Wednesday 26 March 2014

Britain’s Pro- fraud Laws of Britain and Impact on fraud cases

by Farzana Haque

It is hard to understand how the following laws ever came to be approved by Parliament,.. perhaps the laws escaped the scrutiny of Parliament because the
job was given to a few people instead.  The rules listed below have defaced the face of justice and has most certainly given a big boost to corruption and judicial fraud and enabled targeted discrimination.  Unscrupulous decisions of judges are stopped from review by the following rules:

1) Judges no longer have to explain their orders and judgments, this means that transparency and accountability has been removed. So if we ask them about an irregular element of their decision, we no longer get an answer.

2) Discretionary powers have become extensive. Discretion secretly enables discrimination.  Discretion means that an intermediary has been wedged between the law and the citizen, so that the citizen has to plead according to the human intercessor’s personal gratification rules rather than the law.

3) They have made appeals harder; they have added subjective and authoritarian steps, like permission to appeal (even in small claims court), and removed independent review of the appeal by giving the offending judge the power to decide the permission knowing that it is unnatural for an offending judge to give permission. Permission to appeal step takes away power from the citizen and the applicability of law over to the human intercessor so that the human decides by way of subjectivity and their personal whims rather than by rights or law.

4) Previously, the Defendants were not part of appeals, now they are, the purpose is to allow them to cause physical disruption, reduced speaking times for Claimants and additional cost to victims for trying to appeal. 

5)  Costs are not recoverable in small claims court (but the small claims band limit has been increased to £10,000, so it is not so small and therefore it covers a larger range of the population).  This rule is very “pro-fraud” because it means that the victim bears extra legal expense and trouble to bring uncooperative fraudsters to court but as the fraudster only incurs the cost of the original debt, they are able to come to defend just for fun, to cause costs without incurring any cost themselves as revenge to victims, however it takes a fraudulent judiciary to allow their frivolous and vexatious defence with the intention of not allowing cost relief to the victims. 

6) On 14Jan2013, BBC Parliament channel showed the debate over reforms to the “Crime and Courts Bill”.  On this debate there was a mention about unifying the courts but no one gave an explanation about it and I was confused at first since it would be impractical to merge all court buildings into one building, so then it must have meant “Unified Judiciary”.  A Unified Judiciary concept will totally wipe out independent review concept.  Unified Judiciary means that a judge is no longer free to have a different observation on the evidence of a case or conclude with a different opinion, as they must be seen “Unified”.  So this rule will further suppress freedom of thought and expression, thereby strengthen and disguise any unscrupulous judicial ruling, rather than bring it to accountability.  

(7) The idea that a case does not have to be heard at all is an extension of discretionary powers and its aim is to avoid evidence. The consequence is obvious, it leaves the victims’ harm done to become worsened or remain ongoing.  This concept has had a profound effect on the general integrity of the characters running the justice system as they no longer feel an obligation to do justice.

(8)  Unscrupulous judges can thus avoid evidence by cherry picking or select snippets of information and partial sentences out of context to suit their preferred outcome. 

(9)  Likewise, the use of the term, “No Prospect of Success” is often fraudulently used to prevent appeals or to avoid transparency behind an order or judgment where the evidence is not liked.  “No Prospect of Success” is a forecast that someone else will agree with their outcome, but how can an independent reviewer know what to agree with if the reasons/evidence and/or risk analysis is not supplied with it?  Its false use have increased the predictability for fraudulent Defendants that appeals can be stopped this way. 

10)   All regulatory bodies in Britain (who give the impression that they are watchdogs working for the public) have been de-activated or neutered so that remedial action is not taken and accountability is removed.  The 3 methods by which the inactivity is ensured is:
(1) by preventing them from checking the evidence of individual cases
or by,
(2) imposing a ban on freedom of speech by asking the regulators not to express an opinion or by,
(3) making it a law that they should “not interfere with the judicial process”.

What these rules do in effect is prevent the number of witnesses and expert witnesses being available, and to prevent relevant experts/authorities from being able to understand how the judge ought to have ruled.  This in turn increases the scope for judges to unlawfully alter/manipulate or falsify the evidence in a victim’s case in accordance with their personal interests, whims and wishes, more easily.


11.  a)  Another more direct restriction and an obvious measure of protection for judges from being confronted with judicial fraud evidence is how they have stopped solicitors and barristers from uttering the word, “fraud”.  Such a rule would not have been needed if it was not a frequent problem. This rule stops identification of the problem being addressed by a legal person. This enables the activity to exist but prevents the investigation of it because making a finding of fraud cannot be expressed.    

11 b)  And just so to ensure an additional obstacle is put on judicial fraud recognition, the solicitor or barrister is also not allowed to make any suggestions that there might be a [Judge to Defendant] relationship even though the evidence exists and is obvious.

11c)  On a similar note, rules have been brought out to not allow court tapes to be shared with the public/applicant whilst preventing applicants from bringing their own tape recorders. The offending judge is then given the step of accessing and authorizing the tapes for transcription.  In other words the opportunity to check the tapes and edit them before releasing them to transcription companies for transcripts
has been allowed.


Impact :
The impact is that there is regular misuse of these laws due to lack of transparency and accountability, it can best be seen from how individual cases are treated, that’s why regulatory bodies have been prevented from studying individual cases, so that the evidence would not be so easily leaked.  I have many cases to reveal these behaviours, one such example is that a false defence statement which misleads a judiciary is supposed be a crime (or contempt of court) under CPR rule (Civil Rules of Procedure) PD32 sec 28 (1) which we are allowed to report to the Attorney General
if we have the evidence.  But when I did send my evidence to the Attorney General’s Office (dealt with by the secretary general MP Oliver Heald), he refused to apply the law to my case (ie take action against the Defendant) even though he agreed that his office is right place to deal with contempt of court cases).  So here is an example of a senior judicial role failing to uphold Rule of Law and quite distinctly discriminated me. The effect of this decision is that it opens up the floodgates for all fraudsters to submit false defence statements with the expectation that their false statements can win as the judiciary and any regulatory mechanism fails to take action against them. 

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