Open Justice Campaign

Extracts from Dr P's speech 

“I do not exaggerate. My battle in England is against unjust laws and rotten judicial discretion which in Family law is destroying marriages, destroying fatherhood, and harming children. This all takes place in secret courts from which the Press and Public are excluded. Victims are forbidden from publicising the injustice suffered on pain of up to 2 years imprisonment for contempt of court. The English Judiciary and State authorities are obsessed with anonymity and secrecy in court cases involving children, because they do not want their bad laws and morally bankrupt decisions exposed to scrutiny, debate, and criticism by the Public and Press.

 

“The United Kingdom Government pretends it wants to protect children and the privacy of the parties by assuring them of confidentiality in the cases. The real attitude of the Government is illustrated by the way it obtained my Children Act Judgment to use in these proceedings. Despite all their elaborate submissions to this Court about confidentiality they illegally obtained my Judgment without Leave of the domestic Court and without even notifying the parties, let alone asking their consent. Later, when their Counsel Mr Moylan advised that this could be embarrassing in Strasbourg, they decided to obtain Leave. If the Government had not been so stupid as to leave Fax legends on the Judgment then the Mother and myself would never have known the full truth. In the darkness of secrecy that is how States and Governments behave.

 

“I accuse the United Kingdom Government of hypocrisy and of presenting a false case to this Court about its real motives in wanting to suppress publicity about child cases.

 

“Whether you agree with my Cause or not, in a democratic society I should be free to fight for it under my own name and from my own experience. If the Court upholds anonymity in this Case, it is violating the very right to freedom of expression which it is mandated to uphold under Article 10. This Court of Human Rights, of all Courts, has no reason to copy the oppressive practices of the English Court of Appeal and inferior English courts.

 

“The Court knows that I am fond of quotations. In my First Observations I quoted the English Philosopher BENTHAM against the English courts but what he said applies to all courts of law without exception. BENTHAM said:-

‘In the darkness of secrecy sinister interest, and evil in every shape, have full swing. Only in proportion as publicity has place can any of the checks applicable to judicial injustice operate. Where there is no publicity there is no justice, Publicity is the very soul of justice’.

 The Court may also care to reflect on this Injunction from the Bible, that:

 

‘Thou shalt not follow a multitude to do evil’.

 

This concludes my address to the Court.”