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Thoughts from a padded cell

10 February 2021

Letter to my MP re vaccinations.

I write with regard to the issue of ‘Covid’ vaccinations, with particular emphasis on their experimental nature and the attendant legal consequences.

 

1. The vaccines are licensed on an emergency basis. That indicates that there is no long-term evidence of their effectiveness and safety – they are experimental1. The International Covenant on Civil and Political Rights (ICCPR), amongst other international treaties, outlaws experimental medical procedures: this includes the use of experimental vaccines.

 

2. ICCPR Article 7: “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation. (Emphasis added.) It is a sine qua non that “consent” must be informed consent, freely given.

 

3. It is to be noted that Article 7 states “in particular” before referring to medical experimentation, thus both underlining the extreme seriousness of such activity, and confirming the fact that it is classified as a form of torture or cruel treatment.

 

4. For the avoidance of any doubt, Article 4.2 ICCPR clearly identifies that Article 7 is non-derogable: “No derogation from articles 6, 7, 8 (paragraphs I and 2), 11, 15, 16 and 18 may be made under this provision”. (This point has been confirmed on various occasions, e.g. by the United Nations High Commission for Human Rights in Geneva, affirming Article 4 in response to the assertion by George Bush that torture was a derogable right: [Article 4] “… lists provisions that may not be derogated from even in times of public emergency. These are: article 6, article 7…..…).

 

5. Proceeding from Article 7 ICCPR, Article 3 of the Human Rights Act 1998 (HRA), as per Article 3 of Council of Europe Convention for the Protection of Human Rights and Fundamental Freedoms states: “No one shall be subjected to torture or to inhuman or degrading treatment or punishment”. Article 7 ICCPR aligns medical experimentation with torture etc., and thus the correct interpretation of Article 3 HRA is that it must include medical experimentation. There is no provision for derogation - Article 15, re derogation in time of emergency:

1. In time of war or other public emergency threatening the life of the nation any High Contracting Party may take measures derogating from its obligations under this Convention to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with its other obligations under international law.

2. No derogation from Article 2, except in respect of deaths resulting from lawful acts of war, or from Articles 3, 4 (paragraph 1) and 7 shall be made under this provision. (emphasis added)

(There is also, of course, Article 8 HRA, which can be read as providing further protection re experimental medical procedures.)

6. The Public Health (Control of Disease) Act 1984 recognises the bar on forced / experimental medical treatments at §45E:

Medical Treatment:

(1) Regulations under section 45B or 45C may not include provision requiring a person to undergo medical treatment.

(2) “Medical treatment” includes vaccination and other prophylactic treatment.

 

7. The Universal Declaration on Bioethics and Human Rights, Article 6, regarding consent:

“1. Any preventive, diagnostic and therapeutic medical intervention is only to be carried out with the prior, free and informed consent of the person concerned, based on adequate information. The consent should, where appropriate, be express and may be withdrawn by the person concerned at any time and for any reason without disadvantage or prejudice. “

That principle is now fully established in domestic case law, see Montgomery v Lanarkshire Health Board Neutral Citation Number: [2015] UKSC 11.

 

8. I turn now to the issue of the granting of an emergency licence for the experimental vaccines. Such an act would materially impact on an individual’s perception, inducing the belief that the vaccine was proven to be safe, which is not the case. I understand that the MHRA received a gift of nearly £1 million from Mr Bill Gates, one of the main vaccine protagonists.

 

9. Dr June Raine, MHRA Chief Executive, in a press release dated 5 February 2021, described Sars-CoV-2 as a “terrible virus”. In fact, the IFR for the ‘terrible virus’ is comparable to seasonal influenza – see BMJ2020;371:m3883 et al. (Early models overestimated the lethality of Sars-CoV-2 some sevenfold.) I take the view that such hysterical exaggeration of the dangers of Sars-CoV-2 is not conducive to a balanced assessment of the exigencies of licensing issues.

 

10. The press release also stated “we remain confident that the benefits of these vaccines outweigh any risks”. The vaccines were licensed after only a few months of trials, long before the trials were due to be completed. Although animal trials had commenced, they have not been completed. ADE has proven to be a serious problem with coronavirus vaccines. For example, an animal trial for Sars-Cov saw vaccinated macaques suffer acute lung injury when challenged with the virus, which did not occur with the unvaccinated group. The possibility of an ADE / cytokine storm cannot be ruled out, and it may be 5-10 years before any vaccine can be proven to be safe.

 

11. The Government’s advertising campaigns, and press briefings, dishonestly conceal the fact that the vaccine is experimental and those accepting it are, in actuality, guinea pigs in the ongoing trials. The BBC breaches §4 of its Charter by non-disclosure of relevant facts.

 

12. All the forgoing raises the question of the chain of criminal culpability. Clearly, the first individual must be the Secretary of State for Health and Social Care. Whilst Parliamentary Privilege affords 5 basic rights, they do not include freedom from criminal prosecution. Cabinet Ministers and the MHRA Chief Executive presumably would be next in line, but liability could extend to all those involved, down to the individual injecting the substance and the owner of the premises.

 

13. It is interesting to note the effect that criminal proceedings might have. In Ireland, it appears that the number of ‘deaths with covid’ were redacted from 1,700 to 92, following legal action by Professor Dolores Cahill and lawyers. The doctors concerned are facing either prosecution for falsification of death certificates, or claims for medical negligence, arising from the fact that medical records showed they had not actually provided relevant treatment for the alleged ‘Covid’ patients.

 

14. The International Criminal Court Act 2001, incorporated into domestic law offences under the Rome Statute of the International Criminal Court. Section 50(1) defines ‘genocide’, under Article 6, as a deliberate act to destroy the whole, or part, of a national group and instances, inter alia, at A6(b) “causing serious bodily or mental harm to members of the group”. It could be argued that the use of experimental vaccines falls within the ambit of A6. Certainly, the use of DNR notices on unsuspecting care home residents would be likely to fall within the meaning of A6.

 

15. Article 7 defines as ‘crimes against humanity’ any widespread or systematic attack on the population including A7(f) ‘torture’ and A7(k) ‘other inhumane acts’ “causing great suffering, or serious injury to body or to mental or physical health.” It could be argued that, in order to prevent incompatibility with ICCPR, ECHR etc. (see paragraphs 2-7 supra), the definitions under A7 must be read as to render, as crimes against humanity, the trialling of experimental vaccines on a population.

 

16. One final point: If, as argued as paragraph 12 supra, criminal culpability extends to all those involved in the unlawful administration of experimental vaccines, then properly that culpability should extend to Parliament, which has, effectively, overseen the said criminality. Although unprecedented, there is no bar, in principle, to the arraignment of an entire Parliamentary assembly.


 

1 Pfizer/BioNTech vaccine phase 3 trial participants monitored for 2 years (until November 2022). https://www,pfizer.com/news/press-release/press-release-detail/pfizer-and-biontech-submit-emergency-use-authorization

AstraZeneca clinical trials (phase 3) due to conclude in February/March 2023.

https://clinicaltrials.gov/ct2/show/NCT04516746

11 February 2021

Addendum to my letter of 10 February 2021:

America’s Frontline Doctors (AFLDS) organisation made the following statement, in response to the refusal of Indian health officials to grant authorisation of the Pfizer ‘Covid’ vaccine. The refusal was predicated on the lack of evidence regarding the safety and efficacy of the ‘vaccine’ (Reuters report):

“President Biden and his COVID-19 task force need to immediately and clearly explain to the American people why the Pfizer-BioNTech experimental vaccine is safe for Americans despite Indian drug regulators denying its emergency use based on concerns about potential side effects, immunogenicity, and other data. The burden of proof should fall on the Biden White House to provide Americans with greater transparency and information so that they can make informed decisions about their own healthcare. Science should guide this administration’s COVID response plan not public relations, polls, and politics”. (Emphasis not added.)

Pfizer issued a statement: “Based on the deliberations at the meeting and our understanding of additional information that the regulator may need, the company has decided to withdraw its application at this time.” The US-based drug-maker said that the decision was taken, after a meeting with an expert panel from India’s state regulator, on Wednesday February 3 2021.

This raises the obvious questions: if the ‘vaccine’ is not safe, how is it possible that the UK government can continue to authorise its use; continue to exhort unsuspecting members of the public to acquiesce in receiving it, and why there appears to be a conspiracy of silence in the media on this issue.

It would appear that my comments at paragraphs 12-16 in the main body of my letter, re criminal prosecutions, may well turn out to be very prescient.

 

25 January 2021

 

This is a letter I sent to my MP. If anyone wishes to use part, or all, for the same purpose, please feel free to do so.

 

I have written to you on previous occasions regarding the Government's approach to Sars-CoV-2. I write again in light of certain, recent, developments which now appear to move the behaviour of Government Ministers, and their supporters, into the sphere of criminality. I make the following points:

 

1. The Sars-CoV-2 ‘crisis’ began, allegedly, in Hubei Province, China, with a lockdown on January 23 2020. However, sewage samples show the virus was already present in Italy and Brazil before this date, with one sample showing it present, in Barcelona, in March 2019. On the day of the Hubei lockdown, China flooded social media with fake ‘horror’ videos, extending that tactic world-wide in March, to garner support for total lockdowns. Lockdowns had never been utilised (even during Spanish flu) and no scientist had ever supported such a measure, until Xi Jinping, General Secretary of the Chinese Communist Party (CCP), personally authorized the unprecedented lockdown of Wuhan and other cities in January 2020. Judge Stickman County of Butler v Wolf [Civil Action No.2:20-cv-677]:

“It appears as though the imposition of lockdowns in Wuhan and other areas of China—a nation unconstrained by concern for civil liberties and constitutional norms—started a domino effect where one country, and state, after another imposed draconian and hitherto untried measures on their citizens.”

 

2. Certainly WHO, previously opposed to lockdowns, conducted a volte face, instructing other countries to follow suit, irrespective of the number of ‘cases’ and their demographic and economic circumstances. Conspicuously, the WHO response was predicated on the post hoc ergo propter hoc fallacy1, arguably a criminally irresponsible approach. (For the record, Tedros Adhanom, WHO Director, now faces genocide charges at the International Criminal Court at the Hague.) WHO were only able to declare a global pandemic due to the fact that they had previously re-defined what constituted a pandemic.

 

3. Prof. Neil Ferguson was responsible for triggering the hysteria leading to lockdowns. Ferguson / Imperial College have extremely close links to the CCP. It is also to be noted that Ferguson / Imperial have a long, and ignoble, record of hopelessly inaccurate forecasts. Ferguson’s predictions were criticised heavily at the time by other, more competent, modellers, but the Government chose to rely on a single, discredited, source for its projections. Inevitably, Ferguson has since relied on the post hoc fallacy, in an attempt to retrospectively validate himself. Ferguson is now facing legal action and prosecution in Belgium.

 

4. Lockdowns promote the novel approach to public health of the immurement of an entire, healthy, population. Transmission is at its maximum in those circumstances (University of Florida meta-study in Journal of the American Medical Association): “households are high-risk settings for the transmission of severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2)”.

 

5. There is no correlation between lockdowns and Sars-CoV-2 deaths, irrespective of the severity of the lockdown. This has been proven in multiple studies. There is however, a cost in lives from lockdowns:

“as we pointed out in our previous paper (“Quantifying years of life lost to lockdown”), we expect much greater mortality to result from lockdown than from COVID-19. It has been suggested that such mortality is already evident. Only a third of the excess deaths seen in the community in England and Wales can be explained by COVID-19. (see Pandemics Data and Analytics.)

 

6. That cost is echoed by: the ONS – 200,000 (for lockdown 1 only); Bristol University - 560,000 and WHO - 130,000,000 lives lost globally to poverty. This for a disease with an IFR of 0.05% for <70 (overall IFR 0.23%).

 

7. In the foregoing circumstances, the utilisation of lockdowns amounts, arguably, to gross negligence, which leads to the possibility of the conviction of the Ministers responsible on charges of involuntary manslaughter.

 

8. I now move on to other aspects arising from the lockdowns: As a result of pressure from the Chinese Government, thousands of patients were immediately placed on mechanical ventilation. As a result there was a 97.2% mortality rate for over 65s. Hydroxychloroquine was ridiculed as an effective treatment and withheld, causing many more deaths. A fake article in the Lancet, whose editor in chief, Richard Horton, is a staunch supporter of the CCP, was responsible for this. Similarly, Ivermectin, a safe, efficacious, treatment, was also withheld.

 

9. Turning to perhaps the most iniquitous part of the lockdowns: the care homes and ancillary scandals. The Government’s policy was to deny hospital access to over 70s, even those exhibiting the normal vital signs. Older people were pressured into signing DNR notices (in itself, a criminal offence). Vulnerable people were sent DNAR notices through the post, and in some care settings notices were completed on behalf of the residents without their knowledge or consent (also a criminal offence). There was also a policy of denying vulnerable people access to A&E unless a clinical adviser had given prior approval. Numerous screenings and treatments were put on hold, costing innumerable lives, a situation which still persists. Those responsible for implementing these acts cannot escape liability. The foreseeability of the consequences moves the acts well beyond negligence, and into manslaughter.

 

10. Inevitably, Ferguson appears again with his usual post hoc fallacy, the only thing in which he appears to have expertise. His claim, that his measures have saved 3.1 million lives, dissolves into fatuousness when compared to the devastating toll his measures will actually cost.

 

11. Turning now to herd immunity and asymptomatic spread, both issues manipulated by the CCP. Taking herd immunity first: this is a well established principle. Unfortunately, the Government has been duped, again, by the CCP on this issue. A Chinese Government campaign on Facebook (run with Facebook concealing the origins of the advertisements) claimed that herd immunity, acquired from either natural or vaccine immunity, was actually a ploy to violate human rights. Rather than challenging this nonsense, the UK Government actually encouraged, for their own ends, the mass hysteria.

 

12. There was also an assumption that zoonosis had occurred, and thus there was zero immunity. Prof Drosten actually stated that Sars-CoV-2 was closely related to the prior Sars virus, but failed to explain why, with zero immunity, so many of those infected had survived (particularly in non-lockdown countries / states), the latter point being taken up by Michael Levitt, Nobel Laureate, and his group2. The actual IFR for Sars-CoV-2 shows it to fall within the range of seasonal flu. In fact pre-immunity exists, and a study by Qimron/Gavish/Shahar/Levitt3 showed that no more than 20% of the population could become infected, and thus claims of zero immunity were false.

 

13. The other basis justifying lockdowns is the proposition that Sars-Cov-2 is novel, in that it has the unique property of spreading asymptomatically. A paper from McGill University refers to ‘numerous studies’, but all the studies in question originated in China. All studies outside China have failed to replicate the findings. Prof. Christian Drosten (of whom more anon) made an additional false claim re asymptomatic transmission, which was reported in the New England Journal of Medicine on 30 January 2020. This alleged asymptomatic transmission was from a Chinese woman who actually had symptoms, a point which the publication was forced to concede on 3 February 2020. There is no credible evidence of asymptomatic transmission, a point which must be known to the Government, SAGE and the Secretary of State for Health, yet it remains the cornerstone of lockdowns. University of Florida4 et al: “The lack of substantial transmission from observed asymptomatic index cases is notable”.

 

14. The mortality rates jumped only after lockdown was imposed, raising the question: was the lockdown partially or wholly responsible for such an effect? Again, the post hoc fallacy is called into play, seeking to retrospectively justify lockdowns. Reliance on such specious, self-justifying, arguments actually demonstrates an absence of legitimate grounds for such measures.

 

15. Every year during December - January, hospitals are close to / over capacity, due to seasonal spikes in respiratory cases, a fact which the Government and NHS normally seek to conceal. The situation this year is no different re occupancy, but this year the Government and NHS are playing up the occupancy rates, to generate more panic over Sars-CoV-2.

 

16. The Government has made regulations imposing compulsory mask wearing. There is a plethora of scientific papers showing that masks are not effective, and no credible studies showing they are. I make no comment re negative consequences of mask wearing: anyone so affected (e.g. bacterial pneumonia etc.) will be free to bring a claim against the Government or individual Minister in due course.

 

17. I now address the issue of vaccines, and make no comments regarding the putative efficacy, or otherwise, of the vaccines in question. The vaccine trials will not be concluded until December 2022, and consequently the vaccines must be classified as experimental. This raises the first question: can MHRA legitimately license, for use on the general population, an experimental vaccine. Secondly, under International law, all participants in vaccine trials must do so on a strictly voluntary basis, having been given relevant information regarding possible dangers / side effects. Failure by a state to proceed in such a manner will incur criminal liability. Thirdly, domestic law requires that all those undergoing medical procedures (including vaccination), must be given all relevant information, and consent must be informed and freely given. It is difficult to see how this hurdle can be overcome with the Government's approach of automatic, mass vaccinations, without disclosure of all material facts. Fourthly, whilst mandatory vaccination would clearly incur criminal liability, so too would any degree of coercion, such as ‘vaccine passports’, denial of services, etc.. It is arguable that criminal liability would not be limited solely to Ministers /Parliament and MHRA, but would extend to all those seeking to impose coercive measures (e.g. employers etc.). It would also render the actual act of administering the vaccine a criminal offence.5

 

18. Parliament has passed legislation limiting damages in Sars-CoV-2 vaccine claims. However, such legislation could not serve to provide protection to either the State, or individual Ministers, where there is criminal liability.

 

19. Then there is the matter of the PCR tests - it is these tests on which the whole edifice is constructed. The PCR test comes from the Corman-Drosten Protocol, and is now the most commonly used test for Sars-CoV-2 worldwide. The Protocol was submitted to Eurosurveillance on January 21 2020 and published the next day, without peer review. Drosten sits on the Board of Eurosurveillance - a blatant conflict of interest. The precipitate action appears to have been for financial gain. Drosten is now facing prosecution in Germany for fraud.

 

20. The PCR test has been shown to be hopelessly inaccurate – it is banned in Portugal after the Court of Appeal of Lisbon found it to be 97% inaccurate. Biologist Pieter Borger and his team have uncovered numerous fatal flaws in the Protocol.6 Both the PCR test and the similar N2 US CDC Protocol were developed using in silica (theoretical) genome sequences provided by Chinese scientists. The CA of Lisbon judgement concluded that the positive case counts had been inflated by as much as 10-30 fold.

 

21. A report from Italy’s National Institute of Health stated:

“The way in which we code deaths in our country is very generous in the sense that all the people who die in hospitals with the coronavirus are deemed to be dying of the coronavirus ... On re-evaluation by the National Institute of Health, only 12 per cent of death certificates have shown a direct causality from coronavirus, while 88 per cent of patients who have died have at least one pre-morbidity – many had two or three.” (Professor Walter Ricciardi, scientific adviser to Italy’s minister of health.)

 

22. The same debasement of normal death registration procedures has occurred in the UK, making it virtually impossible to identify the true cause of death. Gov.UK count all deaths with a positive PCR test in the proceeding 28 days as ‘Covid’ deaths. The ONS also add on all deaths where the certifying doctor might suspect Sars-CoV-2 based on the deceased’s (untested) symptoms (thus conflating all respiratory illnesses into ‘Covid’). These measures, in conjunction with the many other scurrilous measures taken to obfuscate the true extent of deaths from Sars-CoV-2 (that’s from, not with), would entitle a reasonable person to conclude that there was some improper / unlawful purpose behind the Government’s activities which the measures are designed to conceal.

 

23. There is also the question of the staggering amounts of money being squandered, on tests known by Ministers to be useless. That concern is exacerbated by the fact that a major part of the money wasted is being syphoned into the hands of friends / relations / cronies of Politicians, raising the spectre of corruption.

 

24. To sum up this point: we have a totally discredited test, based on hypothetical genome sequences provided by the Xi Jinping regime, with a 97% inaccuracy level, being used in mass testing, where the results of those mass tests are used to justify Government policy. That situation is then further manipulated by the deliberate debasement of normal death certification procedures, conjoined with the cynical obfuscation of the distinction between deaths with Covid and deaths from Covid.

 

25. The next question is whether, or not, the Government has sought to exert influence on third parties. Certainly, the Police have been ‘over-zealous’ with their handling / prevention of anti-lockdown protests, in marked contradistinction to protests by Black Lives Matter and Extinction Rebellion. The use of penalty notices has been abused, guidelines (e.g. social distancing) have been ‘converted’ into offences, police officers have forced their way into private residences, and unlawful road blocks imposed to prevent free movement. Immediately after Parliament went into the Christmas recess, Ministers imposed a new lockdown, seeking to enforce it via Police action. The Ministers responsible would be fully aware that, even though the requirement for a draft has been removed under the enabling Act, any instrument must still be laid for resolution. This raises two questions: Why wait until Parliament had gone into recess, and why pretend that the new ‘regulations’ were ‘law’? It appears to have been a deliberate act to undermine the will of Parliament over the Christmas relaxation of lockdown. The justification put forward was that a ’new’ more contagious mutation of the virus had occurred. This was untrue. Apart from the fact that viruses constantly mutate, usually attenuating, the ‘new’ mutation had actually been around since September, showing no sign of greater contagiousness.

 

26. There has been a recent reaction in shops / commercial premises, whereby those not wearing masks have been refused entry. The relevant regulations provide certain exemptions for those with disabilities (the list is not prescriptive), as is necessary to remain intra vires the Equality Act 2010. Banning persons in such circumstances incurs liability for damages, but may also result in a Private Criminal Prosecution (PCP). The first claim (liability admitted) attracted £7,000 damages. It is implausible that numerous shops / commercial premises would all have reacted in the same way at the same time, and thus betokens the surreptitious hand of Government.

 

27. In care homes also, there has been a timed move to force all staff to accept vaccination or face dismissal. It is difficult to see how a contract of employment could sanction such an approach. Absent a specific clause, staff would have a claim for unfair dismissal. Any attempt to read into a general clause such a specific requirement would be void, as it would seek to subvert domestic and international law regarding the impermissibility of forced vaccination (see paragraph 17 supra). Even a specific clause would founder on that basis - it would be void in that it sought to impose the enforced assigning away of rights. I understand that care home staff are receiving advice, to require everything to be placed in writing, and to record all relevant conversations (covertly if necessary7). In light of the likelihood of future litigation, this is sound advice.

 

28. The Government, ostensibly, bases its actions on information from SAGE. However, we know of at least one occasion where SAGE provided false figures to bring about a lockdown. The question thus becomes: is the Government controlling SAGE, or is SAGE controlling the Government? In view of the influence SAGE exerts, it is proper to consider the political and commercial interests of its members. A FOI request met with the response that the Government did not have this information. In fact, at least one SAGE member is a committed Communist, and others have business links to the pharmaceutical companies producing the Sars-CoV-2 vaccine. So, is it appropriate to act on advice from individuals who may have a vested interest in providing tendentious advice?

 

29. It is a matter of record that SAGE initiated a campaign to inculcate fear in the population (the ethical justification for which is non-existent). That ‘terror’ campaign has led to hysteria and unreason, with reasoned risk assessment / debate long since vanishing. Instead, we have the circular sophistry approach of: it’s common sense that lockdowns, masks, and social distancing must work, ergo any scientific evidence showing the opposite must be wrong, and any failure of the policies must be due to non-compliance, thus proving that more assiduous enforcement is a guarantee of success.

 

30. There has been criticism of Ofcom for stifling free speech. There has certainly been an emphasis on ‘experts’ who conform to the Government narrative (Neil Ferguson being a prime example), whilst the multitude who disagree, including expert epidemiologists and virologists, are conspicuous by their absence. The media has also suppressed facts and statistics relating to collateral deaths arising from the measures. The question, again, is whether this is as a result of ‘behind the scenes’ pressure from Politicians. It is also worth noting that, during the first ‘spike’ of deaths attributed to Sars-CoV-2, 6,000 people died of non-covid causes because they were too scared to leave home and seek medical treatment, due to fear instilled by the media (ONS report).

31. The Government has utilised fear-mongering, misinformation and deceit to allow it to continue with its chosen approach. Statements made by ‘Government sources’ conflict with those made by reputable independent sources (this extends even to the alleged behaviour of the Sars-CoV-2 virus). The inevitable consequence is that nothing emanating from Government, individual Ministers, or SAGE can be taken on trust.

 

32. In all, there has been an unprecedented attack on human rights and personal freedom, something never previously experienced, even in wartime or during previous, more serious, health crises. The economy has been destroyed, society damaged (possibly irreparably), serious and long lasting harm has been inflicted on health and mental health, and huge loss of (non-Covid) lives inflicted. None of this can be justified on the facts.

 

33. Whether this governmental debacle is entirety self-inflicted, or whether Parliament has been duped by the CCP, is a moot point. Parliament embarked on a catastrophic policy, has refused to resile from it, and must take responsibility for the consequences. Those consequences lie in both civil and criminal actions.

 

34. One would properly expect that fundamental human rights issues would be vigorously protected by the civil courts. However, in Dolan & Others v Secretaries of State for Health & Education, Neutral Citation Number: [2020] EWCA Civ 1605, the Court of Appeal found (paragraphs 92-97), citing Guzzardi v Italy, that there had been no violation of Articles 5 & 8 ECHR. In Guzzardi, the Court found:

“The difference between deprivation of and restriction upon liberty is nonetheless merely one of degree or intensity, and not one of nature or substance”, and “The starting point must be [the] concrete situation and account must be taken of a whole range of criteria such as the type, duration, effects and manner of implementation of the measure in question”.

35. In addition, the deprivation of liberty (Article 5 ECHR) does not turn on the purpose of such deprivation (Rozhkov v. Russia (no. 2), and has both an objective element and a subjective one, the latter turning on whether, or not, the individual has consented (Storck v. Germany, and Stanev v. Bulgaria [GC]).

 

36. Applying these precepts, the CA properly should have considered that:

i)     lockdown is merely a euphemism for what constitutes house-arrest,

ii)    individuals were allowed out only once a day for shopping or exercise,

iii)   the immurement had taken place without public consent,

iv)   it had not been sanctioned by any court,

v)    there was no right of appeal,

vi)   it was initiated as a three week lockdown,

vii)  it was then extended indefinitely with no public consent,

viii) measures were imposed under the menace of penalty.

 

37. The CA should also properly have considered that there was no cost / benefit analysis in relation to the measures, and no examination of potential collateral consequences. The CA conspicuously failed to make due consideration of the relevant criteria in Guzzardi et al. Two more issues arise from Dolan: (a) the judgement seeks to effectively outlaw rolled-up hearings8, thus permitting indefinite lockdowns (in this instance) on the basis that each one is the product of subtly different regulations, and therefore discrete, and (b) the judgement effectively finds that the margin of appreciation re qualified rights under ECHR is unlimited, and that it is for Ministers to decide what rights they will allow, rather than imposing the minimum infringement of the said rights. That finding is a perverse inversion of the fundamental purpose of the ECHR legislation.

 

38. It is to be noted that the CA did not conform to normal practice, in allowing permission to appeal to the Supreme Court, but chose instead to refuse permission, thus preventing their judgment from being overturned. In light of the profound attack on liberty and human rights arising from the Coronavirus Act 2020, this is a somewhat surprising decision.

 

39. It is clear from the above, that any challenge via the Judicial Review route is likely now to be unsuccessful, no matter how well founded. However, there is another avenue, namely a Private Criminal Prosecution (PCP). It is open to any individual to bring a PCP, and whilst crowdfunding may be necessary to initiate proceedings, once permission is granted public funds are available. The necessary standard is the same as that in prosecutions brought by the CPS. The advantage of PCPs is that they are jury trials, which significantly lessens the possibility of Governmental, or indeed judicial, interference in a fair determination. I understand that a PCP is already in process against the Secretary of State for Health, Matt Hancock. However, there is no reason why such prosecutions should be limited solely to a Secretary of State, nor indeed Ministers – if there is evidence of wrongdoing, that individual is susceptible to a PCP.

 

1 If event Y postdates event X, event Y must have been caused by event X.

2https://www.dropbox.com/s/72hi9jfcqfct1n9/Haaretz- 20Jul20_ENGLISH%2012082020%20v3.

pdf?dl=0.

3 https://www.dropbox.com/s/72hi9jfcqfct1n9/Haaretz-20Jul20_ENGLISH%2012082020%20v3.pdf

?dl=0 .

4 Household Transmission of SARS-CoV-2: A Systematic Review and Meta-analysis | Global Health | JAMA Network Open | JAMA Network

5 UN International Covenant on Civil and Political Rights (1966) Article 7.

(The Nuremberg Code)

Universal Declaration on Bioethics and Human Rights, Article 6.

Montgomery v Lanarkshire Health Board Neutral Citation Number: [2015] UKSC 11

6 Pieter Borger et al., External peer review of the RTPCR test to detect SARS-CoV-2 reveals 10 major scientific flaws at the molecular and methodological level: consequences for false positive results, Nov. 27, 2020, https://cormandrostenreview.com/report/.

7 Re admissibility, see: Civil Evidence Act 1992 and Ventouris v. Mountain (No.2) [1992]1 WLR 887 CA

8In this context, rolled-up hearings are where challenges on different regulations, made under the same primary legislation, are combined into one hearing.

coronavirus.png

 

 

DOOM WATCH

 

9 April 2020:

 

Is Corvid-19 the new Black Death?.  No, of course not.  But judging by the sensationalist 'doom watch' coverage in the media, one would be excused for thinking it was.  Reasoned assessment of risk seems to have flown out the window.  In truth, the virus poses no threat to healthy individuals.  The media search constantly for the handful of anomalous cases, whereby an individual, allegedly without a pre-existing medical condition, died from the virus.  In any situation there will always be exceptions, and treating the exception as the norm is to place irrational sensationalism over sanity.   

 

There are two reasons why the epidemic has progressed in this country, both due to the Government's incompetence.  Firstly, there was no testing and tracing at the initial stages.  This was in direct contravention of the WHO guidelines.  Secondly, the advice that all vulnerable people should self-isolate, for 3 months, was predicated on the irrational assumption that all such individuals would be able to obtain food, medicines, reading material, pet care facilities and anything else they needed, all without leaving home.  Some people may have been in that fortunate position, but most would not.  It was incumbent upon any responsible government, at the beginning, to ensure that measures were in place to provide such support, thus allowing proper self-isolation.

 

We are now all under what is, effectively, house arrest, with the Government utilising the Police to prevent freedom of movement and association.  The question is, particularly in light of the Government's bungling, do they have a mandate to act in such a manner?

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Thoughts on coronavirus

Now that we are all under what constitutes house arrest, on the orders of Boris Johnson, this may be an appropriate time to make a rational assessment of the facts. 

 

Firstly, how the epidemic could, and should, have been handled:

 

There was a simple, effective, approach available to the Government to deal with the matter:

(i)  Advise all vulnerable individuals to isolate themselves at home.

(ii)  Set up a help-line to ensure that those individuals were provided with home deliveries of food and any other required items (e.g. medicines, books etc.).

(iii)  Make sure any other needs were met, such as dog-walking.

(iv)  Allow the rest of society to continue to function as normal.

(v)  Recognise that, in a democratic society, vulnerable individuals have an absolute right, if they so choose, to decline self-isolation and accept the risk.

Such an approach would have maximised the effectiveness of self-isolation, and minimised the damage to the economy.  It would also have minimised the period during which isolation was necessary.

 

There are other consequences attendant on the house arrest to which the population has been subjected.  In 2018 there were 6,507 suicides in the UK (18 per day).  It is a fact that depression arising from confinement leads to an increase in suicides.  Confining individuals to their homes will inevitably lead to an increase in suicide deaths.  People living on their own, particularly the elderly, are likely to be particularly vulnerable when denied the right to socialise.  There is also likely to be a significant rise in suicides involving those who have lost their jobs or businesses.

 

Each year in the UK almost 6,000 people (16 a day) die from accidents in the home.  Confining people to the homes is likely to increase that number of deaths.

 

The Government's policy of prolonging the spread of the virus is ill-conceived and counter-productive.

 

Figures:

 

Figures from the World Health Organisation show that yearly deaths from the influenza virus are 290,000 - 650,000.  The number of deaths each year from influenza in England, between 2014-2017, was 17,000.  Both influenza and the coronavirus share the same feature, namely that they impact on the mortality of individuals with pre-existing medical conditions.  

 

The number of deaths to date from coronavirus in the UK, in the non-vulnerable group, is 0% (ZERO).  The NHS has identified 1.5 million vulnerable individuals.  To date, (27 March) the number of UK deaths in the vulnerable group is 578, a rate of  0.04%.  This is nowhere near the half-million figure mentioned by Boris Johnson  (which would require a rate of 33.3%).  The number of deaths worldwide, to date, is 26,368 a mortality rate of 0.00038%.

 

Neither the NHS nor the Government have any figures for the number of people who either have, or have had, coronavirus which went unreported.  The Government is acting in ignorance of the true numbers of cases involved.  If coronavirus is already widespread, then the Government's actions would amount to no more than the pointless exercise of locking the stable door after the horse has bolted.  Alternatively, if there are only a few cases, then the virus is not easily transmitted, and the extreme response to date is unwarranted.  Either way, attempting to slow the spread of the virus extends the length of time available for transmission, constituting a self-defeating objective.

 

Finally, clearing hospitals of all non-urgent cases will cause pain and suffering to many individuals, and inevitably some non-urgent cases will become urgent merely by the passage of time. 

 

Cost to the economy:

 

The current estimate for the deficit due to the Government's coronavirus measures is over £200 billion, and Parliament has been forced to increase the contingency fund from £10.6 billion to £266 billion.

 

The Government does not have money of its own, its revenue arises from taxation. The closure of businesses has led to a massive fall in those revenues, as company profits, earnings and spending have collapsed.  In addition, the loss of small businesses, the self-employed and high street closures have all impacted on the growing problem. 

 

Large numbers of people are losing their jobs.  Since 18 March 2020 there have been 477,000 new claims for unemployment benefit, an eight-fold increase over the usual rate.  As more businesses fail, that number will continue to escalate.  This means that there will be a massively increased demand for benefit payments, accompanied by a massive decrease in the revenue needed to meet that requirement. 

 

The economic consequences will be felt for years and probably decades.  It is now predicted that we could be facing a depression on a scale unseen since the 1930s.

 

Future considerations:

 

Apart from the crippling cost to the economy, there are other future consequences to be considered.  Sport, and particularly football, shut itself down on the basis that it was worth such an action to save 'just 1 life'.  As 17,000 people die each year during the annual influenza epidemics, sport must now shut itself down every year, or be accused of blatant hypocrisy.    

 

The Government, being prepared to spend hundreds of billions of pounds over the coronavirus epidemic, has forfeited the right to refuse other medical treatment on the grounds of costs.  In future, any individual requiring medical treatment must be provided with that treatment, irrespective of cost.

 

In a similar vein, as the Government is prepared to spend hundreds of billions of pounds on coronavirus, there is no justification for denying unemployed individuals benefit equal to the living wage.  There is also no justification for 'sanctioning' individuals, i.e. removal of benefit, a policy aimed at massaging unemployment figures by creating 'off-flow', which particularly targeted those with learning or mental health issues (see https://janesmithscc.wixsite.com/corruptukcourts at Case 1). 

 

Role of the media:

 

The whole issue of the pandemic has been driven by the media, who in turn have been pandering to the 'nervous ninnies'.  Every day there are news 'specials' about the coronavirus "crisis", and newspaper headlines presenting misleading figures to ramp up anxiety. 

 

Interestingly, Boris Johnson initially had a balanced approach, declining to take precipitate action.  However, the SNP in the Scottish Parliament, undoubtedly to court media approval, introduced a ban on gatherings of more than 500 people.  That, in itself, was irrational as it is proven that such bans have negligible effect, as individuals will simply socialise elsewhere. 

 

The action of the SNP then seemed to trigger Boris Johnson into similar action, to appease media demands.  Having started on such a course, he then ratcheted up his orders to the public and, when the public chose to exercise their right to continue to lead a normal life, Boris Johnson ordered society to be shut down, placing everyone under what is, effectively, house arrest. 

 

It is a matter of concern that, in an allegedly free democratic society, a government can imprison its own citizens, deny them freedom and violate their human rights, without any mandate from the electorate for such action.  It is the sort of behaviour normally associated with third world dictatorships or ex-east European states.

 

The justification in the media is that we face the biggest threat since WW2.  It is ironic that the only countries where the population was under such control were those invaded by the Nazis.  As a free country, Britain never imposed such house arrest.  The comparison is merely a further example of the hysteria manufactured by the media.  

 

The latest brainwave is to reduce supermarket opening hours from 8am to 8pm.  Now lets see - you have the same number of people needing to buy food, but within a reduced time period, thus ensuring there is actually an increase in shopper density at any one time.    That is the sort of idiocy of which only a politician is capable.

 

There are now suggestions that the Government will close down social media, ostensibly to avoid 'panic' when, in reality, it would be for the purpose of silencing criticism of their bungling incompetence.      

28 March 2020

 

Further thoughts on coronavirus:

 

The Government has ignored directives from WHO regarding the optimum way to control coronavirus, namely that countries are best able to control outbreaks of the virus by extensively testing people who might be infected, isolating them away from their friends and relatives, and tracing those with whom they have been in contact.  The key to proper control, testing, has been ignored by the Government.  Devi Sridhar at the University of Edinburgh, UK, said: “I think it is incredibly surprising that testing and contact tracing is overlooked.  Outbreaks begin and end with testing.”

 

Instead the Government have chosen to base their strategy on one computer model, by Imperial college London.  Firstly, it is both bad science and highly reckless to predicate any strategy on a single model.  No model will be perfect.  Paul Hunter at the University of East Anglia, UK:  “it is risky to put all your eggs in a single basket.  Ideally, the government should incorporate the results of at least two different teams of infectious disease modellers".

 

The model has been subject to strong criticism, e.g. New England Complex Systems Institute, a research group in Cambridge, Massachusetts, which identified that the Imperial model is flawed and contains "incorrect assumptions".

 

The model predicted a death rate of 510,000 if no measures were taken.  However,  as there is a zero death rate for non-vulnerable individuals, the predicted figure would have to fall entirely within the 1.5 million vulnerable individuals identified by the NHS.  That would give a mortality rate of 33.3% i.e. one third of that group would die.  That is a figure totally out of line with any country's rate.

 

As the Government has not conducted any meaningful testing, the model was based on incomplete epidemiological evidence.  One could conclude that it was, effectively, guesswork.

 

We are now told that predicted deaths are 5,700, some 1.1% of those forecast.  The Government claims that the reduction is due to its lockdown policy, but there is no meaningful evidence to support such an assertion, particularly in the absence of extensive testing and epidemiological evidence.  

 

The lockdown would have had the effect of isolating the vulnerable, thus reducing deaths, but that same result would have been achieved by isolating only that group.  It seems to be more a case of the Government rushing to take credit, to deflect attention from their bungling and to avoid a public backlash.

 

Finally, we are told that the peak for infections will be at Easter - 12 April 2020.  Research published in the Annals of Internal Medicine show that the virus takes, on average, 5 days to develop, and that 97% will have symptoms within 11 days of infection  The lockdown commenced on Monday 23 March 2020.  Easter is some 21 days after that date.

 

It is claimed that 13 people, without pre-existing medical conditions, have died from the virus.  (From a non-vulnerable population of 58.5 million)  Even if correct, that is a number so infinitesimal (2x10 to the power of -5) as to be statistically irrelevant.  There will always be anomalies.  People have survived a fall, without a parachute, from an aircraft - that does not mean parachutes are unnecessary.     

Further thoughts on those rendered unemployed:

 

To date, almost a half-million have become unemployed due to the lockdown policy.  It is likely that the majority of those individuals will have little or no savings.  Even if they are able to register for Universal Credit there is a 5 week wait before payment commences.  As Jobcentres are shut, attempting to register for Universal Credit is a nightmare. 

 

Once payments commence, claimants over 25 will receive just £73.44 each week, with under 25s receiving less.  There is then the issue of the 'bedroom tax'.  Any bedroom deemed unnecessary, e.g. a second bedroom in the home of a couple, will result in a deduction of the Housing Benefit paid.  Consequently, many people would be forced to leave their homes and could become homeless.  The impact on mental health, of these consequences alone, are grave.   

 

Obviously, the Government could decide not to apply the 'bedroom tax' to those made unemployed by its lockdown policy, but that would simply constitute an admission that the 'tax' was unjust and iniquitous.

 

The Government has said it will offer a bail out to the self-employed, but only up to a  maximum of £2,500 per month.  Analysts have calculated than 35% of the self-employed would get nothing.

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