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Caradon's Lying Pengelly Injunction


[ this is a 2005 file that will be split into parts, and redrafted ]

I told how I recieved the Refusal Notice,
and then went to Caradon
and realised Hartridge had committed serious criminal offences.

This posting tells how I edged myself forward
because I was terrified of Caradon
taking legal action against me in a pre-emptive strike.

I realised that there were basic wrongdoings that were easily provable,
and those which were more difficult,
so I would write to Caradon saying
that I would release a document making an easily provable point in a few days,
and suggesting they get an injunction
if there was anything in it that they disagreed with.

With no injunction,
I would go on to the next point, and use the same technique,
and as each document was released
it became more difficult for Caradon to seek an injunction
as they would need to explain why they had not done so previously.

Bear in mind that at this time I had six properties
with a value of between a quarter and half a million pounds,
no cash, and no lawyer,
and you will see that I was a lawyer's dream target -
asset rich, cash poor -
a man with nothing but the truth and his wits.

By early 1991 I realised that I could say whatever I liked,
and Caradon would do nothing.

I had been talking at length with District Councillor Tony Knott, of Calstock,
who was slowly beginning to see there was something seriously wrong,
but was frightened stiff of Hartridge -
and with very good reason,
because Hartridge later bulldozed his home
in revenge for Knott speaking out, albeit timidly.

I drew up a series of incredibly simple questions
that were designed to alert councillors to the criminality of Hartridge and Tolley,
and asked Knott to forward it to Caradon under his name in the Public Interest.

He was clearly frightened,
but said he was willing to sign it
if Cornwall County Councillor Roger Screech and Callington Portreeve Jeremy Gist
signed as well.

Roger Screech was the only Councillor
who ever took the trouble to come to my home,
and find out the truth,
and it was quite clear to him what Hartridge had done.

Of all the Councillors involved,
he was the one who stood head and shoulders above the rest,
although his influence at Caradon was minimal
( as he was a county councillor, not district ),
and he had no idea how to deal with bureaucratic chicanery.

Both Screech and Gist said "Yes!", but when I went back to Knott, his fears had overwhelmed him ( after all, he was fully aware of what Hartridge had done to me ), and he said he would not sign. To their everlasting credit both Screech and Gist signed nonetheless.

Bear in mind the stranglehold planners have over life in the area they control, and the fact that in a fear-based society such as ours, it is SO easy for revenge - as Knott found out. "He who hesitates is lost!" is a very true statement, and when men like Hartridge have their own councillors shit-scared of them, there is something very badly wrong.

It takes courage and integrity to stand up against abuse of power, and the simple fact is that the people of SE Cornwall were in my experience almost totally incapable of standing up and being counted.

"Evil thrives when good men turn their faces to the wall!"

By this time I was regularly going to the University of Plymouth Law Library, and doing research.

I fought my first Crown Court trial aged 20 when a constable, who was keen to become a detective, thought it would be a good idea to frame me. First he tried to blackmail me into giving a statement that he could use to nail someone else, and when he said "If you do not give me the statement, I will do you!", I said "Bugger off!" ( an expression my father taught me ).

Over two days I cross-examined all of the witnesses, and made a three-quarters of an hour winding up speech which had the jury practically applauding, and out of five charges, the most serious one and two others I won, though I have no doubt that the Judge, Sir Norman Skelhorn, summed up in a way that was very favourable to me.

Just to show that I honour a policeman when honour is due,
the detective constable who had the constable under his wing -
but NOT present when blackmail was applied -
came up to me afterwards and said "Well done!"

I have never forgotten that,
and the police should be much more aware of both the harm they can cause so easily,
and the healing that an honest and decent statement made on impulse like that gives -
but sadly such simple human contact is dying in the face of the March of the Bureaucrats.

I have a natural talent for defending myself,
and I believe I have the capacity to recognise when someone is acting from goodwill,
as well as malice.

The problem with the system is,
its so far up its own backside,
all it can see is its own waste products,
and it has totally forgotten what an honest and decent statement is.

In May 1991 there was to be a District Council election,
and the Callington Councillor Gerald Pengelly was standing again,
so I typed out a detailed list of reasons as to why he should not be re-elected,
and to make the libel stronger,
I copyrighted it,
and sold each copy at 5p,
knowing that I could shred him myself in court,
and perfectly willing to go to court.

I also made up a large sheet of chipboard with detachable letters as a sign
that made it clear what I thought of Pengelly.

On the day before the election
I went to the square in Callington,
displayed the sign, and sold copies of my document.

Caradon District Council had a Judge out of bed very early next morning
seeking an Injunction under the Representation of the People Act
saying that
I was "making false statement about the character and integrity
of an election candidate", Gerald Pengelly."

The simple truth is that Caradon knew perfectly well
that my allegations about Pengelly were totally true,
and it is a serious criminal offence to seek an injunction you know to be unjustifiable.

Caradon's solicitor Tolley arrived in the square on Polling Day
where I was standing with my sign,
and I clearly recall how confidently happy he looked as he handed me the injunction.

Now the average englishman shits a brick when handed court documents
because we have a long and honourable tradition of being screwed by courts,
but for some reason I was inspired
to calmly read through the injunction in full twice
( thats the key - breathe deep, read slowly, and be inspired ).

I then looked Tolley right in the eyes,
turned round to the sign,
removed the vowel letters from "Gerald Pengelly",
turned back to Tolley,
and said "I have just complied with your injunction! Goodbye!"

I wish someone had had a camera
because Tolley's face was a picture of shock and amazement,
and he behaved like a headless chicken for a few moments
before the lying solicitor left.

Caradon were stupid
because they had given me a free route into court,
as I soon realised that I could counterclaim -
which gave them and the police ample opportunity to display extraordinary abuses of power.

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