ACCOUNT BY DAVID WHYTE: SHOWING THE JUDICIARY’S
INDIFFERENCE REGARDING THE NUCLEAR VETERANS CASE.
21 October 2019
Although my enquiries started around the year 2001 (This was my retirement, and no longer subjected to the Official Secrets Act,) My case regarding the ailments caused by the Nuclear Experiments started in 2011 when I complained of several ailments which I considered were due to the radiation levels received at Christmas Island in 1958.
The powers that be stated, some of the ailments were attributed to the nuclear tests but, the remainder were not. I was awarded a 0% pension for the attributable cases, the remainder were denied. I considered this to be a rather perfidious award for years of loyal service to my country. Indeed, this meant two separate cases would have to be heard. The first case dealing with those ailments which had been agreed, were caused by radiation. The second case, covered the other ailments.
When Judge Stubbs explained my case was taking a long time as there were two cases to be heard I suggested sending one of them to Edinburgh while he retained the other.
It was agreed that the ailments that had been agreed, should be heard in Edinburgh, the others in London. I have attended FIVE First Tier Tribunals, four of which I refer to as ‘KANGAROO COURTS’.
The first, First tier Tribunal which I attended was a Freedom of Information tribunal. This was a properly run case, in a Courtroom, with an excellent Judge who was totally unbiased.
The next three Tribunals were held in Edinburgh and my introduction to ‘KANGAROO COURTS’ began. These cases were held in a large office, closed to the public.
After the hearing of the first tier tribunal I appealed the decision (Held at George Square, Edinburgh) on the grounds that a forged ‘Release Medical Certificate’ was used in their evidence. This appeal was accepted, and a fresh Tribunal was arranged with the ‘Direction’ that the Forged Release Medical Certificate’ must be discussed.
The second Tribunal was again held in a large room at George Square in Edinburgh. At the hearing, I mentioned the Judges ‘Directions’ that the Forged document was to be discussed, but the legal team avoided any discussion on this topic. Again I had my appeal thrown out. I appealed again, and was successful. During this hearing two Journalists arrived, unannounced, having read an excellent article by Michael Alexander in the Courier Newspaper regarding my appeal. This appeared to unsettle the courtroom Staff, they took the two Journalists away for interrogation. The Journalists were permitted to return to the hearing. After the hearing they interviewed me, and took photographs. Nothing was ever printed. I feel sure, their Head Office was approached by the courtroom staff in order to prevent publication of the article.
The third Tribunal was the ultimate ‘Kangaroo Court’ it was held in some back street works lecture hall. There was only a Judge, A panel Member and Myself in attendance. The Ministry of Defence decided they were not going to send any person to defend them. I still lost the case!
After this hearing, I decided it was pointless to expect justice at Edinburgh and opted to wait until the hearing in London could be heard, in the hope that a truly Unbiased and Honest court would be convened.
This Tribunal was held on the 5 June 2018 at an Office, at Fox Court. Once again, the Forged Release Medical Certificate’ was presented as their main evidence and a further ‘Kangaroo Court’ was held. I had asked a fellow Nuclear Veteran, Dennis Hayden, to join me at the hearing and this appeared to upset the Judge.
The hearing was conducted by Mr Lederman and he rejected my case without hearing any of my evidence or producing any of the documents ‘Directed’ previously. I then appealed to ‘Set Aside’ this decision, this was rejected by the Upper Tier Tribunal, as was my appeal to the Royal Courts of Justice, and also the Supreme Court. No one appeared to be interested in ‘True and Honest Justice’.
If you wish to read the story regarding this affair look at the previous blog posts entitled ‘Still Engaging a not so Invisible Enemy’ If you have any problems obtaining this information, send me an e-mail at dave.whyte@blueyonder.co.uk and I will send a copy.
When I initially appealed to the Upper Tribunal they commented, ‘They could not interfere with the findings of the lower tribunal’. What is the point of having an Upper Tribunal if they are unable to correct the failings of the First Tier?
Due to their belligerent attitude, this has resulted in my writing three letters: One to the Prime Minister explaining my case:
At present, I am waiting for a reply. (A few years ago, I wrote three separate letters to Gordon Brown, when he was the Prime Minister; He never had the decency to reply.)
The second letter was sent to Mr Geoffrey Cox, the Attorney General, he is responsible for the Courts. I had seen Mr Cox being rather loquacious on television whilst expressing His views, on British Justice. I sent my letter to enlighten him, regarding the reality of the situation!
I am also waiting for his reply!
My third letter was sent to the Upper Tribunal Appeals Chamber (attachment ‘C’) expressing my disgust at having to return to them for an appeal.
As yet, I have received NO reply.
It must be noted that there is no response from the Authorities regarding this affair. One has to wonder if this Cowardice is due to the fact that they have no evidence to substantiate their arguments. I have provided proof; Documents have been Forged, Altered or Hidden, in order to deny the Nuclear Veterans access to true Justice. Judges ‘DIRECTIONS’ are not obeyed.
I have never had one of the Ministry of Defence Expert Witnesses at my hearings. The injustices, that Service personnel have to endure is criminal. The Ministry of Defence have been getting privileged treatment whilst Service Personnel are treated as Third Class Citizens!
This must stop, and True Justice must be introduced for all Service Personnel.
Criminals and Illegal Immigrants are given legal aid in order to defend themselves, yet, Nuclear Veterans are denied. It appears the Ministry of Defence have more regard for these individuals, rather than Loyal Service Personnel, it is no surprise to hear that recruitment figures have dropped!
THIS IS NOT TRUE BRITISH JUSTICE.
David Whyte
Operations Grapple ‘Y’ & ‘Z’
Christmas Island 1958