The McKenzie friend – rights of audience case Law

June 27, 2012

CASE LAW

HM Prison Armley & Anor [2011] EWHC 2269 (Admin) (26 August 2011)

URL: http://www.bailii.org/ew/cases/EWHC/Admin/2011/2269.html

    Cite as: [2011] EWHC 2269 (Admin)

1. … I was also asked to consider (by his McKenzie friend, Mr Jarvis) whether or not it was open to me to hear an application by the Claimant to purge his contempt.

3. … I was also addressed by his McKenzie friend, Mr Jarvis.

4. At the hearing on 25 August 2011 I was addressed at length by the Claimant. Mr Jarvis also made representations on his behalf.

7. The Claimant was not represented by a lawyer …

8. … Mr Jarvis made short submissions in support of those contentions. …

21. During the course of his oral representations Mr Jarvis raised the possibility of the Claimant applying to me to purge his contempt.

22. I should say for completeness that I assumed I had jurisdiction to grant bail not as the judge who had determined the application for habeas corpus against the Claimant but, rather, as a judge of the High Court who is authorised to sit in the Court of Appeal Criminal Division and to whom an application (albeit very informally) had been made for bail pending appeal.

[2011] EWHC 2269 (Admin)

BACKGROUND

People recently have been informing me of difficulties they have had while helping friends who may be facing Court action, with being recognised by the Court, as normally Court Magistrates and Judges are used to dealing with people who they term as Lawyers,

Wikipedia legal definition;

In England and Wales, “lawyer” is used loosely to refer to a broad variety of law-trained persons. It includes practitioners such as barristers, solicitors, legal executives and licensed conveyancers, ; and people who are involved with the law but do not practise it on behalf of individual clients, such as judges, court clerks, and drafters of legislation.

When playing my small part in the campaign to free Norman Scarth, one of my roles was that I acted as McKenzie friend in Court, which in real terms meant I actually took on the role of a Barrister and Solicitor combined, in that I filled out all the forms and created multiple copies of relevant paperwork, including evidence and dealt with communication to and from the Court and was even granted Legal visits to Norman Scarth in the Prison, going as far as applying for permission to take a tape recorder in, which permission was granted for.

I am not a legal professional, nor do I have any formal qualifications. I am self taught, driven by a desire to correct the inequality within the justice system.

Before this application was made, any application for a Writ has been made by very senior practising Lawyers who specialise within the High Court.

On the 25 August 2011, all that changed as it was written in to case Law that the rights of the common Law advocate remain, and are reasserted under the ever evolving status of ‘McKenzie friend’.

No application was made for rights of audience to address the judge, but it was simply granted.

The matter sat in both Civil and Criminal jurisdiction within the High Court of Justice (see paragraph 22) meaning this case Law has implications for every Civil and Criminal hearing at regional and national level.

WHAT THIS MEANS TO YOU

Legal Maxim “He who fails to assert his rights has none.”

This asserts in Law that any man or woman may have any representation of their own choosing and that representation does not have to be a recognised Lawyer or indeed have any qualifications.

Therefore if you wish to assist a friend in Court you may quote the above case Law, copy, paste and print, with its reference, and submit this to the Court in writing at the outset of proceedings.

The case law grants the McKenzie friend rights of audience in all matters whether Civil or Criminal proceedings.

The case law also established the right to make informal on the spot applications by the McKenzie friend.

It is your duty to assert your rights in this way, as it makes it easier for the next man or woman.

This way the judiciary gets used to doing things fairly again.

Please share this article and copy and paste as these are the rights of everyone.

Author : Chris Jarvis


5 yrs imprisonment awaits me – FOR POSTING THIS EMAIL!!!

June 6, 2012
Yesterday, 5th June 2012 I received by post three documents relating to my ‘trial’ at ManCityMags on 29th May 2012.  One is a letter from Gerry Wareham of the Crown Persecution Service relating to the computer stolen from me by West Yorkshire Stazi Police.  I will tell of that in another email.  Another is a ‘Notice of fine & collection order’ telling me that I was fined £50 on one charge, £100 on another & costs of £500 against me, with the usual threats if I fail to pay by 26th June 2012.  More of that will be told in another email.
THE MOST IMPORTANT IS THE THIRD ONE.  It is from Manchester & Salford Magistrates’ Court, Code 1723, Crown Square, Manchester M60 1PR.  Tel: 0161 830 4200, re Case number 061200160089 & dated 29 May 2012.  It PURPORTS to be a Court Order, though it carries neither name nor signature of a judge, no Court Seal, & is signed by some office boy or girl on behalf of Justices Clerk David Greensmith.  It is headed Restraining order   Order & continues:
– – – – – – – – – – – – – – – – – –  –
“This order is made to protect Jonathan Rose from further conduct which amounts to harassment.  Details of the Order: 1) Must not contact in any way Jonathan Rose or any member of his family.,  2)  Must not enter any Jewish Synagogue or Jewish Community Centre or loiter outside any such premises.,  3)  Must not enter any area in Leeds that is outlined in black on the attached map. This shall not apply when travelling through that area on public transport, without getting off that transport.,  4)  Not have in your possession in any public place any poster or leaflet which refers directly or indirectly to Jonathan Rose.,  5)  Must not distribute or instruct another to distribute any poster or leaflet that refers directly or indirectly to Jonathan Rose.,  6)  Must not write, post or upload to or upon any website or internet forum any comment that refers directly or indirectly (sic) Jonathan Rose.,  Prohibitions 1,2,4,5,6 to apply throughout England & Wales.
This order lasts until further order.
Warning  If you do not obey (sic) any part of this order you will commit an offence and may be sent to prison for up to five years.  You will commit the offence if you disobey this order even once.”
– – – – – – – – – – – – – – – – – – – – – – –    
NOTE 1:  One of my ‘offences’ is supposed to be ‘Racially Aggravated’.  Anyone who can read that into ANY of my words (written or spoken) is an illiterate idiot.
NOTE 2: These Restraining Orders are part of the very nasty legislation brought in by the mass murderers & war criminals of the Blair Regime; Brought in for what APPEARED to be good purpose, they were designed to be used as a weapon by the Police State.  The same goes for the ‘Victim Impact Statements’ (see below)  The message they send out is that if you kill anyone (either accidentally, in your car, or deliberately) it is much better if that person is an orphan without friends or relations.  That way there will no parade of people to say how they too have suffered, & you will get a lighter sentence.
NOTE 3:  The CPS used this legal trickery to introduce Jonathan Lee Rose’s Statement as a  ‘Victim Impact Statement’ (when it could not be challenged) rather than as a Witness Statement, when it could AND WOULD have been challenged!
Much of Rose’s ‘Victim Impact Statement’ was a whining, whimpering, snivelling document, but in paragraph 12 he says:
Every Jew, in every country has within him or her the most profound gratitude to those who fought the Nazis in the War, and fully appreciates the millions of lives lost in doing so.  We owe a deep debt of gratitude to those men and women and, living in the United Kingdom we acknowledge how the courage and bravery of servicemen from this country kept the Germans from invading, where failure would have meant that the Jews of the United Kingdom would likely have met the same fate of the millions who perished in the Nazi concentration camps.”
YET ROSE SHOWS HIS ‘GRATITUDE’ BY SENTENCING ONE OF THOSE MEN TO 6 MONTHS IN A HELL-HOLE PRISON!    Now, because I have sent this email, AND will publish it on my blog, he wants me to be sent there FOR FIVE YEARS!!!   Well, they’ll have to catch me first.
Norman Scarth.
PS:  Talk about stupid!!  Rose claimed that I must have gone to an awful lot of trouble to find out that he was President of the United Hebrew Congregation.   Not at all:  The reference book ‘Who’s Who’ (containing potted biographies of those considerd to be important people) is available in all public libraries.  ALL judges of Circuit level & above are in it, with names of parents, date of birth, education, career, positions held, marriages, divorces, offspring, books published, hobbies etc. etc.  I did not know where he lived, though the fact that while on bail I was banned from entering the large Leeds 17 area indicated that he lived within it.  Now, having sent me a map of the much smaller area from which I am now banned, it is fair gues that he lives near the centre of that triangular area of about one & a half miles each side, i.e. within a half mile or so radius of Moortown water tower & Roundhay Park.  Not a large area if I were minded to search for the very nasty but quite pathetic creature – which I’m not!  

PPS:  This is being sent to some of the large number of people on the The State Payroll who have been (EXPENSIVELY!) used in this persecution, in the hope that just one of them might have a prick of conscience at what they are prepared to do to draw their salaries & protect their pensions.    Personally, I would rather starve in the gutter than do what they do.  NS.


To Manchester City Magistrates’ Court – AND to the Nation!

May 29, 2012

Even if I could overcome my fear of those who so abuse their power in today’s Britain sufficiently to set foot in England, after the trauma of fleeing their persecution, I do not have strength enough left to travel back all the way over the sea to Manchester.  In the event that this malicious prosecution is allowed to go ahead, I ask that  Mr. Keith Dewsnup should speak on my behalf.  It SHOULD be enough to say if Taffe or some other District Judge goes ahead with this KNOWING THE POLICE & CPS ARE DENYING ME my stolen computer (& the material on it needed for my defence), then such DJ is himself party to the crime of ‘PERVERTING THE COURSE OF JUSTICE, which is subject to life imprisonment.   If there is even the PRETENCE of law in Manchester, they MUST declare ‘NO CASE TO ANSWER’, the warrant for my arrest be withdrawn, costs which reflect the malice of the prosecution & the trauma inflicted on me should be awarded to me.   All communications with me should be by email.   If something MUST be sent by post, it should be sent to:
Mr. Norman Scarth, C/o. 14 Willow Park Crescent, ATHLONE, Co. Westmeath, Republic of Ireland. 


ManCityMags 29/5/12 9.45am. Taffe; Masters Eyre & Cook@RCJ; Treasury Solicitor.

May 28, 2012
To DJ Taffe at Manchester City Magistrates’ Court, Stephen Jones of the Treasury Solicitor’s Office, Master Eyre & Master Cook at the RCJ.
The only response to the messages below is a message from Stepen Bradley saying that my request to postpone the case till 2pm “has been put before DJ Taffe, who has stated that the case must go ahead at 9.45am as originally listed.  He is satisfied that you, Mr Scarth are aware of the case, & should be here as directed.”  Taffe (masquerading as a magistrate) completely ignores the vitally important points I raise in the messages below about the Right to a Fair Hearing (as required by Article 6 of the ECtHR & the 1998 HRA – to say nothing of Natural Justice!).  That he should  condone the extra-judicial criminality of Jonathan Lee Rose (colluding with Stazi-like police & collaborators Incommunities Ltd.) in the theft of my computer etc. (containing evidence vital for my defence) makes him party to the crime of Perverting the Course of Jusice.
IT IS AN ILLUMINATING COINCIDENCE that on 25/5/12, the same day as the message from Taffe, I received one from Stephen Jones of the Treasury Solicitor’s Office, in which he says, “Dear Mr Scarth, Further to my letter to you of 23 April 2012, I would be grateful if you could give me a call to discuss the hearing on 29/06/2012 at 12pm and the case in general.  I have tried to contact you by telephone but I am unable to leave a message.  Kind regards,  Stephen 
Stephen Jones, Litigation A1

T 020 7210 2915| F 020 7210 3250

Treasury Solicitor’s Department

One Kemble Street | London | WC2B 4TS

DX 123242 KINGSWAY.       

The Treasury Solicitor is acting for the Defendants in opposing my High Court Claim against The British State for £10,000,000, not by any means an extravagant claim, considering it relates to SIXTEEN YEARS OF PERSECUTION from the age of 70 (this malicious prosecution in Manchester being a continuation of it at the age of 86!)    Why should Jones want to speak to me on the telephone?  He knows I am in Ireland.  Why is he afraid to put what he has to say in print?   He ends with “Kind Regards”:  What hypocrisy!  This is the man who, in his Application to have my Claim struck out, uses sneers & insults, with the hackneyed accusation (as used by ALL lawyers against ALL Litigants In Person) that it is ‘An Abuse of the Process of the Law’.  With our ‘adversarial system’ it is perhaps understandable (though NOT excusable) that he should use this legal trickery.   However, that Master Eyre & Master Cook at the Royal Courts of Justice should leave their SUPPOSEDLY impartial position, enter the arena & join Jones in that accusation is outrageous.  They, like all their kind, are determined to do their best to stop this horror story ever being heard by a jury.   They quote the Civil Procedure Rules.  Those Rules followed Lord Woolf’s Access to Justice Report.   Like so much else brought in by the mass murderers & war criminals of Lawyer Blair’s Regime, they are used to do the exact opposite, ESPECIALLY  when MIS-used by such as Eyre & Cook.

It is notable that in his 1995 Interim Report Lord Woolf himself said “The LIP who has taken the trouble to study the law (& present his case well) will find the rules are flouted by the opposing lawyer AND THAT THIS IS CONDONED BY THE JUDGE”! (my emphasis)   That of course is in gross breach of the Judicial Oath which they swore as a condition of their appointment – & the salary that goes with it!  At the very least that is surely obtaining money by false pretences?     
It is even more notable that Lord Woolf left that out of his Final Report, published about three years later.  No doubt he had been jumped on by his colleagues for letting the cat out of the bag?

The situation described above shows all too clearly how ‘Justice’ works only one way in Britain:  What purport to be the ‘Forces of Law & Order’ will use any & every means, legal or illegal to silence anyone who dares to speak the truth and/or expose corruption.  Yet the Litigant In Person who has been wronged & seeks a remedy in the courts (civil or criminal) will find he is obstructed at every step by the professionals.  Taffe was the fourth of five District Judges who used their ‘discretion’ unlawfully in refusing to issue summonses against those who had committed serious crime against me.   Yet when it comes to this malicious prosecution, rather than continue with the case in my absence on 23rd February 2012, as I had requested, he gloried in issuing a warrant for my arrest – WITHOUT BAIL!

Master Cook has said that if I am unable to make the journey from Ireland to the RCJ on 29th June 2012 I must appoint a lawyer.  Some of you will be aware that I garnered several email addresses of people in the Law Society & the Bar Council, sent a message reminding them of the debt they owe to those like me, & asking if they knew any lawyer with conscience & courage enough to defend me against the malicious prosecution & represent me in my civil actions.  So far there has been no response.   No surprise there!  As Honoray Secretary of the Litigants In Person Society I have much more experience than just my own, & speak with authority in saying that the hatred of lawyers for the LIP equals that of the Nazis for the Jews.  So great is this hatred that a lawyer who acts for a person who has ever been a LIP will do so only to stitch him up.   Sad, but all too true.

Norman Scarth.

When will you expose the Legal / Judicial Mafia?

March 27, 2012

by Norman Scarth via email

To ALL the so-called ‘News Media’ – Press, TV & Radio:  As the text with this video says, you expose cowboy builders, car repairers & the like, but NEVER expose the biggest crooks of all, the Legal/Judicial Mafia, who operate  the most successful Protection Racket in the world!
My father fought for his King & Country in the Great War & worked honestly & hard all his life.  I fought for my King & Country in World War II & have also worked honestly & hard all my life.  Yet the persecution inflicted on me for the last 17 years by this Mafia is increasing to such an extent that at the age of 86 I have been forced to flee the land of my birth & seek asylum in the Republic of Ireland.
Norman Scarth (veteran of the Arctic Russian Convoys & the Scharnhorst battle of WW2. Only 200 of us left now)

BBC PROMOTE LAWYERS AND LAW FIRMS AS IF THEY ARE A FORCE FOR GOOD(VIDEO)


Shyster Roy Anderson in Leeds Magistrates’ Court

March 21, 2012

Norman has asked that we all assist in spreading this video of his time in Leeds Magistrates, prior to his adventure in seeking asylum in Hitler’s homeland of Austria. Please feel free to do just that.


Those lovely people at the RCJ have issued my Claims!!!

March 18, 2012
by email from Norman Scarth
Problem: how am I going to spend all this money?  

Shortly before I was forced to flee the land of my birth I lodged with the Queen’s Bench Division of the High Court of Justice two Claims:  One was against three Secretaries of State for £10,000,000 for 17 years of persecution.  The other was against Incommunities Ltd. (the landlords of the block of ‘Sheltered’[??] Housing where I lived) for £200,000 for Breach of Contract.   Blatant obstruction from the Fees Office was tiresome & time wasting, but after I pointed out the criminality of their conduct, it appears they backed down & allowed the Claims to go through.  They have been given case numbers (HQ12X00738 for the £10m & HQ12X763 for the £200k) & ‘issued’.  It appears to be ‘Master Eyre’ who has authorised the Issuing, but he has appended a VERY strange Note to each of them: “(1) There is leave to issue this claim-form.  (2) The Claimant must serve the claim-form, and  must do so within 4 months of the date on which the claim-form is shown by the seal as issued.   (3)  However, the claim-form must not be served without the permission of the Assigned Master.  (4)  The Claimant must obtain that permission by attending the Assigned Master in any Practice taken by him (the office here can give details).”

I find this very strange indeed & suspect that (3) & (4) are illegal.  Could it be a ruse to get me to leave my safe haven so that I can be arrested?  I am minded to ignore 3 & 4 & serve the claim-forms on the Defendants anyway.  I would be grateful for the thoughts of any of you about that. 

Norman Scarth.

PS:  Will inform you of my whereabouts in the next message.  (Though better, Internet is still very slow here).

PPS:  How to spend all the money?  THAT is the least of my problems:  You can be sure there will be more skulduggery to come!   


Police Seeking the Fugitive Norman Scarth

March 13, 2012

It is our understanding after attending his hearing recently where an arrest warrant was issued without bail, the ‘authorities’ are aware that Norman Scarth is out of the country.

The Police have decided to start doing house searches within the land mass known as England.

The first report of this is yesterday (12 03 12) at 08:15am when they knocked on the door of Tracey Zareie where it is reported by her via her facebook page entry later that day, that the Police carried out a search of her home in their relentless pursuit to capture the criminal mastermind Norman Scarth.

There is no evidence to support Norman Scarth being there, we can only assume that this is some sort of intimidation technique against those that have been keen observers, and there was an apparant warrant to search the premesis, although this may still be deemed as a breach of Article 8 of the Human Rights Act 1998 which guarantees a person privacy in their home.

To be conducting house to house inquiries for an 86 year old man who was handing out leaflets, to find him and to lock him up, can only be looked on as some sort of bizarre persecution by the state considering that the ‘complainant’ is a Judge and a member of their club.

This also means that any ‘trial’ of Norman Scarth for handing out the leaflets is met with ‘bias’, this is a breach of Article 6 of the Human Rights Act 1998 which provides in Law a guarantee of an ‘independent’ tribunal.

If it is found that any more homes are searched without warrants then complaints and Private Prosecutions may be taken out against any Police officer breaching a persons rights, being that we are all equal in Law.


The poisonous tongue of Jonathan Rose. The trickery of the CPS

March 2, 2012

By Norman Scarth

The poisonous tongue of ‘Judge’ Jonathan Rose, the illegal trickery of the Crown Prosecution Service & the twisted minds of each – not uncommon in the profrssion.

A lie is the intention to deceive, whatever the words. A Jewish proverb says, “A half-truth is a whole lie”. William Blake said, “A truth told with false intent beats all the lies man can invent.”

The great skill of lawyers is the ability to twist the truth. It is that which causes this parasitic profession to be despised all over the world, as indeed they are! The greater that skill, the less they are troubled by conscience when using it, the wealthier they become. In Britain, the worst of them become judges.

Before going on to ‘Judge’ Jonathan Rose QC, a bit about the Crown Prosecution Service:

By the last postal delivery minutes before I fled the land of my birth(1) came an envelope from the CPS containing 3 letters from them, all dated 21st February 2012, along with various ‘Witness Statements’ etc. (My ‘trial’ was to be on the very next day!) One letter said inter alia, “The prosecutor wants to introduce this evidence in writing instead of the witness(es) giving the evidence in person”. (In the words of Mandy Rice-Davies, “He would say that wouldn’t he” – being desperate to avoid his ‘witnesses’ being torn apart in the Witness Box.)

He goes on to say, “How to reply to this notice: If you do NOT want the prosecutor to introduce the evidence of these witnesses in writing, you must(2)

  1. List the witness(es) you want to give evidence in person.
  2. Send me the list not more than 7 days after this notice is served on you (as required by section blah, blah, blah!)
  3. Be prepared to explain to the court what issue(s) in the case make(s) it necessary for the witness(es) to give evidence in person (as required by Criminal Procedure Rules blah, blah, blah.)
    NOTE:The CPS had COMPLETELY & CONTEMPTUOUSLY IGNORED my email to them on 6th February saying that I wanted ALL the witnesses to appear in person – for obvious reasons PLUS the senior police officer who authorised and organised the operation, PLUS the main complainant, Jonathan Rose. They had also ignored my request that they should tell me the cost of this massive Police/CPS operation so far (for the terrible ‘crime’ of offering leaflets) & whether they had considered AS THEY ARE REQUIRED TO DO, whether it was ‘In The Public Interest’ to prosecute.
    NOW TO JONATHAN ROSE:

Another of the 3 letters (from Gerry Wareham, Deputy Chief Prosecutor, South Yorkshire & Humberside CPS) says, “Please find enclosed copy of Jonathan Rose’s Victim Personal Statement. This does not form part of our evidence but we intend to use it at court.” SO THAT HE CANNOT BE CHALLENGED ON HIS DIATRIBE OF POISON (more than 3,000 words)!!! SURELY, NOT EVEN QUISLING LAW ALLOWS THIS??

(I started to insert my comments IN CAPITALS, IN RED for easy recognition but gave up after a few, as his diatribe became more ridiculous. What a brave man he is when causing ‘alarm, distress & fear’ to the unfortunates before him (& their families). What a whining, whimpering coward he is when someone dares to tell the truth about him outside!)

The ‘VICTIM IMPACT STATEMENT’ says:

Incident Thursday 29th September 2011 (Note: The lack of a space after the paragraph numbers is from Rose, though I have used a readable size font,(rather than the barely readable size which he used).

1I have provided a statement to the police concerning the events of Thursday 29th September 2011. This statement is intended to set out the impact of those events, on myself and my family and on the congregants of the United Hebrew Congregation (UHC).

2The 29th & 30th September 2011 were the days of ‘Rosh Hashana.’ The Jewish New Year which, along with Yom Kippur (The Day of Atonement, due to take place on Saturday 8th October) are the holiest days in the Jewish Calendar. Unlike the civil New Year, Rosh Hashana is a religious event which is of importance as it begins a period known as The Ten Days of Penitence which lasts until Yom Kippur Day. It is a time for prayer and repentance & is not a ‘festival’ in the sense of being a period of parties & ‘fun’. What may not be generally known to those who are not of the Jewish faith is that the ‘Jewish day’ begins at sundown the previous evening. The relevance of that to this matter is that the evening of 29th September was itself highly significant marking as it did the beginning of the second day of Rosh Hashana, so that, although prayers are recited in the synagogue on every evening, the services on this particular evening were more substantial & significant, held in in the main sanctuary of the synagogue and attended by a greater number of people than might be the case on an ‘ordinary’ evening. Moreover, on Thursday 29th September a special youth service was being held at the UHC and was attended by a great many young people between 12 and 14. (AM I SUPPOSED TO KNOW ALL THIS?)

3It is very easy for any person to establish when Rosh Hashana falls: a common diary will give the date of this event. It is less easy for someone to understand that the evening service at Rosh Hashana is of any significance, or that the congregation would be larger or that a Jew who is more observant would be likely to attend, still less at what time the service would be taking place. Given that Norman Scarth travelled to UHC synagogue on Shadwell Lane, Leeds intending to be present outside the synagogue while evening prayers were being said, & given that his intended target was myself (because his shouts of ‘Jonathan Rose resign’ were obviously directed at me) it is an inevitable conclusion that this was a pre-meditated action, with careful preparation in establishing (i) that I was an orthodox & observant Jew (ii) that I was a member of the UHC (there are two other orthodox synagogues in Leeds (iii) that 29th September was a particularly significant night in the Jewish calendar (iv) the time of the service on that night (v) that I would likely be attending services on this particular night (as I would not ordinarily attend services on a Thursday evening). It is also clear from the footage posted on Youtube, which shows Mr Scarth walking towards the pedestrian gate into the synagogue grounds, that it was his intention to enter the grounds, if not the synagogue itself, not merely to remain in the street for the purpose of his ‘demonstration’. He therefore was clearly intent on a confrontation with me, possibly, probably within my place of worship. It is important to take note of this, because it is obvious that this was never intended by him to be a ‘peaceful demonstration’ but rather a confrontation which would inevitably be deeply distressing to myself and to other people present in the synagogue who would have witnessed it. The aggression and unpleasantness in what Mr Scarth went on to shout indicates that such a confrontation would have involved at least, significant and aggressive abuse, if not worse. That he was unable to enter the synagogue building or grounds was due only to the intervention of CST.

4I doubt that Mr Scarth would have known that there was to be a youth service that evening, but he would doubtless have had an expectation that the congregation would be particularly large and he would not have had any reason to believe that that congregation would not have included omen & children. It so happened that present in the synagogue that evening was a young woman who was in the later stages of pregnancy and when I left the sanctuary and entered the foyer, as Mr Scarth’s shouting continued, this woman was also in the foyer, somewhat distressed and being comforted by her husband.

5For many years synagogues have been exposed to and sometimes the victims of attacks, by a variety of people with a variety of reasons – whether anti-Semitic or anti-Israel or otherwise. The members are particularly vulnerable and this vulnerability is felt in particular at night (for obvious reasons) and on the High Holy Days of Rosh Hashana and Yom Kippur. It is for this reason that the organisation known as CST (Community Support Trust) and its predecessors were established. Its members, all of whom are volunteers, provide security for the community (1) by providing a visible deterrent (ii) by acting as an ‘early warning’ system and (iii) by taking action if it becomes necessary, calling the police or, in the last resort, physically intervening to protect the buildings and members of the community. Their presence brings a measure of comfort and confidence to those inside a synagogue. It should be noted that an observant Jew would not have in his possession any mobile phone on Rosh Hashana, since it is prohibited to use one. This means such a person has no means of communication or calling for assistance, but the members of CST do carry means of communication, whether by mobile phone or radio. One feature of the events of 29th September was that, when the incident took place I had no mobile phone with me and could not contact my wife to warn her of the incident and its potential consequences. Although my wife and children were not in the synagogue, at the time then incident was taking place I did not know whether Mr Scarth had been able to locate my home address (he had clearly been able to establish which synagogue I would be attending) and I was fearful that some similar event or worse might be taking place at my home, with my wife and I unable to make contact. Moreover, because observant Jews are prohibited from travelling in a car on Rosh Hashana I was unable to get home to my family quickly after the incident had ended. It was but one upsetting feature of the incident that, fearful for my family’s welfare and safety I felt obliged to borrow and use a mobile phone to make contact with my wife, in order to inform and advise her, thus breaking the religious prohibition on using a phone. The phone was borrowed from a less-observant member of the congregation.

6I first became aware of the presence of Norman Scarth, that evening, in the latter part of the service, when I was reciting the ‘Amidah’ (sometimes known as the ‘Standing Prayer’ because it is recited silently and individually whilst standing perfectly still) one of the most significant parts of the service. I heard a voice using a megaphone. It took me a moment to realise that the voice was shouting my name, “Jonathan Rose resign” and I recognised at that time the voice of Norman Scarth.

7I had been aware, at and after the time that I sentenced Scarth that he was a man with a relatively-recent conviction for serious violence, that he was an angry and aggressive person, notwithstanding his age and that a number of people who support him had great animosity towards me and that some had expressed a view that I should suffer for my actions in imprisoning Mr Scarth, albeit that I had not received any threat, direct or indirect, from any communications made to me. I was also aware that some of those who were supporters of Mr Scarth were from a range of backgrounds, including some ‘political’ (specifically right-wing) organisations, and I had in mind such organisations, some of whom are noted to have anti-Semitic tendencies, and not knowing who was with Mr Scarth on this occasion I was naturally concerned that there might be people of such persuasions and tendencies. It followed that, as soon as I became aware that Scarth was responsible for the shouting I could hear, I was immediately fearful for my own safety, for that of other people attending the synagogue services (including the children) and, in particular, for my wife and family, since I had at least the security of being inside the synagogue and with CST outside, whilst my wife was at home with my children. It was that latter fear which necessitated me breaking my religious beliefs in order that they could be protected.

8It was undoubtedly the case that some of those attending the service were very distressed by what was happening. Mr Scarth’s voice being clearly audible and the nature of what he was shouting being of a kind particularly distressing to Jews, containing as it did references to the gas chambers, Nazis, the Gestapo and suchlike. I have already mentioned the pregnant woman, and the children too – many of whom were not accompanied by their parents – were doubtless also fearful and upset. The police, quite properly and understandably required everyone to remain inside the synagogue until the disturbance had been dealt with, and this necessary but enforced detention contributed to the fear and distress caused by the actions of Mr Scarth, and those who were with him.

(ROSE SPENDS HIS WHOLE WORKING LIFE INFLICTING ‘ENFORCED DETENTION’ ON PEOPLE. PERHAPS HE WILL NOW BETTER UNDERSTAND THE ‘FEAR & DISTRESS’ FELT BY THEM – & THEIR FAMILIES!)

9The police offered me a lift home, which would have ensured my safety and brought me back to my family expeditiously. However, as I have said, as an observant Jew, I am prohibited from travelling in a car on Rosh Hashana and therefore declined the offer. I walked home, which took some time, and was throughout this journey fearful that Mr Scarth and/or his supporter might follow me to do me harm, to identify where I lived and, potentially to do harm to my family. It being dark by this time my fears were naturally heightened, I had no idea where Mr Scarth or his supporters were or what transport they might be using. It was therefore a nervous walk home with real anxiety whenever a car approached.

10On arriving home I found my wife and children also in a state of some anxiety – for me (both because of what they then knew had happened at the synagogue and because they knew I would be walking home) and for themselves. My wife had called her brother to come to the house to support them whilst waiting for my return. She was extremely distressed by what had taken place and remains so at the time of writing this statement.

11I should return to the events at the synagogue. At the time, I heard distinctly two things shouted by Mr Scarth. Firstly that I should resign. Secondly – and this is not a direct quote – I heard Mr Scarth shout words to the effect that his service in the Second World War ‘helped to save the Jews from the gas chambers’. I was later shown by the police a poster or flyer drawn up by Mr Scarth and his supporters. I understand that they had posted some of these in the vicinity of the synagogue although they were removed. The posters again called for my resignation as a judge and as President of the UHC (an office I had held for 5 years until May 2011 when my term came to an end). The link made by Mr Scarth to my presidency of the synagogue added to his comments about Jews altered, to me, the approach being taken, in that it appeared to graft onto his animosity based on my having imprisoned him an element of anti-Semitism. The posters to which I have referred included words to the effect that his war service had ‘saved (my) grandparents and parents from the gas chambers’.

12Every Jew, in every country has within him or her the most profound gratitude to those who fought the Nazis in the War, and fully appreciates the millions of lives lost in doing so. We owe a deep debt of gratitude to those men and women and, living in the United Kingdom we acknowledge how the courage and bravery of servicemen from this country kept the Germans from invading, where failure would have meant that the Jews of the United Kingdom would likely have met the same fate of the millions who perished in the Nazi concentration camps.(YET HE SHOWS HIS ‘GRATITUDE’ BY SENDING ONE OF THOSE MEN TO A HELL-HOLE PRISON!) But for Mr Scarth to use the appalling events of 1939 – 1945 – and particularly the Holocaust – in the content of his animosity towards me is hurtful and unforgiveable. A significant number of my relatives in what was then Karlsbad, Czechoslovakia were deported to and died in Auschwitz.

13It is perhaps trite to comment that the evening of 29th September had an adverse effect on the enjoyment of Rosh Hashana by me and my family, but the impact was more significant than that. When I walked to and from the synagogue on Friday 30th, particularly for the evening service and again on the Sabbath (1st October) I was anxious and concerned in case I was followed or observed or, worse, there was any confrontation with Mr Scarth, and my wife shared my concerns. Nor has the impact of Mr Scarth’s actions diminished in any way thereafter. I am concerned for the safety of myself and my family and, although the police have been extremely helpful and supportive I worry for my family when we are at home (and even more so if I am not at home and my family is alone), when we go about our daily routines and when my wife and children are out at night.

14The incident on 29th September was filmed by a person attending in support of Mr Scarth and the video was posted on Youtube. In the following days, a number of people posted anonymous comments to this video which were of themselves grossly offensive, insulting and upsetting. I accept that people may choose to criticise the sentence I imposed on Mr Scarth, but comments such as “most judges are kiddie fiddlers anyway and Judge Rose is corrupt to the core”, “the scum judge, (is) probably a paedophile anyway” and 2”JUDGE ROSE IS PROBABLY A PAEDOPHILE” are deeply and gratuitously offensive and have caused great upset to myself and my family. Whilst I do not suggest that Norman Scarth posted the video or any of the comments, they are a direct consequence of his actions and added greatly to the suffering of myself and my family.

15It should not be forgotten that Mr Scarth came to disrupt and did disrupt people who were following their faith and at prayer. He did not begin his demonstration before or after the service, but rather he shouted his offensive comments whilst I and the congregation were reciting prayers which we regard as holy, and at a most significant time in the Jewish calendar. Mr Scarth did not interfere only with my right to observe my faith, but with the rights of others attending the synagogue and with who it cannot be said he had any argument.

16My wife and I have been deeply distressed and upset that Norman Scarth should act in such an offensive way on a day we regard as holy. He must have known that the date was of the greatest significance to Jews and I feel he deliberately targeted me on that day to maximise the distress he would cause. He planned and sought out a situation in the hope it would result in a confrontation with me and, failing that, acted in a way which caused distress, anxiety and fear to many people at the synagogue and to my family and I. It is difficult to understand what he could possibly have hoped to achieve by targeting me in this way, other than to cause me and my family distress and upset.

Signed JLRose 12.1.12

ENDNOTE BY N.SCARTH: AS SAID, I COULD HAVE INSERTED MANY MORE COMMENTS, BUT I HOPE THE READER WILL SEE HOW RIDICULOUS AND POISONOUS HIS STATEMENT IS, WITHOUT FURTHER HELP FROM ME.N.Scarth 2nd March 2012 (now, hopefully, safe from the Quislings who now rule ‘Perfidious Albion’.)

PS: It was Martin Narey, one-time Director-General of the Prison Service (NO LESS) who told of ‘A litany of failure & moral neglect in Hell-Hole Prisons. It was General Sir David Ramsbotham, HM Chief Inspector of Prisons (now Lord Ramsbotham) who told of ‘Barbaric Prison Guards’.

1 The country for which I had fought in World War II, in which I had worked honestly & hard for 70 years – harder than ever now, as I seek to expose the rotten apples in the judiciary!

2 Note the arrogance of these lawyers – “you MUST!” They think they are God Almighty!


Norman Scarth Appeal at the Appeals Court London this Friday

December 7, 2011

Norman Scarth will be at the Appeal Court on Friday, Case 2011/04646 B1 in the Royal Courts of Justice on the Strand in London this 9th December 2011.

Please spread the word to support him once again as this time he goes for the Appeal of his Conviction.

Norman Scarth was never able to Appeal his Conviction at the earlier hearing on the 9 September 2011, this due to apparently being forced contracted when the result was that he was released as the Appeal was only addressing the fact that he was in Prison unfairly and therefore it was only the Prison Sentence that was ever Quashed.

This is another chance to address the issue of recording in Court, especially given that at the earlier hearings it was only ever proven that Norman had a recording device, but was never proven that it was being used, and being that if it was, there was, and still is a case for ‘necessity’ due to the perceived corruption going on within the Court room which ultimately could have ended in a loss of life for such an elderly gentleman of 86, as Norman Scarth is, if a Judge, as he did chose to send him to Prison to acheive the end result of silencing him.

Generally, if ‘necessity’ can be proven in a case it is due to the fact that there is a life or death situation and that by taking the action that is deemed as being ‘necessary’ to prevent loss of life, an action that may be considered a breach of Law is then considered as not being a breach of Law in that situation “as, ‘necessity’ knows no Law“.