Letter to District Judge John Hugman (18/12/18)

I dropped off the following letter to district judge John Hugman in December 2018, using Wandsworth County Council's secure dropbox. He would have received it, especially as I dropped off copies of it on two occasions. (I've only added this letter to my blog in July 2019.)

18th December 2018

To District Judge Hugman,
Wandsworth County Court

Before John Smith, sitting at home (as no hearing was called where I could explain myself).

You say the following:
In this claim the claimant says he is making the claim “in case a different judge takes a different view.” That is not a cause of action and this claim therefore is an abuse of process, the issue already having been determined at a hearing.

You are quoting me out of context!!!

What I actually said was the following:

Please note: back in January I submitted an application notice which was returned to me by the court with a handwritten note from District Judge Parker - please see attached copy. I then submitted a claim form. However, today in a court hearing, I was told quite clearly that I needed to have submitted an application notice. With this in mind, I am today submitting both an application notice and a claim form. The claim form is merely there in case a different judge takes a different view as to which form I needed to use. If an application notice is indeed the correct form to use then please just ignore the claim form. (I refuse to lose any more time due to submitting a form with the wrong two words at the top.)

Let me highlight that whole sentence for you and my MP to read again:

The claim form is merely there in case a different judge takes a different view as to which form I needed to use.

No, you’re right, what you’ve ‘quoted’ isn’t a cause of action. But it wasn’t the action I was taking! You have come out with a blatant straw man argument here.

The last time that happened was with a complaint against DC Winters of Merton CID, which was initially investigated by a sergeant based in the same building. This sergeant ‘investigated’ something which I wasn’t actually complaining about, so naturally didn’t uphold my complaint. I appealed and, after having to wait 18 months, had my complaint upheld. DC Winters now has on her record an upheld complaint of neglect of duty.

The fact that you not only didn’t quote the whole of the relevant paragraph but didn’t even quote the whole of a single sentence, shows that you must be well aware of what you are doing.

Moving on, let me quote something that you’ve said:
“The principal in the Norwich Pharmacol case is now found in CPR 31.18.”

So what’s the problem then? (By the way, “Pharmacol” is spelt incorrectly.) Presumably you meant to say “not”, but so what? I didn’t say it was. I don’t see why that stops me referring to it.

You say that:

The issue in this case, in law, identical to the issue in claim E00WT562 and brought by the same claimant against the same defendant. That claim was disposed of at a hearing on 7th September 2018. No appeal was made against the decision to strike out that claim …

Firstly, I didn’t appeal that decision as there was no point (and don’t quote me out of context on that, for goodness sake). I was told, by the judge, that I had used the wrong form for the wrong reason. Therefore, I brought a new case, this time using the correct form and for the right reason. Therefore, the issue in this case, in law, is absolutely NOT identical to the issue in claim E00WT562.

You order that “the claim is struck out as an abuse of process and accordingly wholly without merit.”

But the reason given for saying that it is an “abuse of process” is based on something which, in effect (as it’s so blatantly quoted out of context), was not something I was claiming. Therefore it can’t be an abuse of process!

Also, talking about “abuse of process”, two years ago, that thug Paul Stewart had the prosecution against him dismissed on the grounds of abuse of process, as he had already accepted a caution. However, his caution was set aside and he was charged, after I had a successful right-to-review request. He shouldn’t have been offered a caution to start with. As I wasn’t told what was going on, and therefore wasn’t able to challenge this nonsense, he successfully duped the magistrates, who stopped the case on the grounds that it was an “abuse of process”.

The fact is though is that I still have a scar on my nose, apart from anything else. So to say that something is “an abuse of process and accordingly wholly without merit” is bloody insulting.

As I’m sure you know, the problem I now have is that this was already an appeal, so despite the fact that you have really blatantly misrepresented what I was doing and what I said, you may well get away with it, just like a criminal (like Paul Stewart, for example) with a smooth-talking lawyer.

You have blatantly abused your powers. Unfortunately, as the JCIO only seem to care if a judge is racist or something similar, they will no doubt not do anything. Tell me something: as you have so blatantly abused your powers, why shouldn’t I take the law into my own hands?

I’m attaching a copy of my Victim Personal Statement, which I had been expected to be able to read out at Paul Stewart’s trial, had he been found guilty, which I imagine he would have been as the evidence was really good.

The criminal justice system has successfully denied me justice. Comprising such psychopaths as DC Winters, Natasha Dunn, judge Parker, judge Hugman, and various others. I hope you all feel proud of yourselves, having well and truly let me down.

By the way, don’t act as if the law is everything in life. After all, you all break the speed limit when you drive and don’t then report yourselves. You are breaking the law and yet don’t care. So all that all of you have done is abused the law to get what you want. And sod justice.

Yours sincerely,

John Smith

Dated 18th December 2018

PS. The order is dated the 22nd November. And yet the date at the top of the order is the 17th December. What on earth is going on at that court?

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