• The Statutory Instrument 1992, No:129;

• Who should Resign?

• Sir Peter Coulson’s and other’s roles?

This complex Statutory Instrument was not a well written or constructed Instrument to correctly deliver pensions to those whom it was meant to serve. It was not the government actuaries’ finest hour.

At key points it lacks detail, logic, and ‘afterthought’ guidance is spread about under different loosely associated other Rules especially where the SI is ‘silent’ on how a pension provider should proceed from a given point. This all gave rise to numerous errors which went unchallenged because of the trusting ignorance of the Firefighters who in the longer term Fire Authorities willingly and knowingly then exploited to assist their budgets though it was, and is fraud, on a grand scale.

It is also important to recap and reprisé events involving the High Court Judiciary and their failure to find, read, and logically interpret all the relevant law and actuarial advice including the Home Office Commentary which is not the law but which contains extremely useful pragmatic guidance in implementing the law particularly for those who lack knowledge of this pension law Statutory Instrument; in this instance inexperienced High Court Judges who had no discernible pension law experience, nor did they claim so.

This led in turn to these Judges misdirecting themselves. It may well be that MR Etherton absence on regular sick leave allowed his Acting Head of Civil Courts Sir Peter Coulson to took advantage to block at any cost to his colleagues the disabled Fire Service Veterans quest for Justice; Coulson will also pay with his career when the Bugler gets to the point of revelation where it is revealed that Coulson had, and has, connections with Ministers of State Opperman and Coffey who were also intent in denying the FSV’s Justice .

In a conflicting atmosphere of divided loyalties and personal morality and in an attempt to comply with any innate sense of Justice they might possess, Falk LJ attempted to change her mind and steer a course towards Justice but was immediately and extraordinarily sacked from this case; Fancourt LJ having seen the price to be paid had no qualms of either Justice or morality and simply decided it was easier all round just to say ‘No’, as directed, to the Appellant.

Both Judges highlighted their personal discomfort. At one point Falk LJ stated in frustration that … “it doesn’t make sense”, and in another by Fancourt LJ in candour who stated that Paragraph 5 … “took some reading”. It does indeed but only if they were prepared to do the work rather than carry out the dicta of those superior in rank to them.

Next we must look at who wields the mailed fist and the consequences for the Judiciary in general.

This act of perfunctory removal of Falk LJ by Justice Coulson, and failing him the Lord Chief Justice, or the newly appointed Master of the Rolls Sir Geoffrey Vos (waiting in the wings) has caused incalculable harm to the reputation of the UK Judiciary and tainted the post of the Master of the Rolls and the Judicature widely .

The Bugler is one of those very rare Irish Citizens who holds the UK Judiciary at large in high intellectual and integrity regard with the exception of Anglo-Irish and International politics where history records a UK Judge will always be found to do his Master, the British Government’s, unseemly bidding , as we see yet again. Invariably and cynically this paves the road to the House of Lords.

However Master of the Rolls Egerton did fail to exercise sufficient vigilance, even retrospectively,  to ensure that he was seen to act at all times with independent propriety, and with the appearance of Public propriety, to ensure that he avoided Public controversy which has been damaging to the Judiciary and the Supreme Court but in particular to the trust of the disabled Firefighters and their Beneficiaries.

A failure of any judge to observe these principles can lead to serious damage to Public trust in, and respect for, the judiciary. That has occurred in this case, at a time when trust and confidence in the institutions of the State are particularly important.

It is a longstanding and important aspect of the reciprocal respect due to institutions of the State that Judges do not engage in, nor give rise to, matters of controversy most particularly involving the law , its interpretation, or to be seen to be involved in blatantly manipulative chicanery involving ‘press ganged’ junior Judges.

It is the Bugler’s view, and the unanimous view of all of the disabled Firefighters involved that the cumulative effect of all  these matters has been to cause very significant and irreparable damage both to the Court of Appeal and to FSVs’ relationship with the Courts which is essential to the Public interest that the proper functioning of a collegiate effort is seen to work in their attempts to seek and obtain Justice.

It is neither feasible nor realistic to attempt to separate each individual involved, at this point in time, and to argue whether of its self it would justify resignation. It is the cumulative effect of this serious controversy that The Bugler, his comrades, and the Public have to consider.

Otherwise it is a reasonable conclusion that the Judiciary abides by its own code of misconduct… ‘do not do as I do, but do as I say’, and that they can and will do what they like with no consequences. No one is above the law; we live in the 21^st Century not in the age of Oliver Cromwell the predecessor of the current Master of the Rolls…

The Bugler very much regrets because he had such high hopes, win or lose, for Justice and  very much regrets that we have arrived as this unpalatable situation.

However, there can be no alternative to restoring Public confidence in this matter without a Public apology and the resignation even at this late stage, or of whomsoever it was who was the author of this Judicial misfortune and debacle, concerning an unseemly demonstration  that ‘might is right’ within the context of the Judiciary and for these are matters  which affect Public trust.