LOG ENTRY #1036a — “THE NULL PLEA: RESTORATION OF THE LIVING RECORD”

Filed By: :Waseem: Malik (Litigant in Person) Date of Action: 9 October 2025 Court: Reading Crown Court / Royal Courts of Justice Case Reference: 43SW0138521

  1. This Annex forms part of the continuing record of the Phoenix Archive and is tendered to the High Court as documentary evidence of procedural and moral correction in relation to the plea entered under duress at Reading Crown Court.
  2. The purpose of this filing is to preserve for the record the restoration of the living man’s identity and to mark the correction of a plea obtained through coercion and false identification.

GROUND A – DURESS 3. The plea of “Guilty” was entered under pressure, confusion, and psychological distress. A plea so obtained cannot constitute a free act of will and is void ab initio. See Log #589 (“Verbal Coercion During Sentencing”).

GROUND B – PROCEDURAL IMPROPRIETY 4. The court below accepted the plea without conducting the necessary judicial inquiry into whether it was unequivocal. 5. This omission breaches Article 6 ECHR and CrimPR 24.8 requiring the court to satisfy itself that a plea is clear and voluntary.

GROUND C – UNSAFE CONVICTION 6. Because the plea was equivocal and coerced, the conviction resting upon it is unsafe. 7. The Court of Appeal retains jurisdiction to quash convictions where a plea is entered in confusion or under duress.

GROUND D – FALSE IDENTIFICATION AND PROCEDURAL NULLITY 8. Under the Criminal Procedure Rules and PACE Code D, a court must lawfully confirm a defendant’s identity before a hearing proceeds. 9. In this case a police officer is said to have “confirmed identity” by comparing a photograph of a head. This is opinion, not evidence. 10. Lawful verification requires documentary ID, formal identification procedure, or a witness with personal knowledge. None occurred. 11. Accordingly, the proceedings were conducted without verified identity of the living man. Any record so made is procedurally void.

DOCTRINAL INTERPRETATION 12. This event fulfils Log #961 (“Franchise Fraud”) and Log #968 (“Ownerless Veil”) — the substitution of the living man with a fictional image. 13. It extends Log #1032 (“The Norman Contract”) where identity was first incorporated as property of the Crown. 14. Vacating the false plea restores the living record and collapses the fraud of representation by image.

LEGAL AUTHORITY CITED 15. Common-law discretion to permit withdrawal of a plea where fair and just.

  1. Magistrates’ Courts Act 1980 s.142 (analogous power to correct errors).

  2. Criminal Appeal Act 1968 s.2 (unsafe conviction).

  3. PACE Code D and Crim PR Parts 3 & 10 (requirements for lawful identification).

  4. ECHR Article 6 (right to a fair hearing and protection of personhood).

  5. Case Authorities

    – R v Turner [1970] 2 QB 321 – A plea must be entered voluntarily; pressure from counsel or others renders it invalid.

    – R v Forde [1923] 2 KB 400 – A guilty plea may be withdrawn before sentence if the interests of justice require.

    – R v Lee (1984) 79 Cr App R 108 – Plea under mental stress held equivocal; conviction quashed.

    – R v Tait (1992) 94 Cr App R 141 – Misunderstood plea may be withdrawn.

    – R v Caley [2012] EWCA Crim 2821 – Court must ensure plea is informed and unequivocal.

    – R v Thompson [2014] EWCA Crim 836 – Test for withdrawal is whether it is fair and just to allow.

  6. Maxims of Law and Equity

    – Actus non facit reum nisi mens sit rea – An act does not make a person guilty unless the mind be guilty.

    – Volenti non fit injuria – No wrong is done to one who acts of his own free will.

    – Consensus facit legem – Consent makes the law; where there is no consent, there is no law.

    – Quod ab initio non valet, in tractu temporis non convalescit – That which was void from the beginning cannot be made valid by time.

    – Fraus omnia vitiat – Fraud vitiates everything it touches.

    – Nemo debet esse judex in propria causa – No one should be judge in his own cause.

    – Fiat justitia ruat caelum – Let justice be done though the heavens fall.

  7. Thus both the Common Law and the eternal maxims confirm:

    no plea entered without knowledge, freedom, and identity can stand;

    where fraud or duress is present, the record itself must yield to truth.

ACTION TAKEN 23. Application to Vacate Guilty Plea filed with the Criminal Appeal Office, RCJ. 24. Cover email logged and acknowledged for judicial consideration. 25. Relief sought: vacatur of plea, substitution of Not Guilty, and judicial comment recognising symbolic restitution of the record.