2006 - POLICE CIVIL COURT ORDER
Oct 2006: Misfeasance & disinformation was put out by police against Lidbury as a dissident equality campaigner. Contrary to popular belief since 'Coming Out' as a gay man in 1989 Lidbury has NOT been charged, NOT been prosecuted & has NOT been convicted of ANY criminal offence in a Court of Law.
Acting Chief Constable Nigel Arnold brought a civil action against Lidbury in Civil Court. This was a civil action by police, Lidbury had not committed any criminal offense. He was not charged, not prosecuted & not convicted of any criminal offense in this civil action contrary to the manor in which disinformation was spread by police & certain other persons amongst the LGBT population.
Lidbury was an adult Gay Equality & HIV/AIDS campaigner for many years, as well as him being a Child Sex Abuse survivor of multiple child rape carried out against him by a teacher, clergy & police accomplices over a period of many years when Lidbury was a 6-10yr old child, abuse repeatedly covered up by police & authorities:
Judge Rucker stated:- “He (Lidbury) has no insight into these matters and this is accompanied by implacable hostility to the authorities in general”
Lidbury "The judge was wrong . When you've been raped by multiple person over multiple years as a 6yr -10 yr old kid by a copper, teacher & clergy amongst others & every single bent, corrupt, dishonest, lying, scumbag Devon & Cornwall police officer you've ever encountered has colluded & collaborated in covering up not only that multiple repetative child rape, but also rampant homophobic prejudice & discrimination by numerous police officers, it tends to give one very sharply focused insight into these matters. But yes, I do have implacable hostility to authority corruption, dishonesty, criminality & homophobia, ....especially that of police & including that of judges'"
NB: Lidbury as a Child Rape Survivor is to give sworn testimony to the statutory UK Independent Inquiry into Child Sexual Abuse AGAINST Devon & Cornwall police & the Intercom Trust (Devon), amongst others for collaboration, collusion, ignoring, persecuting, victimising, bullying, supressing & threatening Lidbury as a Child Rape Survivor in their police & Intercom's determination to ignore and cover up Lidbury having been raped by multiple persons over a period of several years when Lidbury was a 6 -10 year old child
Police had previously threatened legal action to prevent a gay community newsletter Fagbutts being published. The bi-monthly gay publication ran for seven issues through 2006 - 2007. Fagbutts a gay community newsletter raising concerns of homophobic hate crimes was in 2006 presented in evidence against Lidbury in Crown Court civil action.
Devon & Cornwall police & the court far more interested in covering up Homophobic Hate Crimes & institutional discrimination & prejudice exposed through the newsletter in Cornwall than Devon & Cornwall police were in tackling the hate crimes committed against gay persons. (NB: In the same manor as has since been exposed since the Jimmy Savile debacle how police have covered up historic child sexual abuse wholesale across the country & police have further victimised & persicuted CSAsurvivors.)
Despite disclosure of thirty one defense witness & character statements on behalf of Lidbury, these were suppressed by police & denied submission to the court.
ALL of the following people gave witness statements on behalf of Lidbury's defence.
Devon & Cornwall police deemed ALL of these witnesses as unreliable & deemed their statements inadmissable as evidence.
AEM Paul DONSON - Armed forces
STD Thomas COLE - Armed forces
Ben CHARD - Armed forces
Richard PURSLOW - Armed Forces
Yacoub PASHA -BT Manager
Launa GOODWIN - Mental Health Asst.
Felicity HOWARD - Retired Community Nurse
Rita LIDBURY - Pensioner/ Defendants mother
Dani TRESSIDER - Former employee
John SMITH - Former employee
Simon READ - Former employee
Martin PASCOE - Former employee
Peter MIDWOOD - Former employee
Mathew ALLEN - University student
Nigel CLEMOW - Disabled person/CAB advisor
Damien SHOTTON - Disabled person
Ben LAWSON-PEARCE - Trainee manager
Alexa WHELAN - Nurse
Colin J GOODWIN - Nurse
Marie GLOVER - Community Care Asst.
Suzanne KESLY - Neighbour
Joseph KEMP - Transport logistics manager
Robert MANN - Media distribution/former partner
Suzane McTAGGART - Morgage advisor
Peter LEALAND - Rehab asst/youth worker
Pru SLATER - Neighbour/retired nurse
The police considered all of these person to be dishonest & untruthful, excluding their statements from evidence.
The Sprocket Trust holds all their original witness statements in the LGBT archive.
Gay Equality & HIV/AIDS Campaigning
Judge Rucker condemned LGBT equality in law & HIV/AIDS care treatment & awareness and referred to Lidbury’s 20 year contribution to campaigning for gay & HIV/AIDS issues as - quote ‘Evangelical Proselytising’.
Lidbury - "As far as I am concerned Judge Rucker simply collaborated with police in continuing to cover up for corrupt police who covered up my being child raped when I was a 6yr old & the catalogue of police misconduct, criminality & homophobia towards me as a gay adult".
In reference to Lidbury being gay & his seven & a half year relationship with his former (now deceased) partner Andrew Smith, who Lidbury nursed in the last two years of his partner’s life when blind & dying of HIV/AIDS. Also Lidbury’s subsequent six and a half year relationship with Rob M - Judge Rucker stated Lidbury (*being gay) would, quote: “Never understand a real relationship”
Malcolm Lidbury’s funeral eulogy he wrote to his deceased partner Andrew Smiths in 1997:-
Male Nudity in Art
In regard to Lidbury’s homocentric paintings the judge had referred to equal age of consent for homosexuals becoming effective with the Sexual Offences Act 2003 (effective 1st May 2004). This was blatantly wrong by the judge as age of equal consent of homosexuals became effective 1st Jan 2001.
Age of consent not even relevant to paintings the police were attempting to have Lidbury prosecuted for.
NB: Unlike the age of homosexual consent which dropped from 18 to 16yrs of age (2001). The age at which a photographic image was deemed indecent where there was a sexual element (not nudity) was raised from 16yrs up to 18yrs with the Sexual Offences Act 2003 (effective 1st May 2004).
Previous to May 2004 it was perfectly lawful for a 16yr old to pose for nude photography. Hence topless 16yr old female models lawful in the Sun newspaper prior to this date, May 2004. Before 2003, British tabloids sometimes featured 16- and 17-year-old girls as topless models. Samantha Fox, Maria Whittaker, Debee Ashby, and others began their topless modelling careers in The Sun when they were 16, while the Daily Sport was even known to count down the days until it would feature a girl topless on her 16th birthday, as it did with Linsey Dawn McKenzie in 1994.
Again this new law related to photographs & was not relevant to paintings, which were clearly not photographic in nature. Again not relevant to Lidbury's paintings which were lawful & legal. Nobody had ever modelled for Lidbury personally who was not completely within & compliant with the law current at the time.
Gay Youth Homelessness
In the complete absence of any authority assistance in Cornwall to a gay youth living rough on the streets of Helston, Lidbury had been asked by members of the public & serving members of the Navy based at RNAS Cauldrose to assist the gay homeless youth.
The Judge stated that there was ‘NO EXCUSE’ for Lidbury, or by proxy his mother, serving military of RNAS Culdrose, neighbours & members of the LGBT community or any of the public to help a young (gay) person’s’ living homeless on the streets.
Judge Rucker also described the public assistance given to a homeless Cornish gay youth (by numerous members of the public, members of RNAS Culdrose, Lidbury & Lidbury's 75yr old pensioner mother. Lidburys mother became the youths landlady from 2005 -2013, until he was 24yrs old ) as “GROSSLY IRRESPONSIBLE”. This was despite total absence & complete refusal of any assistance to the gay homeless youth by any of the Cornish Authorities. Inc. Police, Youth Service, Social Service & Education Services
It was entirely ignored by the court that Cornwall police, Cornwall Social Services, Cornwall youth services & Cornwall education dept. had ALL been fully aware that the 15yr old youth had been living homeless & rough on the streets of Helston for 2 months, failing in their ‘duty of care’ & as none of the authorities had given assistance.
Cornwall Social Services failed entirely to meet a single one of their own objectives they set themselves at his case conference (Some papers held by Sprocket Trust archive).
Jim Walters, a Cornwall Social Worker aided by DC Magnus Scott even attempted to blackmail the gay youth, threatening to prevent access to welfare benefits. (This was tape recorded by Mrs Lidbury’s tenant Mr JC Smith)
The homeless youth had written numerous letters to his Lib Dem Mp Andrew George begging for help…he received no help at all from his Mp.
The authorities of Cornwall did absolutely nothing to help the homeless gay youth! This sort of homophobic abuse accepted norm by the Cornish authorities and abusive Cornwall police officers like those Lidbury has repeatedly identified & why Lidbury when asked to help the youth by members of RNAS Culdrose, stepped in to assist.
Cornish authorities & police attempted to cover up their ‘failure of duty of care’.
Whereas Andrew George Mp & the ombudsman had turned a blind eye to Cornwall Children’s Services failings. Subsequently in part due to the formerly homeless gay/bi youth own video campaigning on youtube his original video watched over 100,000+ & follow up video watched over 70,000+. Ofsted deemed Cornwall Children’s Services not fit for purpose. Children’s Services in Cornwall were placed in special measures by the government. The Director of Cornwall’s Children’s Services Mr Dean Ashton resigned. Ashton’s resignation was cause for celebration in the Lidbury household.
The police role of ignoring the gay youth’s homeless state as a child (PC Treloar & PC Fuller) & police homophobic conduct & attitudes of DC B Woods & DC Magnus Scot ignored by Middlemoor police HQ, as is common corrupt senior police routine practice was swept under the carpet.
2006: DC Magnus Scott testified UNDER OATH in court in his written statement that Lidbury had:- Quote: ‘dropped off the radar’ (became invisible to police) since 1988. Police implying ‘under oath’ to the judge that Lidbury had gone underground & hidden himself.
NB: Please re-read Lidbury’s Gay equality & HIV/AIDS campaigning contribution since his coming out in 1989– onwards. Television, Radio, Press, Magazine, Documentaries, Inquiries, Conferences, Organizations & Groups – to gauge the extend Lidbury had become invisible?
Just how much more bloody visible could an ‘out’ gay person possibly be in a homo-retarded backward place like Cornwall?
NB: 2006: Police also testified under oath in civil court that Lidbury’s partner in 2005 Paul (Diddy) was fictitious & did not exist. (Lidbury’s then partner a member of the armed forces stationed at RNAS Culdrose). Paul lived with Lidbury at the Lidbury family home, but maintained a cabin at RNAS Culdrose. Under Tony Hogg then commander of RNAS Culdrose,the mantra was “Homosexuality, it may be legal, but it’s still not allowed”). (Tony Hogg is now Devon & Cornwall Police Crime Commissioner)
Aug 2007: Police subsequently arrested Lidbury’s former partner Paul (Paul having left the military) whilst he was visiting Lidbury on holiday for Cornwall LGBT Pride Beach Day (Paul, the same person who was non-existent according to police court testimony under oath in 2006). An arrest which police later admitted in writing in 2009 was as result of false allegation & recorded as NO CRIME.
Apr 2011: police placed Lidbury’s former partner’s home (now living outside of Cornwall) under less than tactful police observation when Lidbury visited his former 29yr old former partner Paul to give him support.
Lidbury’s former partner Paul had just been diagnosed with cancer.
2005: The last painting Lidbury ever completed was of his partner Paul (Who police testified under oath in court did not exist).
Subsequent to the relentless police homophobic intimidation campaign – on going “Lidbury no longer paints due to severe anxiety panic attacks”. Ref: John Morgan Consultant Clinical Forensic Psychologist Report: March 2011
Historic Child Rape (1966-1970)
2006: Police also vindictively used in civil court against Lidbury, therapy drawings Lidbury drew for counselling in 1988. Drawn prior to his ‘coming out’ as a gay man. The drawings related DIRECTLY to Lidbury having been ‘raped & abused’ when 'he' was a 6-10yr old child (1966-1970).
Police in 2006: deliberately misrepresented & used these counselling therapy drawings by Lidbury of him as a ‘child rape survivor’, in civil court action brought by Acting Chief Constable Nigel Arnold. A bid by police to discredit & silence Lidbury as an outspoken gay adult & as child rape survivor. (Lidbury named on the Devon & Cornwall constabulary website as being vexatious. The abusive police webpage about Lidbury finally removed in March 2015)
Judge Rucker made a Civil Court Order against Lidbury
Lidbury: "To be honest the Devon & Cornwall police officers & others, who have relentlessly persicuted & victimised me as a gay man, are a far lower form of abusive pondlife scumbags than were the child rapists who sodermised me for years when I was 6 - 10 years old"
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