I would like my legal paperwork back (approx 250 pages) from Governor Dickens forthwith. I will be sending a Pre-Action Protocol letter to the Treasury Solicitor on Monday.(I've since written that letter and sent it off, with a copy to Mr Dickens.) This application finally brought a response and I can do no better than copy it out in full - it is funnier than anything I could write.
Mr Wilkinson,
Thank you for your Form Comp 1. I am not aware of the Comp 1 and 1A which you claim have been ignored. However I am content to discuss these with you when we meet.
In terms of your paperwork (which is not subject to R39) I will return this to you ASAP (it has remained in my safe - not sent to Cleland House as I believe you have been led to believe). I will make arrangements to meet with you either today (2/10/09) or Tuesday 6th October 2009 where we will be able to discuss in full the concerns that you and I both have with regards to this issue.
Signed by Dickens, Head of Security.
Well, I can argue with everything he says, but little purpose would be served - I've said it all before.
The facts are simple and Rule 39 has nothing to do with it. A legal document is a legal document whether it has been sent by Rule 39 or any other rule. He can search them but cannot read them. He is forbidden to seize them. If I send anything out of the prison which is stopped by the censor for any reason then I am informed and the letter returned to me. The prison certainly cannot seize documents and have them in their possession for a month before they even admit to the seizure!
The bit I like best is the rubbish about sorting the matter out! Give the documents back! Problem solved! They will have to give them back sooner or later. I think what bothers them is the truth - they don't like it.
The whole thing puts me in mind of something Leo Tolstoy wrote:
I sit on a man's back, choking him and making him carry me, and yet assure myself and others that I am very sorry for him and wish to ease his lot by all possible means - except by getting off his back.
The Voice In The Wilderness
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