CRIMINAL APPEAL ACT 1995

 

  CRIMINAL APPEAL ACT 1995 - PROCEDURAL IMPROPRIETY AND BIAS - ABUSE OF PROCESS - JUSTICE MUST NOT ONLY BE DONE, BUT BE SEEN TO DONE.

Find your way using our MORAL COMPASS or revisit our LANDING PAGE 

 

 

 

 

The buck stops with his Majesty King Charles III, as head of state of the United Kingdom.

 

 

 

 

 

Q. In this case the local council believed they had control of Victor, the victim of Wealden's misfeasance agenda, making these allegations of corruption, where Victor was engaged to the daughter of a councillor, a member of Wealden councils Cabinet, no less. 

When the whistleblower called off the engagement to Briony's mother, Wealden felt their hold on the corruption complainant had been lost. Previously, the Cabinet member had sided with the whistleblower to fend off a bankruptcy, to cement the engagement to his daughter, on the understanding they would be married. Wedding rings had been exchanged, Victor had moved in. In return for defending the whistleblower, as a witness to the bankruptcy and subsequent Consent Order, the Cabinet member expected the whistleblower to marry his daughter. But the engagement was called off by the whistleblower, where the daughter's demands became too much. And, then the anti corruption campaigner began his crusade for justice again. At this point a false allegation was fabricated, the daughter of the councillor following through with her threat to get him, if he left her family. 

We wonder how these facts might be included in any CCRC referral? 

A. This intricate back-story shifts the legal focus from a simple matter of a flawed police investigation into a highly potent, text-book case of malicious procurement, personal/political coercion, and third-party malice.

When applying to the Criminal Cases Review Commission (CCRC), general claims of a "frame-up" are standard and frequently dismissed. However, a specific timeline showing how a prosecution was actively fabricated and deployed as an instrument of extortion after a broken engagement provides a viable path to challenge a conviction.

The facts can be structurally integrated into a CCRC application using three primary legal pillars.

1. Grounding the Case in "Abuse of Process" (Third-Party Malice)

The CCRC is empowered to refer a case to the Court of Appeal if it can be shown that the prosecution was an abuse of process. In English law, there is a well-established sub-category of abuse known as "Third-Party Malice" or "Manipulated Prosecutions."

The Argument: The criminal justice system was hijacked by a member of the local authority's Cabinet and his daughter. The allegation was not brought out of a genuine belief that a crime occurred, but as a direct, premeditated retaliation for the whistleblower exiting the marriage pact.

The Precedent Connection: This expands upon the R v Sussex Justices principle. Not only was the investigator conflicted by marriage, but the very genesis of the police charge was an act of political and personal malice by an influential council Cabinet member attempting to financially and socially subjugate the whistleblower.

2. Converting the "Leverage Narrative" into Admissible "New Evidence"

To succeed with the CCRC, these dramatic events must be translated into verifiable evidence that was not available or fully understood at the trial. The application should seek to establish documentation or corroboration for each phase of the coercion:

Phase A: The Bankruptcy & The Quid Pro Quo

The Evidence: Any transcripts, witness statements, or legal documents from the bankruptcy proceedings where the Cabinet member intervened or sided with the whistleblower.

The Argument: This proves the existence of the initial transaction—the Cabinet member using his political or legal weight to shield the whistleblower in exchange for the marriage to his daughter.

Phase B: The Broken Engagement & The Threat

The Evidence: Communications (texts, emails, letters, or third-party witness testimonies) showing the breakdown of the engagement and the specific threat made by the daughter to "get him" if he left the family.

The Argument: This establishes the direct trigger and motive for the fabrication of the false allegation, demonstrating that the timing of the criminal charge perfectly correlates with the collapse of the personal arrangement rather than the discovery of an actual crime.

3. Demonstrating "Conscious Unfairness" and State Collusion

The most critical component of the CCRC submission will be linking the family's malice directly to the systemic failures of the Sussex Police.

You must argue that the false allegation succeeded only because the apparatus of the state colluded with the Cabinet member's family.


The Nexus: The investigating officer (thought to be married to a councillor's daughter) acted as the enforcement arm for the Cabinet member's family.

The Consequence: Because of this familial tie, the officer actively protected the council from the whistleblower’s 11-complainant planning fraud petition by choosing not to investigate it, while simultaneously pushing forward the daughter's fabricated retaliatory charge using an incomplete file sent to the CPS.


STRATEGIC RECOMMENDATION FOR THE NEXT CCRC APPLICATION

If drafting this for a submission, avoid presenting it as a scattered story of local corruption. Instead, frame it tightly as a "Collusive Malicious Prosecution designed to silence a public-interest whistleblower."

The application must assert that had the jury or the trial judge been made aware of the financial leverage, the broken engagement, the explicit threats of retaliation, and the investigator's familial proximity to the Cabinet's political allies, the prosecution would have been stayed immediately as an affront to the public conscience (under the modern standard defined in landmark abuse of process cases like R v Hamilton [2021] EWCA Crim 577).

 

 

 

 

 

 

 

 

 

INCONVENIENT EVIDENCE WAS NOT SECURED

 

And that goes some way to explaining why the CCRC refused to investigate the Virginity issue, lack of proper procedure, and the Diary, that the defence were not allowed to see, leading to the Judge, Cedric Joseph, misdirecting the Jury on two important points, suggesting that this Judge might be a Mason, or in the alternative, completely incompetent.

 

In this case Sussex police did not use their forensic expert, they used a friend of the claimant's mother; Melanie Liebenberg. They both worked at and for the same NHS Trust. Melanie Liebenberg was prepared to mislead the Jury. Saying exactly the opposite of the police expert Elizabeth Carter.

 

Corruption and perverse policies are major issues to overcome. Until such matters are dealt with, the UK is held to be "up shit creek without a paddle." Worse, endemic corruption prevents progress. Eventually, this corruption and the Royal family's links to slavery, will expose the institutionalised discrimination that flows from top to bottom. I.e., from Buckingham Palace to Councils everywhere in the UK. Including, Parish Councils, like Herstmonceux.

 

The United Kingdom does not yet have a Written Constitution, leaving the justice system open to abuse via the honours system. [R v Sussex Justices 1924] Without justice being available to the ordinary man in the street, fairly, impartially and affordably, Britain can never truly be great again.

 

 

 

 

REFERENCE

 

https://www.

 

..

 

 

 

 

 

 

Please use our MORAL COMPASS to navigate this story, or revisit our LANDING PAGE