Fri
7 Nov 1:28pm (UK)
Fathers 4 Justice Teacher Denied Jury Trial
By Mike Taylor, PA News
An angry father who accuses a “biased and unfair” family
law system of denying him access to his two children failed today
in a plea for the right to have his day in court before a jury.
Secondary school teacher Shaun O’Connell claimed in the High
Court he was entitled to be tried by jury on a charge of causing
criminal damage during a protest by members of the pressure group
Fathers 4 Justice.
But two judges in London told him the courts had no power to order
a jury trial when the cost of the damage was less than £5,000.
In Mr O’Connell’s case, the cost of repainting the front
door of the Children and Family Court Advisory and Support Service
at Ipswich, which had been painted purple in the protest, was put
at £190.
O’Connell, 40, who now lives at Forton Road, Gosport, Hants,
was convicted at Ipswich Magistrates’ Court earlier this year.
He was granted a conditional discharge and ordered to pay £63
compensation and £256 costs.
He was convicted in his absence after walking out of court, saying
he refused to take part in an unfair hearing which should have been
before a jury.
Today he told Lord Justice Kennedy and Mr Justice Royce that the
State was guilty of “institutionalised destruction of families” because
of the unfair treatment meted out by family courts to separated fathers,
children and grandparents.
He said he was not a violent man – as a teacher, he was trained
in science, special needs and anger management – but he had
suffered years of emotional stress since being separated from his
son and daughter.
He claimed the magistrates’ court was not a fair and independent
tribunal as required under human rights laws.
Refusing Mr O’Connell permission to seek a judicial review,
Lord Justice Kennedy said his legal arguments were wrong and his
complaints about family matters were irrelevant to the issue of the
right to jury trial.
Mr O’Connell’s next move is to appeal to Bury St Edmunds
Crown Court against his conviction.
source: http://www.news.scotsman.com/latest.cfm?id=2149538
After the Court of Appeal hearing, Mr O'Connell
said:
"Eight
days after the door was repainted, the Government ordered a
select
committee
enquiry
into
CAFCASS.
Just
recently
the Chairman
Anthony
Hewson was forced to resign. The enquiry refused to take oral
evidence from any user group and refused to investigate individual
cases
which are well-evidenced. The Court hearing was a sham. No
case law, statute law or human rights law was addressed. No
question was asked of the applicant.
"The
justices stated they had the
skeleton argument, but it HAD NEVER BEEN SERVED
on the COURT!
"The
application
was dismissed without being fair, impartial or legally
correct.
"The
posture of the justices was that for a fair hearing only
your
attendance in Court is needed".
CAFCASS
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