Posts Tagged ‘High Court’
Home Office Denies FOI Request In Cover-Up Of All Information On Cannabis Production Licences
On 6th March 2018 CLEAR submitted a Freedom of Information Request to the Home Office asking for full details of the licences accounting for the legal production of cannabis in the UK. This arose from the story which we broke on 4th March revealing that the UK is the world’s largest producer and exporter of legal cannabis, this according to data provided to the International Narcotics Control Board (INCB) by the government.
The Home Office has refused the request. Its grounds for refusal are that disclosure “would, or would be likely to, prejudice the commercial interests of any person or would be likely to prejudice the prevention or detection of crime“.
Presumably this means that the commercial interest of GW Pharmaceuticals and whoever else has been granted such licences would be prejudiced and that they would risk robbery or other crime at their places of business.
We consider this to be false and without any merit whatsoever. How would it prejudice anyone’s commercial interest? We would not expect any detail that goes behind the licence holder’s normal commercial confidence and it must be right that the identity of those companies or individuals licenced to produce cannabis should be on the public record together with outline information about the terms of the licence – what is it for, for what period, in what quantities. Furthermore, with the security precautions required for such a licence, any attempt at crime would be foolhardy and utterly stupid. It would be much easier either to import or produce your own cannabis. The sort of criminal enterprise that would be required to raid, for instance, one of GW’s grows would be on a grand scale, incredibly risky and with sentences probably higher than for production of cannabis.
Clearly, disclosure of the information around these licences could, in any case, be limited to redact any specific information which should be kept confidential
It’s quite clear that this refusal is simply an excuse, probably to cover-up not only the extent of the licences but also the basis on which they have been issued.
Of course, the Home Office has pre-empted the next step in a FOI request and states that “the public interest falls in favour” of not providing this information. We consider this to be nonsense. It is clear that the public interest (not just the interest of the public) is very much that the issue of such licences should be a matter of public record. It is outrageous that this information is being kept secret.
The answer to the second part of our FOI Request provides further insight into how little trust can be placed in the Home Office and demonstrates that its answers are dishonest. In answer to a written question in Parliament on 1st March 2018, Home Office minster Nick Hurd MP said “No licences for pharmaceutical companies to grow and process medicinal cannabis for exportation to other countries have been issued.” However the INCB report, which information can only have come from the Home Office, shows that in 2015/16 the UK exported 2.1 tons of medical cannabis. We asked for an explanation of how Mr Hurd’s answer is consistent with the facts reported.
The Home Office’s answer is that “these figures could include any plant material exported for pharmaceutical purposes or pharmaceutical products containing cannabinoids that are manufactured in the UK and exported, such as Sativex.” and that it takes ‘medicinal cannabis’ to mean “substances produced to be consumed, be that smoked or ingested in any way.”
It is clear therefore that the Home Office has given two different answers to the same question and that the answer given to the INCB is correct whereas the answer given by Mr Hurd is without doubt intended to mislead Parliament. It also seeks falsely to create a distinction between Sativex and other forms of cannabis which is manifestly and beyond doubt another deception, based on information published by GW Pharmaceuticals which CLEAR revealed in 2016.
In summary therefore, the Home Office has refused to answer the FOI Request in relation to licensing on grounds which are entirely spurious and has demonstrated that it is actively engaged in deceiving both Parliament and the public on the export of medicinal cannabis from the UK.
Following the required procedure, we have now requested an internal review of the Home Office’s handling of the FOI Request. We argue that: “It goes directly to the question of the massive public demand for legal access to cannabis for medical use and the total denial of this by government. This policy is itself irrational and against the public interest and the refusal to disclose the information requested is a political cover-up.”
We anticipate this will be a whitewash and further attempt at a cover-up. Thereafter we have a right to complain to the Infomation Commissioner. At this stage we would also seek to mobilise support from MPs with an interest in this area. Ultimately, we may be able to apply to the High Court for judical review of the Home Office’s decision and we will consider mounting a crowdfunding campaign to enable this.
High Court Orders Injunction Against Greg ‘Cure Ukay’ De Hoedt.
There is little else that needs to be said about this. It is self-explanatory and is a total vindication of my action against De Hoedt to stop his lies and abuse.
I was forced to take legal action against four people with regard to the hate campaign that was launched against me back in 2012. I reached a settlement agreement with Alun Buffry. A consent order concluding my claim against Sarah McCulloch will be published shortly and De Hoedt is now restrained from repeating or causing to be repeated any of his lies on pain of going to jail.
The ringleader Chris Bovey is still to face justice. Whether I can succeed against his great wealth and army of solicitors and barristers remains to be seen but the issues are the same. Bovey is probably the most malevolent, dishonest manipulator I have met in my life and he is responsible for encouraging the other defendants into the conduct that led them to the High Court. He has a great deal to answer for both to those he has misled and to the massive damage he has caused to the cannabis campaign in the UK. I particularly regret the way he turned Greg De Hoedt against me. I counted Greg as a close friend and it causes me great heartache that I had to pursue him to this extent.
Bovey has had my claim against him struck out on procedural grounds. My appeal will probably be heard in the autumn. Given new case law that has arisen in the meantime I have good grounds for optimism. If I succeed and the substantive issues in my claim are heard then he will be looking at a damages award well into six figures. Bovey’s biggest problem is that if an award is made against him, he has the assets which the Court can seize.
High Court Reinstates Claim Against Sarah McCulloch.
Confirming my report of 11th April 2014, I today received the sealed Order from the High Court setting aside the judgment that Sarah McCulloch had obtained and reinstating the action.
I have made a generous and conciliatory offer to settle with Ms McCulloch and I am waiting her response.
Justice Prevails. De Hoedt And McCulloch Defeated In The High Court.
At 10.30am this morning there was a case management conference before Master Eastman concerning my claim against Greg De Hoedt. I was awarded judgement against him in February and the next stage is for a High Court Judge to assess the damages and costs he must pay me.
It is only now, after more than a year trying to avoid my claim, that De Hoedt has faced up to it and appointed solicitors. They represented him today. He was not present. His solicitors applied to have the judgement set aside. Master Eastman refused. They then applied for the proceedings to be stayed pending my appeal against the striking out of my claim against Chris Bovey. Again, Master Eastman refused. It is now up to me to propose the next steps and how exactly a Judge can assess the damages I am due.
At 11.00am there was a hearing before Master Eastman concerning my claim against Sarah McCulloch. She had obtained judgement against me by deception. She had made false statements to the Court and pursued an application without giving me notice, so I that had no idea that it was taking place. Today was my application to have her judgement set aside. I was successful and Master Eastman ordered that my claim should be reinstated.
Master Eastman also considered McCulloch’s claims that I was harassing her by writing to her about the case. She had made a further false statement to the Court that I had been given an ‘Harassment Warning’ by the police. In fact a police officer from Harlow in Essex had telephoned me a few months ago to say that McCulloch had made a complaint. We ended up laughing together at how ridiculous her allegation was when I was writing to her about a High Court case at the address she had filed with the Court.
I explained to Master Eastman that ever since I had discovered that McCulloch is diagnosed with two mental health conditions I had made generous offers to try and settle with her. He was gentle with her but very firm and told her however hard she found it, she had to communicate with me about the case.
Afterwards, McCulloch and I had a five minute discussion outside the Court and I made a further offer to settle. She explained that she had now edited one of her articles to remove the false allegation that I had lied about submitting a report to the Home Affairs Select Committee in 1983.
My offer to McCulloch is very generous, far more so than it would be were it not for her health problems. It was sad that as I walked away she shrieked “You’re a bigot!” Nevertheless, I remain hopeful that she will see sense and we can both put this unhappy episode behind us.
Sarah McCulloch To Face Perjury Hearing In High Court.
In October last year Sarah McCulloch submitted an application to the High Court seeking judgement against me on the grounds that I had “not acted on my claim”. This was untrue. Also, in a bizarre twist she revealed that she has twice reported me to the police for harassment for sending her correspondence about the case! These positions are clearly incompatible with each other. Dishonestly, she submitted her application and attended a hearing on 19th November 2014 without ever notifying me. She has now admitted this in writing saying that it was a “mistake”.
A hearing will take place on 11th April 2014 at which I will apply to set aside the judgement that she has obtained on the grounds that she did so through deception and dishonesty.
High Court Orders Judgement Against Greg ‘Cure Ukay’ De Hoedt.
The High Court has granted judgement in my favour in my Claim for defamation against Greg De Hoedt.
A hearing will take place on 11th April 2014 to determine the amount of damages and costs he must pay me. Supported by this judgement I will now apply for an injunction preventing him from any further defamation or harassment.