Thursday, June 17, 2010

Sunday Bloody Sunday

Sunday Bloody Sunday

In replying to this letter, please write on the envelope:
Number F78903 Name HIRST
H.M. Prison
Hedon Road
Hull
North Humberside
HU9 5LS

Sunday 5 May 1991

Dear Bryan,

Thank you for your recent letters. You was wrong again in your guess at which section of the Independent 22/4 I required - ot is the back page. It lists all the running times and placements of those who took part in the London Marathon. I wasn't more specific in the first place, because I believed all you had to do was pick up the phone or pop into their office and ask for a couple of back date copies.

I have been down the Seg Unit since 25 April on GOAD/own interest. Management is still non existant in the Special Unit, or it appears that way. Once more a political decision has gone against me. My future is uncertain: I am again in the dark.

I will, of course, be challenging the injustice in the same legal manner I have tackled the adjudications and temporary transfer to Durham. These cases are now at the stage where counsel has been instructed (or should I say briefed) to seek applications for judicial review. I have Tim Owen representing me. He is the best man in the field of Prison Law, I believe. My solicitor has already got his opinion, which confirms my own, that the B.o.V at Durham have not got a legal leg to stand on in court. The duty of reasonable care towards me was not given proper attention. They will now have to pay for their mistake. I did give fair warning at the time that they were legally liable. Stupidly they blundered on...

The other cases look good aswell, but I wait his opinion on those. Meanwhile, the Treasury Solicitor now appears ready to consider to concede the property claim I have in motion at Wakefield County Court. After a 3 year fight, victory is in sight. It has now been accepted that my claim was good all along. When the Treasury Solicitor suggested to mine, a couple of quid over the odds, he was told no negotiation was contemplated. I will only settle for a total victory i.e. £493.50 (plus costs). When I first asked for £362.50, I was told £100 was the full and final offer. Then I was offered £241 (£5 short of what the 41 records were worth, without account for the rest of my property claim). I wrote back and stated my initial claim was low because I wanted a quick settlement, and if it wasn't met in full I would fight for more. Now I've won, the idea was to go backwards to my original figure that they chose to reject. The bloody Home Office want it all ways!

It seems all my legal studies are now paying off. Still, the "fighting fund" is non-existant, are you skint after your holiday? Another additional expense: will you order "Imprisonment: The Legal Status and Rights of Prisoners" by G.D. Treverton-Jones (Sweet & Maxwell 1989) ISBN 0-421-32230-6? It is a paperback, and should not be over £10. It is a text book on prison law. Probably the only one on this subject. Obviously, there is a need for my authoritive work. It is a growing field, prison law, that is. I feel quite honoured to read my lawyer's: "Instructing solicitor has relatively little knowledge of Prison Law, though he is fast learning it under Mr. Hirst's expert guidance.", in his draft instructions to counsel. It is a variation of rags to riches, criminal to lawyer. It is doubtful if I will ever practice in court, but I can lecture or advise barristers how to present their cases in court.

The t.v. mini-series Underbelly is in pre-production now. The credit is now mine for my efforts "story consultant", but I am pinning Intial Film & Television down to where the credit is placed. The others sorted their slots at the begining, my rights were conveniently ignored. The bad penny turned up again. I will play my joker if no amicable agreement is reached, that is, an injunction to stop the BBc showing it until the credit placing is finalized. Until I am tied down to a contract, the ball is in my court. I am hoping the settlement will be friendly...

Stay tuned to this channel,

all the best

John

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