FEBRUARY NEWS!!
The good the bad and the ridiculous
Sa – wat – dii readers!!
Let’s start with the Thai greeting for “hello”
Probably more easily pronounced in my phonetics:- “Sah – what – dee” – “Hello”
A different start!, and now you all know how to say hello in
Gooood News first!!
Remember January’s news letter where I told you of my Barrister’s advice of pursuing an application to the High Court for a Judicial review on the enforcement of my sentence.
The High Court had to consider to grant us leave for a hearing. Well!! Crack open that bottle of whatever you have at hand readers and pour yourselves a large one.
Yes!! We did it, the court have looked at our application and have, on the face of it, deemed it to be one which has some merit and needs to go before the Queens Bench Division of the High Court ruling.
Take it easy on that bottle readers!!
Sure it’s cause for Celebration!!
So what the hell!!, go on, by all means finish the bottle cheers!! You still standing?
The glimmer of light gets a little bit brighter and this is a major step in the right direction.
But let’s not get carried away, we still have a long way to go yet.
Even though the High Court has now accepted our case, it does not mean that it will go to a full hearing and the ruling will not automatically go our way.
The Ministry of Justice now has until the end of this month to serve their defence, (our case has already been served on them).
Let me explain what exactly a Judicial Review is:
Judicial Review is a form of court proceeding in which a Judge reviews the lawfulness of a decision or action made by a public body.
It is a challenge to the way in which a decision of that process and whether those were “Right”, as long as the Law has been correctly applied and the right procedures have been followed. The Court will not substitute what it thinks is the “Correct” decision.
This may mean that the public body will be able to make the same decision again, so long as it does so in a lawful way.
Judicial review looks at the lawfulness of actions and decisions. These can be challenged on a number of grounds, which are usually described as follows:
Illegality
Irrationality and
Unfairness
So what can the Court do?
If an application for Judicial review is successful, the court has available to it six possible remedies:
Quashing Orders - The original decision is struck down and the public body has to take the decision again (Lawfully, this time)
Prohibiting Orders – The public body is forbidden from doing something unlawful in the future.
Mandatory Orders – The public body is ordered to do something specific which it has a duty to do.
A Declaration – For example, on the way to interpret the Law in future, or a declaration that a legislative provision is incompatible with the Human Rights Act.
An Injunction – This is usually a temporary remedy until the full application for judicial review is heard.
Damages – This is rare, but may be available in some cases, particularly where there has been a breach of an individual’s right under the Human Rights Act.
All of these remedies are discretionary - the Judge does not have to order any remedy at all, or more than one can be applied for in any particular case.
So what’s my next step?
I am still in the permission stage. This allows the court to filter cases by deciding which should be allowed to go to a full hearing.
Our next step in the court, is one Judge will now decide whether my case (Steve Willcox v Ministry of Justice) will go to a full hearing or not.
Confused readers? Yeh!! You and me both!!
We are in the High Court, but this next decision, well everything rides on it going to a full hearing or not.
Two people all too often not given by far enough “Thanks and Appreciation”, is my special friends “Paul” husband of “Ulla” the incredible lady, who devotes so much of her life and time to this Web site.
Without Ulla none of this would be possible. Paul and Ulla!!, I and my family and all British Citizens still imprisoned in
“From the bottom of our hearts we Thank You”
You’ve both made a massive difference to so many of us. All credit to Ulla who started this Web site from scratch with no experience in this field at all.
An excellent Job you’ve done Ulla.
Visits this Month!!
Mum and dad, I so enjoy your weekly visits more than anything. I don’t think there’s two people on this planet I respect more than you two, second to none the pair of you.
Mick and Brenda, great to see you both, shit! Mick! She still goes on a bit don’t she? Only joking Brenda! Lovely to see you both and well pleased you took the time to visit me, cheers!!
The Amnesty mentioned in December’s and January’s news letter:-
Still no confirmation from the Home Office London.
December 5th 2007 the amnesty was announced in
You would be pretty pissed if this amnesty sets you free and you have to wait over 3 months extra in prison for paperwork to set you free. Thai prisoners are set free immediately!
Not to worry I have time!!
Okay readers! Whatever you have at hand to throw against the wall and smash, get it ready!!
February 18th, (morning telephone call to my mother)
My poor mum had to relay the message to me that “Lek” (my wife) appeal for a settlement visa was refused. I couldn’t believe what I was hearing, I am not one for getting my hopes up, (quite the opposite), pessimistic shit yes! Who wouldn’t be after what I’ve been through?
Saying that though, this time I was so so confident “Lek’s” appeal would be successful.
So much for the best start to the New Year I spoke of in January’s news letter and that faint glimmer of light at the end of that tunnel, just went out, and the tunnel got longer.
We are all devastated and sad beyond belief, I don’t really want to dwell on how we all feel readers, what good does it do anyway?
But!! Let me say this: I am seriously beginning to wonder what has happened to
What I am seeing and experiencing now, is not the
You are all too well aware of the immigration problems
Many of
It was another 6 days later from getting this news, before I could make the call to Lek.
6 days and nights I rehearsed how I could make light of this devastating news.
Lek BLESS HER!! Took it all in her stride, as I told her not to worry, we will appeal again, I told her.
I am limited to one or two calls a month to Lek, so each time I do my five minute call, I hear the excited and the expectant voice of Lek, she can barely contain her anticipation:
“When I come
“I have visa now?” (she asks every time!!)
It destroys me every time, having to make excuses to Lek, making light of the terrible situation that’s eating me up. Very often time’s too short to speak to our son “Oak” and I only hear his voice in the background.
Not too worry readers!! We fight on with another appeal for Lek.
March 17th is our next deadline to appeal by.
I don’t want to give anything away in the details of the refusal grounds and our new grounds and arguments here on the site. I know for a fact, various UK Government departments regular read my news letters.
This now certainly feels like a conspiracy against me and my family and if our next appeal for “Lek’s” settlement visa is not successful.
Well maybe I will cooperate with various Journalist’s who’ve already asked for a story. This aint a threat, I am just tired of it all, and what options do I have left?
I’ve kept records of all correspondence with the British Embassy Bangkok, the Foreign Commonwealth Office London. Going public with many breaches in protocol shall we say! This might persuade someone in authority with a conscience to do the right thing here.
This will be our 3rd appeal after our original application was refused. 3rd time lucky?
February 22nd 2008, the BBC news announced an all time record high in the prison population in
Last month (January news letter) I mentioned the cost to you the Tax payer, of keeping I and other
For the UK Government to insist we UK citizens convicted in Thailand for ridiculous lengthy sentences, serve out our full Thai prison terms here in England prisons, for crimes that if committed here wouldn’t warrant a fraction of those prison terms handed out by the Thai courts.
“Its”,”Its” An outrageous cost to you the Tax payer”.
Surely it breaches our Human Rights to be imprisoned for ridiculous lengths of time, as I’ve said before, my crime if committed here in England would warrant a prison sentence of about 1 (one year).
You would think the UK Government with cost and overcrowding as it is in prison now, would start to re-consider upholding these lengthy terms of imprisonment handed out by
This is JUST AN OUTRAGEOUS WASTE OF MONEY to say nothing of the WASTE OF LIFE.
Not a good month readers!
Shit!! I came crashing down after last month’s hopeful outlook. Don’t worry readers; I’ve been knocked down so many times now, I am used to it, I always bounce back up again, admittedly it was a struggle to get up this time.
We will get Lek and Oak here, you see we do!
See you all next month
Love and best wishes
Steve Willcox
bravenet.com