render decisions or opinions without evidence, legal argument, or written briefs. In contrast, genuine hearings state facts and points of law or legal precedents which must go before a legally constituted court or disciplinary committee to argue why either party to the issues should prevail.
National Union of Journalists (NUJ) officials, officers, and in-house lawyers frequently use kangaroo courts to deny due process and to cover up their own crimes or incompetence that legitimate hearings would expose. They essentially determine an outcome in advance either by going through the motions of a manipulated procedure based upon an elaborately scripted event intended to appear fair while having the outcome predetermined from the start.
These proceedings deny due process by denying rights: to cross-examine witnesses; to exclude secret testimony; to challenge hearsay and irrelevant or inherently inadmissible evidence; and, to file an appeal. Journalists, whose only transgression probably relates to exercise of freedom of expression, do not have access to minutes or other records that would enable them to appeal findings held in absentia.
Franz Kafka (1883-1924) in The Trial aptly described the kangaroo courts and anarchistic professional misconduct in which Mincoff indulges while fabricating “evidence” which Dear regularly uses within NUJ:
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"There can be no doubt." said K., quite softly, for he was elated by the breathless attention of the meeting; in that stillness a subdued hum was audible which was more exciting than the wildest applause "there can be no doubt that behind all the actions of this court of justice, that is to say in my case, behind my arrest and today's interrogation, there is a great organization at work. An organization which not only employs corrupt warders, oafish inspectors, and examining magistrates of whom the best that can be said is that they recognize their own limitations, but also has at its disposal a judicial hierarchy of high, indeed of the highest rank, with an indispensable and numerous retinue of servants, clerks, police, and other assistants, perhaps even hangmen, I do not shrink from that word. And the significance of this great organization, gentlemen? It consists in this, that innocent persons are accused of guilt, and senseless proceedings are put in motion against them, mostly without effect, it is true, as in my own case. But considering the senselessness of the whole, how is it possible for the higher ranks to prevent gross corruption in their agents? It is impossible. Even the highest judge in this organization cannot resist it.”
In England and Wales, briefs support legal argument when the purpose of the law in a particular application in dispute requires clarification by a barrister. When presented at trial to resolve a disputed point of evidence they become trial briefs. The brief or memorandum establishes the legal argument for the party, explains why the reviewing court should affirm or reverse a lower court's judgment based on legal precedent and citations to the controlling cases or statutory law.
Kangaroo courts delay justice then deny it by effectively silencing dissenters to favor politically-motivated decision making. NUJ recently used a kangaroo court to extend and condone unlawful activities. Misleading statements published by Mincoff as "legal briefs" and ratified by Dear have no standing in law neither do they follow SRA or TUC precedents. SRA will probably find further grounds for censure or disbarment proceedings which will incur considerable fines against Mincoff (and by association censure of Dear as his supervisor) based upon content of claims that NUJ published.
Kangaroo courts deny due process of law for political expedience which includes rights: to control one's own defense or to present one’s own motion; to exclude improperly obtained, irrelevant, or inherently inadmissible evidence; to disqualify officials on the grounds of partiality or conflict of interest; and an appeal. Kangaroo hearings frequently delay justice and by that delay deny justice.
As a result of two of Mincoff’s prejudiced, biased, false, and misleading “legal briefs”, Dear now bears joint and several liability with him for criminal negligence. Two issues now require immediate attention - the civil intentional tort and criminal Internet investigation contingent upon it. Metropolitan Police employed a specialist to inquire into the Internet crimes and lawyers have already established that EU jurisdiction applies in that case.
According to police, criminal investigation of Internet crime requires concurrent civil action. That action costs NUJ nothing due to the favorable Washington supreme court decision which permits contingent fees - lawyer fees paid only upon a satisfactory intentional tort settlement. Dear has delayed addressing the issues and wasted any time allowed for a reasoned proposal and an offer that addresses the issues; therefore he leaves no alternative but for further criminal complaints and investigation under rules promulgated by Solicitors Regulation Authority (SRA) and Trades Union Congress (TUC) mandates.
Trades Union Congress (TUC) mandates that general conduct and procedures at meetings predicate upon principles first published in 1939 (revised 1982) which govern UK trade union conduct at national, regional and local branch level meetings. Those rules do not allow officials and in-house solicitors to convene kangaroo courts for political expedience or elected or appointed union officers to chill free speech by gagging committee members.
NUJ rules and procedures require investigation of disciplinary issues by NUJ Ethics Council. If after due inquiry the Ethics Council finds a member guilty of a breach of the union’s code of conduct, then it may reprimand the member or refer the matter to the NEC with a recommendation to impose one or more penalties. Christopher Frost, Chair, Ethics Council, although advised of unlawful procedures, did nothing to correct the rules infraction.
Glasgow Branch then proceeded with an unlawful hearing and did not provide: notice of the hearing; documents substantiating their claims; reference to the NUJ rule under which they brought charges; minutes of relevant issues; and, names of hearing participants. By that, they extended a campaign of harassment of an NUJ member to a seemingly unprecedented level.
In consort with Dear, Glasgow Branch convened a kangaroo court to unlawfully railroad a member of another NUJ branch in violation of NUJ Rules 2010 and Scottish law then referred the complaint to National Executive Council (NEC) for disciplinary action. By that, NEC officers fudged grievance procedures meant to handle complaints by convening a hearing which prevented a member from attending to argue his case.
In UK, the Information Commissioner’s Office (ICO) acts as the independent authority set up to uphold information rights in the public interest, promoting openness by public bodies and data privacy for individuals. Mincoff claimed lawyer/client confidentiality privileges (to which he presently does not have entitlement) then claimed that Data Protection Act (DPA) precluded everything that he did not want to release and refused to substantiate his contention. When challenged, he claimed that findings by the Information Commissioner supported his assertions then refused to provide copies of those findings claiming protection under DPA!
In other hearings, Mincoff should have recused himself for conflict of interest as the issues affected him personally. Instead, he acted as his own lawyer, judge, and jury and found himself not guilty. He then withheld minutes and documents until time expired for appeals to NUJ National Executive Council. Successive NUJ in-house solicitors, now under investigation by Solicitors Regulation Authority (SRA), could receive punishment by large fines and disbarment. The Certification Officer also has a complaint pending against NUJ officials which relates to document withholding in violation of Trade Union and Labour Relations (Consolidation) Act 1992.
In view of alleged negative and unprofessional behavior by successive in-house solicitors, a member asked Dear to quash false and misleading briefs prepared by Mincoff and to instruct him to recuse himself by not participating in any negotiations at any level relating to that member.
Dear did not quash the false and misleading documents as biased and prejudicial; instead, he supported their placement on the agenda of an NEC kangaroo hearing. By that premeditated action, Dear criminally prejudiced the livelihood of the member and placed him at risk of bodily harm which later manifested in actual grievous bodily harm and additional threats of harm by an NUJ officer.
Mincoff then held a kangaroo court to address the accusations against him. He found himself not guilty of any wrongdoing, did not address the content of the proposal, and arbitrarily wrote another opinion which he withheld long enough to prevent an appeal to the National Executive Council.
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Sixty Years Solidarity now Corruption and Derogation |
Letters to the Editor Letters should not exceed 250 words. Preference given to letters about articles published in Contra Cabal - JournoScam
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buzzard. Avaricious and rapacious lawyer who fraudulently denies support to dues-paying members. parrot. Imitates legal terms and actions without understanding them. |
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Conclusion
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The issues now include criminal harassment, elder abuse, grievous bodily harm, and denial of member rights through fraud and deceit: all criminal complaints now referred to several police divisions for action with a request to government for a public inquiry. That public inquiry should not only address those issues but also order a forensic audit of NUJ accounts to verify misappropriation of member funds used for extremist political purposes and unlawful remuneration of officers and some members. [Public Inquiry]
[Strathclyde Police Referral] [Metropolitan Police Referral]
Misappropriation during NUJ fiscal year 2009 (a time of recession and unemployment with reduced NUJ membership) resulted in a £4 million asset loss and a decision to increase member dues. An independent forensic audit for the past five years would probably show that many officers are making a living by using loopholes in NUJ rules. Those rules allow for remuneration for loss of earnings by freelance members. They also allow payments to unqualified, uncertified officers and members teaching suspect training/education programs for exorbitant fees charged back to neophyte members and journalism wannabes. [NUJ Annual Returns] [Mincoff’s Flying Circus]
Dear convened an anarchistic arbitrage which has no place in a democracy. 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. Instead, they have denied an NUJ member his right to natural justice and perverted the course of justice by using unlawful, fraudulent kangaroo courts to delay and deny due process of law. By that, they dispensed with any defence or argument about civil proceedings and placed the issues firmly in the criminal domain. [Abuse of Process]
[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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