The Mysterious Death of Dr David Kelly: “Subversion of Due Process” of the Law in the United Kingdom

LORD HEWART WARNED IN 1928 IN HIS BOOK THE NEW DESPOTISM THAT FABIANS WITHIN WESTMINSTER WERE SUBVERTING ALL OUR LAWS……HE WAS CHIEF JUSTICE IN ENGLAND.
PROOF ALL AROUND- WHAT DO RAPISTS GET- KILLERS SHOPLIFTERS ETC ETC.

The Mysterious Death of Dr David Kelly: “Subversion of Due Process” of the Law in the United Kingdom

by Dr. Stephen Frost

Due process of the law has not been followed by the British state in the investigation into the death of Dr David Kelly. Of this there is now no doubt. The original inquest was derailed by Lord Falconer, in his dual capacity as Minister of State for Constitutional Affairs and Lord Chancellor.

Dr. Kelly remains the only British citizen not to have had his suspicious death examined properly at a coroner’s inquest. This to some may seem trivial. It is not. It is a matter of the highest importance and should be of great concern to all British citizens, especially given the highly political context in which the death took place, inextricably linked as the death was to the United Kingdom’s waging of illegal war (according to both the Geneva Conventions and the United Nations Charter) on the sovereign state of Iraq. Disregarding the political context of the death, all doctors are taught, or should be, that none of us is safe without inquests and that the Coroner speaks for the dead to protect the living.

The national disgrace, which the original failure to hold an inquest into this loyal public servant’s death constitutes, is all the more concerning because it is a fact that the purported suicide verdict of Lord Hutton is the first time ever that a suicide verdict (if that is what Hutton’s “finding” of suicide constituted) has been reached by someone other than a coroner. The standard of proof required to reach a suicide verdict is necessarily very high (the Coroner must be satisfied beyond reasonable doubt that the deceased not only killed himself but also that he intended to kill himself) because such a verdict closes down the case for ever, permanently smearing as it does the victim (who cannot argue back) and his family and stopping for ever any police investigation into the possibility of murder. With such a high standard of proof requirement one would have thought that Lord Hutton heard evidence under oath, but it later emerged that he did not. In simple practical terms, there has never been a case in which a suicide verdict has been overturned and a murderer subsequently convicted.

The possible, indeed probable, gross miscarriage of justice which Hutton’s “finding” of suicide in the Kelly case constituted has now been compounded by the Attorney General Dominic Grieve’s 9 June 2011 decision not to allow the doctors, who had put before him an unanswerable case for an inquest (see the twenty documents immediately below), permission to apply to the High Court, nor to apply himself, for an inquest.

The Memorial
http://news.bbc.co.uk/1/shared/bsp/hi/pdfs/07_01_11davidkelly1.pdf ,

the Addendum to the Memorial
http://news.bbc.co.uk/1/shared/bsp/hi/pdfs/03_03_11_kellyinquest.pdf,

and the Appendix to the Addendum to the Memorial
http://drdavidkellyinquestrequired.blogspot.com/2011/06/appendix-to-addendum-to-memorial.html,

all of which were submitted in the proper manner by Frances Swaine of the well known London law firm Leigh Day & Co. as part of a formal Section 13 application, were supplemented by no fewer than seventeen other submissions to the Attorney General:

http://drdavidkellyinquestrequired.blogspot.com/2011/06/first-submission-of-14-from-me-to.html
http://drdavidkellyinquestrequired.blogspot.com/2011/06/second-submission-of-14-from-me-to.html
http://drdavidkellyinquestrequired.blogspot.com/2011/06/third-submission-of-14-from-me-to.html
http://drdavidkellyinquestrequired.blogspot.com/2011/06/fourth-submission-of-14-from-me-to.html
http://drdavidkellyinquestrequired.blogspot.com/2011/06/fifth-submission-of-13-from-me-to.html
http://drdavidkellyinquestrequired.blogspot.com/2011/06/sixth-submission-of-13-from-me-to.html
http://drdavidkellyinquestrequired.blogspot.com/2011/06/seventh-submission-of-12-from-me-to.html
http://drdavidkellyinquestrequired.blogspot.com/2011/06/eighth-submission-of-12-from-me-to.html
http://drdavidkellyinquestrequired.blogspot.com/2011/06/ninth-submission-of-12-from-me-to.html
http://drdavidkellyinquestrequired.blogspot.com/2011/06/tenth-submission-of-12-from-me-to.html
http://drdavidkellyinquestrequired.blogspot.com/2011/06/eleventh-submission-of-12-from-me-to.html
http://drdavidkellyinquestrequired.blogspot.com/2011/06/twelfth-submission-of-12-from-me-to.html
http://drdavidkellyinquestrequired.blogspot.com/2011/06/submission-by-dr-david-halpin-to.html
http://drdavidkellyinquestrequired.blogspot.com/2011/06/office-of-attorney-general-december.html
http://drdavidkellyinquestrequired.blogspot.com/2011/06/third-submission-of-5-by-dr-david.html
http://drdavidkellyinquestrequired.blogspot.com/2011/06/fourth-submission-of-5-by-dr-david.html
http://drdavidkellyinquestrequired.blogspot.com/2011/06/fifth-submission-of-5-by-dr-david.html

Worse still, an attempt by one of the group of doctors to judicially review the Attorney General’s deeply disturbing decision was recently (19 December 2011) stopped, before clearing the first hurdle, by Mr Justice Nicol at the High Court. Despite the fact that the Attorney General is a Cabinet Minister and that his June decision was clearly political when it should have been based solely on the law and that his decision was infamously pre-empted by David Cameron’s remarks on the case in the House of Commons, it seems that there is no provision to challenge the Attorney General’s decision through the Courts.

This of course makes an already very bad situation much worse and raises profound constitutional questions, as well as questions of propriety. For common sense surely informs us that, of the many disingenuous assertions which the Attorney General Dominic Grieve made on behalf of the British state in June of this year, the conclusions he reached in his oral statement to the House of Commons are indefensible and misled Parliament:

“Having given the most careful consideration to all the material that has been sent to me, I have concluded that the evidence that Dr Kelly took his own life is overwhelmingly strong. Further, nothing that I have seen supports any allegation that Dr Kelly was murdered or that his death was the subject of any kind of conspiracy or cover-up. In my view, no purpose would be served by my making an application to the High Court for an inquest, and indeed I have no reasonable basis for doing so. There is no possibility that, at an inquest, a verdict other than suicide would be returned.”
http://www.publications.parliament.uk/pa/cm201011/cmhansrd/cm110609/debtext/110609-0002.htm

The evidence that Dr Kelly took his own life was NOT overwhelmingly strong, for example crucially we are told there was no suicide note. Further, the Attorney General saw plenty of evidence that pointed to the possibility “that Dr Kelly was murdered” and plenty of evidence “that his death was the subject of” some “kind of conspiracy or cover-up”. Further, the Attorney General’s claim that “no purpose would be served by my making an application to the High Court for an inquest, and indeed I have no reasonable basis for doing so” is simply untrue. Finally, it is clearly impossible for him to predict the outcome of a future inquest and he must have known that for him to say in Parliament that “there is no possibility that, at an inquest, a verdict other than suicide would be returned” was misleading in the extreme.

Further, the Attorney General knew full well that the test for him (under a formal Section 13 application) to request an inquest or to allow the doctors to do so was very generous: he only had to conclude that at an inquest the verdict of suicide MIGHT be different NOT that it WOULD different.

There seems to be some confusion in the mind of the Attorney General as to whether or not an inquest took place. It makes no difference:

if an inquest DID NOT take place a Section 13 application should be successful if the Coroner refuses or neglects to hold an inquest which ought to be held

AND

if an inquest DID take place a Section 13 application should be successful if that inquest was inadequate for any one of the following reasons:

1) insufficiency of inquiry

2) irregularity of proceedings

3) new facts or evidence

4) fraud

5) rejection of evidence

Whether an inquest did or did not take place, the doctors, in the evidence which they submitted to the Attorney General, satisfied not just one of the six requirements, but all six.

There are thus reasonable grounds for concluding that a high level conspiracy to pervert the course of justice has taken place. But what was/is so important to hide which would justify the risk of blocking an inquest, apparently at any cost?

At the very least, the David Kelly suicide verdict must be considered unsafe.

Dr Stephen Frost BSc MBChB (United Kingdom) Specialist in Diagnostic Radiology (Stockholm, Sweden)

stephen.frost@btinternet.com

Stephen Frost is a frequent contributor to Global Research. Global Research Articles by Stephen Frost

http://globalresearch.ca/index.php?context=va&aid=28430

I DESPAIR OF BRITAIN- BRITS DESERVE TO LOSE THEIR COUNTRY- WHICH THEY ARE!!!!

6 responses to “The Mysterious Death of Dr David Kelly: “Subversion of Due Process” of the Law in the United Kingdom

  1. http://globalresearch.ca/index.php?context=va&aid=28430

    Having given the most careful consideration to all the material that has been sent to me, I have concluded that the evidence that Dr Kelly took his own life is overwhelmingly strong. Further, nothing that I have seen supports any allegation that Dr Kelly was murdered or that his death was the subject of any kind of conspiracy or cover-up. In my view, no purpose would be served by my making an application to the High Court for an inquest, and indeed I have no reasonable basis for doing so. There is no possibility that, at an inquest, a verdict other than suicide would be returned.”
    http://www.publications.parliament.uk/pa/cm201011/cmhansrd/cm110609/debtext/110609-0002.htm

    ial
    http://news.bbc.co.uk/1/shared/bsp/hi/pdfs/07_01_11davidkelly1.pdf ,

    the Addendum to the Memorial
    http://news.bbc.co.uk/1/shared/bsp/hi/pdfs/03_03_11_kellyinquest.pdf,

    and the Appendix to the Addendum to the Memorial
    http://drdavidkellyinquestrequired.blogspot.com/2011/06/appendix-to-addendum-to-memorial.html,

    all of which were submitted in the proper manner by Frances Swaine of the well known London law firm Leigh Day & Co. as part of a formal Section 13 application, were supplemented by no fewer than seventeen other submissions to the Attorney General:

    http://drdavidkellyinquestrequired.blogspot.com/2011/06/first-submission-of-14-from-me-to.html
    http://drdavidkellyinquestrequired.blogspot.com/2011/06/second-submission-of-14-from-me-to.html
    http://drdavidkellyinquestrequired.blogspot.com/2011/06/third-submission-of-14-from-me-to.html
    http://drdavidkellyinquestrequired.blogspot.com/2011/06/fourth-submission-of-14-from-me-to.html
    http://drdavidkellyinquestrequired.blogspot.com/2011/06/fifth-submission-of-13-from-me-to.html
    http://drdavidkellyinquestrequired.blogspot.com/2011/06/sixth-submission-of-13-from-me-to.html
    http://drdavidkellyinquestrequired.blogspot.com/2011/06/seventh-submission-of-12-from-me-to.html
    http://drdavidkellyinquestrequired.blogspot.com/2011/06/eighth-submission-of-12-from-me-to.html
    http://drdavidkellyinquestrequired.blogspot.com/2011/06/ninth-submission-of-12-from-me-to.html
    http://drdavidkellyinquestrequired.blogspot.com/2011/06/tenth-submission-of-12-from-me-to.html
    http://drdavidkellyinquestrequired.blogspot.com/2011/06/eleventh-submission-of-12-from-me-to.html
    http://drdavidkellyinquestrequired.blogspot.com/2011/06/twelfth-submission-of-12-from-me-to.html
    http://drdavidkellyinquestrequired.blogspot.com/2011/06/submission-by-dr-david-halpin-to.html
    http://drdavidkellyinquestrequired.blogspot.com/2011/06/office-of-attorney-general-december.html
    http://drdavidkellyinquestrequired.blogspot.com/2011/06/third-submission-of-5-by-dr-david.html
    http://drdavidkellyinquestrequired.blogspot.com/2011/06/fourth-submission-of-5-by-dr-david.html
    http://drdavidkellyinquestrequired.blogspot.com/2011/06/fifth-submission-of-5-by-dr-david.html

    BY THE WAY- ANOTHER SOLDIER WAS KILLED ON FRIDAY.

    NOW IT’S BECOME A BY THE WAY IN THE NEWS CAST…..HRH GOES IN FOR A NONE OP….15 MIN REPORTS…WHO THE HELL GIVES A SHIT-….A SOLDIER GETS A BY THE WAY…

  2. HERE WE GO—NEWS—HRH WENT TO CHURCH.

    UNDER HIS OWN STEAM….BRAVE OR WHAT?

  3. South Caucasus: World’s Next Full-Blown War?

    by Gaochao Yi

    Global Research, January 1, 2012
    Xinhua News Agency – 2011-12-26

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    Is there yet another crisis on the horizon of South Caucasus?

    -Georgia and the entire South Caucasus can serve as the bridge to Central Asia and the Middle East for NATO, once U.S.-led international forces pull their troops out of Iraq at the end of year.

    The trans-Caucasian pipeline is already starting to serve as a counterweight diversion of energy to Europe…

    No matter what happens as responses to whatever provocations, the South Caucasus crisis can remain a mere regional battle or develop into a full-blown war.

    TBILISI: South Caucasus, after the Balkans and North Africa, is presenting itself as a hotbed for another crisis which may well involve all the three nations in the region and players from the outside.

    Ethnicity-related territorial disputes that have arisen during and after the Soviet era are the direct causes of the South Caucasus crises long in the making.

    Such disputes have caused a flash conflict between Georgia and Russia in August 2008 in the north of the region and triggered on-again-off-again border sniper warfare between Armenia and Azerbaijan in the south, which claimed thousands of victims.

    The three Caucasian countries combined cover an area of slightly over 186,000 square km, accounting for 0.12 percent of the global land area. Yet on this strip sandwiched between the major and minor Caucasus mountain ranges, there are other dormant conflicts.

    For example, there has been a genocidal conflict between Armenia and Turkey, but the “football diplomacy” between the two nations has done a lot to ease the tension.

    Local players aside, outsiders with energy, security and strategy interests in this region are also trying to take advantage of the situation there, further complicating the Caucasus chaos.

    NATO, for one, is a big player in this region. To cash in its Bucharest Summit promise of eventually allowing Georgia into the military alliance, it may have to reset and perhaps even reinvent its relations with the former Cold War nemesis, not only in the South Caucasus but in all those areas where NATO and Russia have their respective interests to claim and verify.

    Georgia and the entire South Caucasus can serve as the bridge to Central Asia and the Middle East for NATO, once U.S.-led international forces pull their troops out of Iraq at the end of year.

    The trans-Caucasian pipeline is already starting to serve as a counterweight diversion of energy to Europe, and the European Union needs the tally to bargain with Russia for pricing as well as for supplying its own natural gas and oil to the West.

    Russia, another big player in the region, now has its farthest outpost to attend to after Georgia decided in the middle of this year to shut its airspace for Russian transport to its military base in Armenia.

    Even though it may use the bypass via Azerbaijan or Iran or even Turkey, Russia will have to sacrifice or at least trade some of its key interests to secure the passable air route to Armenia, its major ally in the region.

    This year saw another variable in the South Caucasus: Georgia, the one and only of the 153 World Trade Organization members up to now which has barred Russian accession. Yet now Georgia has signed an agreement with Russia which facilitated the conclusion of Russia’s 18-year efforts to get into the world trade club.

    The West, be it the European Union or NATO or the United States, may have used quite a few IOU’s to get Georgia to sign the accord with Russia in Geneva in November.

    And when the time has come to pay back these debts, and when the timing is not right nor convenient, things can go wrong.

    The scheduled elections in South Caucasus are a case in point.

    Both Georgia and Armenia will hold their parliamentary elections next year and presidential elections the following year. For the election campaigns, both the ruling and opposition parties may resort to strong rhetorics and even symbolic acts, which may also lead to turmoil in the region.

    During his brief visit to South Caucasus in October, French President Nicolas Sarkozy brought forth something which may be the South Caucasus part of his foreign policy manifesto for his French presidential election campaign.

    The “take-for-granted” policy toward the disputed Nagorno-Karabakh region may cause another round of heated arguments between Armenia and Azerbaijan and renewed sniper border skirmishes.

    Though Azerbaijan held its parliamentary elections in late 2010, the country will still hold its presidential elections in 2013, which will have to have the incumbent president and potential vying opponent align their foreign policy in and outside the region to strive for a better footing on both regional and international issues.

    No matter what happens as responses to whatever provocations, the South Caucasus crisis can remain a mere regional battle or develop into a full-blown war.

    ——————————————————————————–

    Stop NATO e-mail list home page with archives and search engine:
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    Global Research Articles by Gaochao Yi

    http://globalresearch.ca/index.php?context=va&aid=28437

  4. Please let your UK friends know about this epetition calling for the resignation of Attorney General Dominic Grieve, for not permitting an inquest into the death of Dr. David Kelly.

    http://epetitions.direct.gov.uk/petitions/26133

  5. Thanks centurean2. Please check that the confirmation email does not end up in your junk mailbox. Some people have experienced problems.

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