Free David Ferguson

Help to right a grave miscarriage of justice....

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Blog entry 28th April 2019

Since my last blog little has changed in regards of my appeal. My CCRC application is almost ready for submission.

Right now, the timing of the submission is crucial. Another miscarriage of justice case, caused by Kent Police and CPS, is due to be heard in the appeal court soon. Amongst legal circles it is strongly expected to be successful. If it is, it will be a game changer in wrongful convictions where the prosecuting police force and CPS have withheld evidence at trial that would have benefitted the defendants case. It is therefore essential that I wait for the outcome of that appeal case before submitting my own.

I have just submitted civil claim appears against the Ministry of Justice and HMP Wakefield for negligence in facilitating my distance learning studies. In 2011 I won a high court ruling against the MOJ and HMP Wakefield for obstructing my distant learning studies. Despite this HMP Wakefield have continued to disengage with and obstruct my attempts to expand my qualification portfolio. This has left me no choice other than to seek the maximum possible damages against the MOJ and HMP Wakefield.

Now I fully expect some newspaper hack to read this and run an inflammatory story in a newspaper about yet another prisoner being able to claim damages whilst in prison, convicted of a horrific crime. In going for the cheap, easy story they will miss the real story, as they always do. Namely that for a claim such as my own to occur the MOJ and prison concerned has broken the law or has been criminally negligent. As claims such as these occur against the MOJ and prison service again and again it is evidence that these two civil service departments are not ony endemically negligent in a frighteningly broad aspect of issues, they don't learn from rulings already upheld against them by the courts.

In addition to this, prisoners' civil claims and judicial reviews against the MOJ and prison service are unquestionable evidence of the failures and ineffective nature of the Prison and Probation Ombudsman. Before a prisoner proceeds to court they will have been let down by the internal prisoners complaints system which includes the Prison and Probation Ombudsman. This is hardly surprising considering that Ombudsman investigations often take up to a year to complete and often are very biased towards the prison system. On the odd occasions when the Ombudsman does uphold a prisoners complaint the MOJ and prison service have no duty or requirement to implement the Ombudsman findings. These avoidable failures are why so many prisoners, myself included, have to resort to judicial reviews and civil claims against the prison system and MOJ.

It is important that the MOJ and prison system are held accountable for their widespread failings. It is these failings that lead to the increase in violence in British prisons and the inexcusably high re-offending rates upon release. Don't judge the prisoner for bringing a claim against a prison system that has failed to do that with which it has been entrusted. Ask questions of why the MOJ and prison system have failed to do that duty entrusted to it by the government and public.

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