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• Dartford County Court, Family

Fri 23/09/2022 15:13

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Supplementary to Item 3, Form FL403.                                                                                                                         Page 3 0f 3

DA21F00152
 

In Item 3, I have expressed what I believe to be my basic legal reasons to have all three orders set aside. Due to limited space on the form, please find below, my own more personal summary and also, my most humble suggestion.

Please note that although I feel the orders made were incorrect, and resulted in undue prejudice against me, I do not hold any of the judges involved personally accountable.  

A genuine lack of court time to deal with the matters thoroughly and fairly, combined with Mr X's reckless, inconsistent and time-consuming nonsense has resulted in those three orders being issued incorrectly. 

 

 

Are these the actions of a genuine applicant?

JUNE 2021
Mr X applied for this NMO despite there being no contact whatsoever between the parties for over 12 months.

That's actually by the by as I (foolishly) accepted the order rather than be harassed even more so by Mr X, by fighting it at that time. However I am pointing it out here, as it was clearly the first instance of unusual behavior by a 'genuine' applicant who needs protection - I never harassed Mr X anyhow and he could never prove otherwise, but to apply for a NMO when there has been zero contact from either side in over 12 months?

DECEMBER 2021

(I have a civil case ongoing against Mr X) 

Mr X claimed on a High Court statement that I had breached the NMO and I was being investigated by police for that breach. None of this was true.

If he felt that I had breached the order at that time, why then did he not apply to this court to have the NMO extended way back in Dec 2021?

MARCH 2022

Due to his afore mentioned attempted dishonest and malicious use of the existence of the NMO, I applied to have the NMO set aside. It was at this point, that he decided to make a counter application to this court. A counter application he then agreed to 'retract' in return for me retracting my own application to set aside.

Why would you bargain with an 'aggressor' when you have genuine 'concerns for your safety and well-being'? If Mr X felt continually threatened by me, then surely he would have continued with his counter application in March 2022, regardless of me dropping my application or not?

I, the real victim in all of this, refused to bargain with the real villain. He however, agreed to retract, believing that I would do the same - I would not, and did not retract. Unlike his own churned up lies, my application had substance, honesty, and was made for a completely genuine and legitimate reason (despite it failing, due to it being a consent order).

JUNE 2022
Leaving it as late as he possibly could (as close to the NMO end date of 22.6.22) Mr X applied again to have the order extended and varied. He left it as late as possible to submit his statement minus evidence, and also changed his statement two days prior to the hearing date to cause further confusion (which indeed it did).
As pointed out by DJ Omoregie at that hearing - what could possibly have changed in those two days between submitting his statements? The answer is nothing. Mr X bombards and confuses police, CPS and courts so much, that they eventually 'bend' to be rid of him.
The 'alleged breaches' had occurred in Feb and March 2022, so why a last minute statement in June 2022, and then even more last minute statement change, when you are deeply concerned for your safety and want to ensure a fair, effective and prompt hearing?

The answer is that, Mr X knows that if his incessant ramblings are ever actually 'heard' then they will fail completely as they are unsubstantiated and can not be evidenced.

At the June hearing, DJ Omoregie had admonished Mr X for not supplying the evidence that he stated that he had available, reminding him that courts rely on evidence. In particular, DJ Omoregie referred to the email that Mr X claimed I had sent him in March 2022, stating that I would cause him significant harm.

Lets think about this - you are a victim who has a NMO to protect you, you have an email from your attacker, this email will prove you need further protection, would you supply that email? Of course you would.
Mr X did not supply the email to the June hearing. What did he then do at the July hearing?

JULY 2022 

Mr X supplied 178 pages or so of 'evidence' that the all important damning 'threatening' email got 'lost' amongst, thus causing the rash and hurried decision made by DJ Lan, to extend the NMO for 6 months without any findings of fact!

You have to hand it to Mr X - he certainly knows how to 'work' the system.
 

I don't understand why the latest hearing was set for 26.10.22 anyhow - the next available court date, a whole two months following the initial 28 day period? However if the courts are so busy, then I have to accept that, even though the court's prejudice has put me in this awful position, a position that I do not deserve.

And then to learn that Mr X has managed to have that hearing vacated is absolutely shocking. 

I am finding it extremely difficult to cope with all of this now. My close friends and family are extremely concerned for my mental health. Mr X is still managing to affect my life negatively with his deluded and dangerous obsession. 

The court needs to STOP and look at this from a completely different perspective.

 

I AM THE VICTIM.

 

Mr X needs protection from me apparently - why is he avoiding supplying his clear evidence to support his need for protection from this 'evil violent gangster'? Surely his safety and well being is far more important than any trips that he has booked, or other excuses he may have used for not attending the next hearing?

 

Obviously I am applying to have all three of the mentioned orders set aside, therefore there should be no hearing whatsoever, as the NMO that has not been shown to have been breached, actually became defunct on 23.6.22. I made the wrong choice by accepting the order, but I should have been able to walk away from that innocent mistake by now.

From my understanding, the two most recent court hearings established these facts:

1. There is no reason to vary the order, both District Judges made that clear.

2. The 'Portugal incident' was not a breach of the order, all including Mr X himself, agreed on that.

3.. The only possible evidence that Mr X has of 'further molestation' is the email I 'sent to him' in March 2022, threating to cause him harm. 
4. All other 'evidence' Mr X submitted and discussed was irrelevant as post June 2021, but can also be easily challenged by me.

May I most humbly make a suggestion:
 

A 30 minute telephone/video hearing as soon as possible. This to accommodate Mr X's busy lifestyle.

The March 2022 email in question to be submitted and discussed.
No other evidence or statements from either party to be submitted or discussed.
The presiding Judge then decides to extend or set aside the order.
Failure by either party to comply with the hearing instructions (by submitting irrelevant, time wasting material) dealt with appropriately and severely.
Simple.

 

Far too much court time has been wasted on Mr X's relentless, unsubstantiated, nonsense. This will continue unless Mr X  is 'tamed' a little by the court.

 

Please note - As I stated in my application to have the original order set aside, I am more than happy to make a legal 'undertaking' not to contact Mr X. If this approach had been taken at the beginning of all of this, then the past three hearings (March, June, July) and the next hearing, would never have taken place. 

Since 5th May 2020, when I sent Mr X an astoundingly clear email telling him not to contact me whatsoever by any means whatsoever, I have made no contact with, nor have any wish to contact, this disgraceful man. None WHATSOEVER.

NB. The 5th May email formed the starting point of the 2020 police case of harassment against him.