1 Pares Land Walk
Rochdale OL16 5SX
13 October 2006
The Clerk to the Justices
Rochdale, Middleton & Heywood Magistrates Court
The Courthouse
Town Meadows
Rochdale OL16 1AR
Dear Sirs
R. v. Thomas Moore
29 September 2006
I appeal against conviction and sentence in the above, although Solicitor Simon Hustler told me it is not a conviction.
I was denied a fair hearing and proper legal help. Both the duty solicitor and Mr. Hustler told me one is not entitled to use reasonable force to remove a trespasser from one’s home, but this is wrong.
The District Judge appeared to have been well aware that the matter was already fixed, as he did not invite any arguments in mitigation. Such arguments, had they any truth, would have been arguments for innocence.
The District Judge merely asked Mr. Simon Hustler whether Mr. Hustler agreed with him that a custodial sentence was not appropriate. Given Mr. Hustler was supposed to be representing the Defendant, Mr. Hustler could hardly have done anything other than agree.
Police behaviour was also prevented justice. Despite my numerous sleep disorders, the Police deprived me of much needed medication, and the provoked me in interview, which took place at 3.00 am, despite an arrest before 1.00 pm the previous day.
The sentence is excessive, as far as I can tell. The allegation is of an assault that did not damage anyone or anything. If I may say so, it was truly common assault, not "ABH" downgraded, perhaps to avoid trial on indictment.
British Police do not normally prosecute assaults that do no damage. Given the wide meaning of assault under English law, this is no surprise. Given at the time of the hearing I had spent over a day in custody, one might be forgiven for thinking that was enough, and an unconditional discharge appropriate. The denial of bail also needs explanation.
The Police were wrong to say Mrs Reverend Tracey Day is a witness to the alleged assault. She told me she is not.
I apply for leave to amend these reasons.
I apply to the appellate Court that it appoints solicitors for me, who are able, willing and allowed to represent me to the best of their abilities, as clearly Mr. Simon Hustler and Iain Ross-Brown, the Duty Solicitor, were not. I have a long history of having my access to legal services blocked, and having to represent myself in Civil Courts. In this Court, the solicitors appear to me to be merely "going through the motions" and failing to represent me properly.
One important issue I will need to raise with any solicitors appointed by the appellate Court is the value of pursuing this appeal. I do not want to waste the appellate Court’s time with relative trivia.
In the Police station and in the Court building, I was threatened with detention in a psychiatric hospital if I did not submit to interviews by Psychiatric Social Worker Steven King, Psychiatrist Henry Ticehurst and Psychiatric Social Worker Andrew Knox. Mr Knox is a nuisance for me.
Psychiatrist Henry Ticehurst promised me Disability Living Allowance if I attended an appointment to see him. This appears to be a response to my complaint to Mr. Hustler that I cannot pay the charges my landlord is forcing on me, and suggesting, as I understand it, an abuse of DLA.
No psychiatrist can form a proper opinion of me he or she can sure that nothing else can account for the symptoms leading to his or her opinion. An inability to sleep properly, for example I awaken 48 times per hour when I try to sleep, combined with day time over tiredness, does account for nearly all psychiatric symptoms.
This is the third time Greater Manchester Police, with Rochdale Metropolitan Borough Council, have sought my forced detention in a psychiatric hospital. The first was 20 April 2002, after 10 April 2002, when a young man attacked me from behind, smashing my right spectacle and rubbing the shattered glass into my right eye socket, all my landlord, Rochdale Council did, was have their social worker, Andrew Knox, obtain a Warrant to Search For and Remove Patient issued under Mental Health Act 1983 section 135(1).
On 5 July 2006, Rochdale Metropolitan Borough Council and Greater Manchester Police broke into my home, without any warrant as far as I know, and eventually forced me to wear handcuffs joined behind my back, and took me to Birch Hill psychiatric Hospital where, according to the Police, the staff refused to see me.
Greater Manchester Police and Rochdale Metropolitan Borough Council intention appears to be having me detained in a psychiatric hospital, rather than let me have the mechanical breathing aids I need, which are prescribed for me by the NHS sleep and breathing disorders clinic at St. Thomas Hospital in London.
This long term campaign of harassment by Rochdale Metropolitan Borough Council, who, at the time of alleged assault, had instructed the Complainant and his employer to harass me, at my expense, is certain to continue, unless my case is put before the Appellate and other Courts properly. Since I have no legal qualification that must mean solicitors who are not only able, willing and allowed to represent me, but also have the courage to report any undue and unfair interference in their work to the Judiciary.
I apologise for the relative lateness of this letter. Although I paid all my bills, to Rochdale Council’s preferred supplier, Scottish Power, after over 12 weeks of Rochdale Council enforced disconnection, Rochdale Council insisted on a prepayment meter, but no one supplied with the card needed to make the prepayments.
Scottish Power sent the wrong card. That card is for making payments towards future bills for past use.
When eventually I did get a card for carrying prepayments from shops to the meter, my electricity supply was again cut, because Rochdale Council has insisted on additional switches open to the public next to my electricity meter, which is on an outside wall of my home.
On 30 September 2006, my electricity was cut simply by using these switches, without notice, and, although it is rare, in this case, damaging the hard disk on my computer. Although this is very rare – the first time I have witnessed such a failure – it can happen, and so called Uninterruptible Power Supplies are available to give critical users time to turn off their computers safely, in the event of a power failure.
At the time of writing, I am trying to isolate the damaged partition. Hitherto I have been unable to repair it.
Despite that, owing to the need to have solicitors appointed by the appellate Court, I ask that you process this appeal as soon as practicable.
Yours faithfully
T Moore