Yes, the case still continues. I had to provide a skeleton argument to the court but I decided to go in with both barrels blazing, as I cannot stand the constant trickery and underhand tactics of Hampshire Constabulary that sadly includes the Isle of Wight.
The court said that it would be a virtual event with myself, as the claimant and Leverton, as the defendant but after I told them that I did intend providing an argument against dismissal of the case, they suddenly appointed a barrister, Mr Zander Goss of the 5 Essex Court Chambers, without any prior notice.
In my statement, I made some bold accusations but I do not care. I want Leverton held to account for all that he did to me; I have detailed this in length within my blog posts. I WILL GET JUSTICE
Here is the statement in full, sent to Bristol County Court
Skeleton argument in respect of the appeal against dismissal
Case number 239MC050
I hereby provide a skeleton argument in respect of the above case
I have to state that with all due respect, I do not consider that the judiciary is independent on this matter and that Hampshire police have been liaising with the courts to have this case dismissed
I was notified by the court that Leverton had moved off the island and now reports to a police station in Southampton. Given that he is just a staff officer, this was nothing to do with any promotion but was to do with ensuring that he was kept out of the way
I believe that Leverton is a mason and has been liaising with my father and brother (or agents) who are also masons. It is well established that masons are rife in the police and, of course, in the judiciary. This allegation is not one of defamation as the masons are not a proscribed organisation.
When Leverton first made contact with me by telephone, he asked me to come in for a chat on a voluntary basis. I stated that given I was severely agoraphobic, under PACE, I was not prepared to come to the station and he was legally obliged to take my mental health into account. He responded by saying that he understood and would get back to me.
Two days later, I had two officers at my back door, saying that they wanted to come in and that I was under arrest. I opened the door a crack to speak to them but one of the officers forced his boot into the gap. He then forced his way in.
The officers stated that I was under arrest but never stated what I was being arrested for. Nor did they show me a warrant for my arrest.
I repeated the reason that I was not prepared to come with them insofar that I suffered from agoraphobia. They ignored this and tried to pull me out of the door. I immediately went to the kitchen sink and held on for dear life but the officer was younger and stronger than me and dragged me off the sink. He used unreasonable force, which is contrary to PACE, as I did not threaten anyone; it is not in my nature and has never been. It should be stated that my agoraphobia is well documented and recognised by my GP practice, the South Wight Medical Practice. Not only that but the proof of my condition can be easily determined by my activities insofar that all of my needs are delivered to my door and that I only go to two places. One is my GP practice to collect my medication and to have blood tests. The other is to my osteopath which is bi weekly, as I have a damaged back and neck.
Nevertheless, regardless of my severe condition and despite my protestations, I was dragged out of the house and thrown into a police van. I immediately became catatonic and by the time I arrived at the police station, I could not move. I had to be dragged off of the floor of the van by a number of officers and onto the car park floor.
I was then raised to my feet and held up by two officers who took me inside. Given that I had become catatonic, the police were legally obliged to call for an ambulance or a qualified medical professional. They did neither of these things.
Clearly, I was in no fit state to answer any questions, either of the duty officer or Leverton himself. These inactions were a gross breach of PACE. Indeed, if I was going to court, the person who was defending me would state to the judge that I was incapable of being able to defend myself or ask any questions that may have determined my fate. The judge would have had no choice but to defer the court appearance until I got better, if I ever did but the duty officer and Leverton ignored these core principals and I consider their actions to be a gross breach of PACE.
Despite my body being in a state of seizure, I can remember the female staff officer asking what the grounds were for my arrest. The officer who dragged me away from the sink stated and this is hard wired into my memory that I had been arrested for “failure to attend a VOI (voluntary oral interview) and for defamation”. The former was not a crime at all, as it was voluntary and the latter is a civil matter. Despite that, the duty officer authorised my incarceration. Quite frankly, the officer could have said anything and the duty officer would have authorised my imprisonment. The duty officer was wearing red nail varnish which is contrary to the police dress code. Despite my catatonic state, my brain recorded these seamlessly unimportant pieces of information and I include them with no issue whatsoever.
All of these police conversations were recorded on the officers’ bodycams, as well as the awful arrest being recorded on my CCTV. Though I do not have the proficiency to extract the video of my arrest, I am more than willing to pay for a professional to extract this information if necessary. It was also recorded on the camera that recorded all events at the duty desk
As to the bodycams, I was advised by PC Ben Boham-Jones that:
- Firstly, the footage had been wiped off,
- Then he admitted that it did exist but I could not have it and
- Finally, he accepted that I could have the footage but had to apply for it, which I duly did. But it never arrived.
- I have ALL of the emails to prove this
I compare this debacle to the real situation, where police departments regularly release body cam footage like confetti to the media. As an example, I use the very sad case of the murder of Sir David Amess MP and the footage showing the arrest of the perpetrator.
I received an email from Hampshire police stating that I had never ever asked for body cam footage. What the police do not know is that within my email account, I have a multitude of folders and pinned emails and can prove unequivocally that I did ask for the body cam footage and have all of their responses; that is the way that I organise my life and always have. Hampshire police have lied.
The entire interrogation with Leverton was a debacle. Not only should it not have taken place at all, as I was still suffering from my catatonic attack and could not think straight but he put words into my mouth, first by sympathising with what my family had done to me and then suggesting matters to which I could not give the right answer. I was not even thinking straight when I refused a duty solicitor.
His direct actions and his incitement to actions carried out by others was grossly unprofessional but it led to a situation that was even more serious. It ended up with me being judged guilty by a masonic judge, even though I was in a psychiatric hospital at the time, a position that the IOW court knew all too well because I told them in advance. That eventually lead to me being placed on remand for a month whilst on suicide watch 24 hours a day. But I fought back by accusing the judge of being a mason, to the governor of the prison and at the sentencing, despite his constant vociferous attack on me, he gave me a suspended sentence. That proved to me that without a shadow of a doubt, he was a mason. Not only that but the governor was illegally passing information to the judge.
As I can never be accused of defamation, I accuse the judge in charge of this case to not only be a mason and in liaison with my masonic family or their agents but also to be complicit with Hampshire Police
The case for dismissal was a complete travesty and for the judge to state that without even holding a hearing, he or she has dismissed the case for insufficient evidence, not only holds his or her position as an independent member of the judiciary in disrepute but is also morally corrupt by virtue of his or her masonic lineage.
Leverton (and Hampshire Police) should finally accept that he has done me great physical and mental damage, by virtue of gross breaches of PACE and that Leverton is liable for the accusation of gross misconduct and should be dismissed with compensation and damages being paid to myself. Only time will tell if I will ever recover from my horrendous experiences.
I have just received notice that Leverton will be represented by a barrister at the hearing; Mr Goss. Two matters emanate from this. Not only do I consider this to be a case of “cracking a nut with a sledgehammer” but I cannot afford a barrister to defend me. Indeed, as was notified to me by the court, the case would be held virtually with both Leverton and I being online, with just the court officials and the judge, who would determine as to whether the case would be set aside. As the barrister will be paid from public funds, I see this as not only a total waste of tax payers’ money but is also totally unjustified. Cannot Leverton stand up for himself and defend his own actions or is he so guilty that it takes a barrister to get him out of hock? Why is it that less a week before the hearing, I am notified that a barrister will defend Leverton? I see this as an unprofessional action by the Hampshire Force Solicitor in that he or she does not care how much money is spent, providing that Leverton gets off and does not care about justice; just as long as Leverton gets off, as if he was found culpable, a significant claim for compensation would be levied against Hampshire Constabulary.
To summarise, if my arrest was justified for whatever reason, Leverton would not have asked me to come in for a voluntary interview first. Instead, the police would have come to my house and arrested me. He knew that the evidence was very thin; he knew that I suffered from agoraphobia and would be dramatically affected if I was dragged out of the house.
To put it succinctly, Leverton knew that he had no case but by utilising my poor mental health and the inevitable effects of being arrested when I was agoraphobic, he knew that he could manipulate me during an interrogation whilst I was in a catatonic state, relatively lucid or not.
This is the end of my statement and I confirm that the entire skeleton argument will be published on my blog and will be passed to Mr Mark White, the Security and Home Editor of GB News. I cannot be accused of defamation with regard to any of this argument, as I can prove it all as FACT.
Total pages to this submission – FOUR
David Hender
28th April 2022
David's Diatribe 