“Fraus et jus nunquam cohabitant” – Fraud and justice never dwell together.
“Ex turpi causa non oritur actio” – A cause of action cannot arise from a base cause.
🔍 Definition and Relevance
Abuse of process occurs when the powers of law enforcement or the judiciary are deliberately misused to achieve an improper purpose, to harass, intimidate, or suppress an individual, or to bypass legal safeguards. This claim strikes at the very foundation of lawful authority. Where law is weaponised as a tool of political or retaliatory coercion, it ceases to be law.
📌 Core Elements of the Abuse (as Applied to PC H. Lacey)
- Retaliatory Enforcement
- PC Lacey directed officers to conduct a late-night raid without legal warrant or exigency (Log #25).
- Evidence shows this was not based on lawful suspicion, but was driven by retaliatory motive tied to neighbour disputes (Logs #73, #268).
- This violates R v Horseferry Road Magistrates Court, ex parte Bennett [1994] 1 AC 42 – holding that abuse of executive power nullifies jurisdiction.
- Forgery of Judicial Instrument
- Log #293 confirms that a void or unsigned bail order was used to impose de facto restraint.
- Under R v Kensington Income Tax Commissioners ex parte Princess Edmond de Polignac [1917] 1 KB 486, an unsigned judicial act is no act at all.
- Suppression of Judicial Review
- Between Logs #371–#375, TVP and/or the court clerks misrepresented or concealed the judicial review claim (AC-2025-LON-001909), violating the right of access to the court (HRA 1998 Art 6).
- The concealment of filings and failure to acknowledge service constitutes a breach of R v Home Secretary, ex parte Leech [1994] QB 198.
- Denial of Medication and Extended Detention
- Detention described in Log #25 and supported by your affidavit caused prolonged harm and risk to life.
- This violates Article 3 ECHR, and fails the standard set in Pretty v UK [2002] ECHR 427 – protection from inhuman and degrading treatment.
📘 Legal and Constitutional Foundation
- Bill of Rights 1689 §10 – Prohibits “excessive bail” and “cruel punishments” without parliamentary authority.
- PACE 1984 – Sections 17, 22, and 24 violated.
- Criminal Justice and Courts Act 2015 s.26 – Exercise of powers for improper motive.
- Common Law of England – Forbids judicial or prosecutorial actions rooted in fraud, dishonour, or ulterior motives.
- Maxim: “He who comes to equity must come with clean hands.” – The state cannot invoke lawful authority it itself dishonoured.
📜 Remedy Demanded