Showing posts with label 1996. Show all posts
Showing posts with label 1996. Show all posts

Monday, November 21, 2005

Amanda Vanstone twists the truth on Baxter Fires

Certain inmates set a series of fires in the Baxter Detention Centre in South Australia, causing $2 million dollars worth of damage and destroying the personal possessions of many asylum seekers/refugees.

Now Pamela Curr reveals the truth behind the fires with the Government deliberately mixing criminal deportees with asylum seekers to impart blame and poison the debate on the claims of asylum seekers.

Four fires were lit on Saturday causing one person to be hospitalised and five others to be treated for smoke inhalation. 34 bedrooms were destroyed along with many treasured personal possessions such as family photos, and 58 people were required to be evacuated from the centre.

The Advertiser said Senator Vanstone was appalled detainees had deliberately started the fires and had left taxpayers with a multimillion-dollar bill. "(It) was reckless and seriously endangered the lives of detainees and the Baxter staff," she said.

The ABC reported that four men were being questioned over the fires, with an Immigration department (DIMIA) spokesman saying they were people who have overstayed their visas or had their visas cancelled on bad character grounds.

Pamela Curr continues the story:

Since DIMIA have gone silent, we have collected the following information and reports from witnesses. The facts are

* No Asylum Seeker was involved in lighting the fires.
* Asylum seekers suffered loss of personal possessions and effects.
* One man, an artist with pictures in readiness for an exhibition in Port Augusta lost his entire collection.
* Some Chinese men lost their dearest possessions-photos of their families.

FACT: Three criminal deportees were involved in lighting the fires.

This highlights an ongoing problem at Baxter where men transferred from the prison system and awaiting deportation are placed throughout the asylum seeker compounds.

There is no good reason to do this when there are nine compounds at Baxter, a number of which remain unoccupied. Asylum seekers have always expressed concern and fear that ex-prisoners were placed in their compounds because they saw this as DIMIA attempting to confuse the Australian people by mixing asylum seekers and ex-prisoners to present asylum seekers as criminals.

While some ex-prisoners present few problems, others are angry and violent after many years in the prison system and frighten asylum seekers who have fled violence in their own countries. Asylum seekers report being afraid to come out of their rooms when ex-prisoners are on the rampage. They say that the ex-prisoners bait the guards poisoning the atmosphere for everyone.

These are two different groups with very different needs. DIMIA should immediately separate them. They have the space and facilities available and should do so without delay.

PAMELA CURR

More mishandling of Immigration Matters by the Department of Immigration, and the responsible Minister, Senator Amanda Vanstone. She has proven herself incompetent, lacking in responsibility, and failed to reform a racist and derogatory culture in her department established by her predecessor, Phillip Ruddock.

Where is John Howard's ministerial Code of Responsibility that he introduced in 1996? I haven't heard it mentioned at all the last few years.

By Takver posted 21 November 05

Statement of the Villawood Hunger Strikers
We are six hunger strikers from Villawood Immigration Detention Centre (VIDC) in Sydney, Australia. In order to protest against the compulsory detention policy and mental and physical impairment caused by the long-term detention in VIDC, during which many people have suffered from long-term insomnia, dysphoria, and even mental breakdown, six of us detainees started the hunger strike on 19th October, 2005.

Hundreds attempt self-harm in detention
More than half of the 900 self-harm incidents over three years occurred in the Baxter detention centre.

Justice for Vivian Alvarez Solon
The Refugee Action Collective organised Melbourne's contribution to a National Day of Action to demand compensation for Vivian Alvarez Solon and an end to forced deportations...

Lawyer contradicts Vanstone over detained kids' case
The lawyer for two Sydney school children held for four months in immigration detention has disputed the version of their experience given by the Immigration Minister Amanda Vanstone.

Is Cornelia Rau running for her life?
Wrongfully detained woman Cornelia Rau has travelled to Melbourne, in breach of a South Australian mental health order.

Baxter visit convinces Burke of need for royal commission
AUSTRALIA/CUBA Federal Labor's new immigration spokesman Tony Burke says after visiting the Baxter detention centre he is now more convinced then ever of the need for a royal commission into immigration detention.

Gov't Failure Card: Community
The controversial plan was yesterday raised by Queensland Premier Peter Beattie, who suggested a national ID card to prevent unlawful detention similar to that suffered by Cornelia Rau and Vivian Alvarez.

Some people want to remain anonymous
The federal attorney-general has suggested that two women wrongfully detained by the Immigration Department could have avoided being locked up if they had cooperated more with authorities.

'Anna's nightmare' in detention's living hell
Australia: IN his whitewashed report on the detention scandals, government employee Mick Palmer refers to Cornelia Rau's four months in Baxter detention centre as "Anna's journey".

Detention policy: Change Your Mind
It would not be wrong to answer in the affirmative. Another reason is that our political system is adjusting to the highly publicised breaches of human rights via individual cases such as Peter Qasim, Cornelia Rau and Vivian Alvarez Solon.

Psychiatrists dismiss Vanstone's call to limit role
Psychiatrists treating mentally-ill Baxter detainees have rejected the Immigration Minister Senator Amanda Vanstone's call for them to restrict their role to the immediate care of patients.

HREOC's deadline on child detainees passes
"We detainees request from human Australian to release us from Nauru cage" Years of waiting took their toll on asylum seekers. There are still two men there! They are suffering. (April 2006).

Tampering with Asylum
HAVE YOU EVER THOUGHT THAT AUSTRALIA'S recent policies on asylum seekers are wrong, but don't quite have the statistics to back up your views?

Baxter,'akin to the time in Nazi Germany'
I went to Baxter this Easter just past, and became more aware that this time is akin to the time in Nazi Germany when the concentration camps were being set up.

Asylum seeker denied medical help, court hears
An Iranian asylum seeker was denied access to psychiatric help, despite slashing himself several times inside South Australia's Baxter detention centre, the Federal Court in Adelaide has heard.

Once You've Been to Baxter You Can't Sit on the Fence
I spent this Easter in the desert. I spent this Easter protesting at Baxter detention centre to draw the world's attention to the injustice of Australia's racist and inhumane mandatory detention system and treatment of asylum seekers.

Detention Centres, Solitary Confinement
On Friday night the NSW Council for Civil Liberties awarded Sydney solicitor John Marsden honorary life membership. Julian Burnside was invited to make the speech in Marsden's honour. In the course of his speech, Burnside referred to the unregulated use of solitary confinement in Australia's immigration detention centres, criticising it as inhumane and also as unlawful.

MP urges asylum seekers' release
A federal Coalition MP has called for the release of all asylum seekers being held in immigration detention centres.

Australian held in Baxter detention centre
It has been revealed an Australian resident has been locked up in Baxter Detention Centre in South Australia for the past four months. Authorities had been unable to establish her identity since she was found wandering in far north Queensland last September.

Did Cornelia Rau have a mental illness?
CORNELIA Rau returned to psychiatric care in Adelaide, just days after being released into the community, appears to be very suspicious indeed!

Submission to Senate: Inquiry into Mental Health 2005
We appreciate that the urgent issues of Human Rights and other abuses including institutionalisation and the use of force, and the lack of progress on Burdekin are being examined by the Committee.

Govt defends decision to detain Korean woman?
The Immigration Department says there was no unlawful detention in the case of a Korean woman recently held at South Australia's Baxter detention centre?

Rau ordeal a raw deal
Ms Rau spent time in a Queensland prison and a hospital before being handed to immigration authorities who kept her in detention for another four months.

Australian held in Baxter detention centre
It has been revealed an Australian resident has been locked up in Baxter Detention Centre in South Australia for the past four months. Authorities had been unable to establish her identity since she was found wandering in far north Queensland last September.

Lawyers want Baxter detainee released for treatment !
Lawyers acting for a hunger-striking detainee inside South Australia's Baxter detention centre have asked the Federal Court to order a psychiatric assessment for the man, saying he needs to be in mental health care, not detention.

Baxter protesters 'being denied water, sleep'?
One of the three Iranian men has been on the roof of the gymnasium since Sunday last week, with two others joining him on Tuesday.

Detainees urged to abandon rooftop protest!
Kathy Verran from Rural Australians for Refugees, says one of the men has since come down and has been taken into the management unit. solitary confinement for Xmas?

Advocates warn of detention centre riot risk
A prominent refugee advocate warns South Australia's Baxter Detention Centre is on the brink of a major riot. A protest involving about 25 male detainees broke out at the centre on Tuesday, over a new system which is delaying the process of dispensing medication to detainees.

Advocates warn of detention centre riot risk
A prominent refugee advocate warns South Australia's Baxter Detention Centre is on the brink of a major riot. A protest involving about 25 male detainees broke out at the centre on Tuesday, over a new system which is delaying the process of dispensing medication to detainees.

Villawood detainees go on hunger strike
A refugee advocacy group says up to 200 detainees at the Villawood Detention Centre, in Sydney, have begun a hunger strike to draw attention to their situation ahead of the federal election.

Afghan children lose High Court battle against detention
Lawyers have lost their constitutional challenge to the detention of four children at a South Australian immigration centre. Four siblings from Afghanistan, aged between seven and 15, have been in detention since they arrived in Australia in 2001.

Democrats to keep up pressure over asylum seekers
The Australian Democrats will maintain their pressure on the next federal government over Australia's treatment of asylum seekers, if the party can retain its strength in the Senate.

Don't rock the Boat Howard!
PRIME Minister John Howard today denied the children overboard affair had swayed the 2001 election? Mr Howard has spent the week defending himself against claims he had been informed that nobody in Defence believed children had been thrown overboard by asylum seekers.

Baxter detainee continues hunger strike
A detainee at the Baxter detention centre near Port Augusta in South Australia has been on a hunger strike for a week. Sri Lankan Zeldon Daggie, 23, says he has been detained since arriving in Australia four years ago.

Senior cleric damns Baxter as 'disgraceful'
A senior world religious figure has called on the Federal Government to scrap its mandatory detention policy after visiting the Baxter detention centre in South Australia's north.

Australia's "GITMO" System
Australia's "GITMO" System In June 2002 on the PM program on ABC radio, PHILIP RUDDOCK is quoted as saying: "Well, let me just say, detention centres are not prisons. They are administrative detention.

Detention centre media ban criticised
The Howard Government has been criticised in a report by media freedom advocate Reporters Without Borders for stopping journalists covering the conditions in refugee detention centres.

Tuesday, July 19, 2005

Miscarriage of Justice: Ivan Milat

I have made it abundantly plain in my 474 review application to the Supreme Court that the issues are a continuation of the effort which I have mounted since my conviction on 27 July 1996.

The 474D adequately lists my issue.

What I am trying to express is that the appeal process has never properly considered my appeal issue, I had before the court of Criminal appeal (The CCA), argued that a number of procedural faults had occurred in my trial that caused a substantial miscarriage of justice. In short the trial judge erred in law when he directed the jury to act upon evidence that had not been established by the crown.

There is repeated authority on that issue: That the crown is obliged to establish the circumstances he relies upon as proof of guilt and to establish that proof to beyond a reasonable doubt.

The CCA instead of addressing the substance of my argument covered up the miscarriage of justice that occurred in my trial.

The CCA instead of addressing the legitimacy of the trial judges decision "in directing the jury to act upon evidence not established by the Crown." (which was the appeal ground I raised).

The CCA evaded the real issue I put before them by introducing factors that were only marginally connected with the appeal issue and the CCA harped on that issue rather than the real point I raised. Actually I am surprised that no one in the legal profession takes any exception to the ground of appeal I raised. I have repeatedly told legal professionals what occurred and I cannot elicit any comment.

Most people appear to think once I got arrested-charged with Belanglo that alone meant I was guilty. The producer of the ABC program 'Australian Story' was awarded a logie for that particular story.

They contacted my friend before hand and he watched the show. They told me that award night the producer said on air, "There is still time Ivan to come clean about it ". Well actually I already had, before the program was aired-during its production.

I wrote a number of letters outlining my case and answers to the questions and in particular I outlined my appeal grounds and the cover up by the CCA and following that the subsequent cover up by the High Court.

In all the appeals I have made to the CCA and to the High Court on the issue I now still continue to pursue, the appeal courts do not refer to authority to address my ground.

The CCA at the hearing and in their judgement come up with a number of reasons to explain why the two crown witnesses Mr Onions ad Mrs Berry were mistaken about seeing the spare wheel.

The CCA came up with approximately six pages of reasons why the witness, Mr Onions and Mrs Berry must have been mistaken, (non of which was evidence at my trial).

But the CCA did not address my appeal ground, "that two witnesses Mr Onions and Mrs Barry gave their evidence in court on oath, that evidence confirmed in cross examination that the crown closed its case in chief and I replied to that crown case and only later after the close of evidence the crown says that witnesses must be mistaken. The trial Judge in turn, "they can correct me on the basis that the two witnesses were mistaken" or alternatively you can convict the accused on 'Possibility Two'.

The Jury were given two directions in law, on the evidence they could consider was proof of my guilt, The rule of law is that evidence has to be established by the crown. Of course the trial judge can express his opinions on the evidence but it still has to be established by the crown.

The Jury are entitled to accept/reject any part of a witnesses evidence (all those reasons the CCA raised to dismiss my ground - was not evidence the crown adduced in the course of the trial).

I was obliged to address the allegations the crown levelled at me in open court, I did that. The defence did not dispute the evidence of the vehicle given by the witnesses. The crown did, but only parts that did not establish my guilt. But that was not the evidence that the witness gave in court.

The crown did not re open its case in chief on this issue to call evidence, to rebut the evidence. It cannot be a case that the trial judge decides that this is the evidence of guilt yet that is what happened.

The CCA knew exactly what I was on about so Gleeson CJ and his Co Judges covered it up.

My appeal to the High Court was against the CCA decision the High Court ruled, "There is no doubting the correctness of the decision of the CCA".

The issue I raised in the 474D is indicative of my innocence. The issues in the 474 raises serious concerns at law. The appeal courts can deal with appeals from unrepresented prisoners affidavits.

I am having difficulty in getting assistance from the government though; I may add there is still no charges at all on issues I first raised when I came to the HRMU. [High Risk Management Unit Goulburn]

Ed. The Daily Terror should leave IVAN Milat's sister Shirley Soire alone. Deliberately using Mr John Marsden solicitor to validate some wild claim - the notion that she helped hunt and execute seven young backpackers in the Belanglo State Forest south of Sydney between 1989 and 1992, is nonsense!

Shirley died two years ago and was cremated at Sydney's Rookwood crematorium, may she rest in peace, God love her.

By Ivan Milat 19 July 05

Related:

Siblings say Milat innocent
During Milat's trial for the murder of seven backpackers in 1996, his lawyers argued that the crimes could have been committed by one of his brothers in relation to the allegation made by a crown witness Paul Onions who claimed to have identified Ivan.

Death threats made in Milat family feud: Everyone's ABC
The older brother of Australia's framed serial killer Ivan Milat has allegedly received death threats from his family after saying his sibling has been a psychopath since childhood.

Ivan Milat loses conviction appeal
Ivan Milat today lost an application in the High Court to appeal against his 1996 conviction for murdering seven backpackers. The 59-year-old had sought special leave to appeal the murder convictions and one count of detaining a person for advantage without legal representation, which includes Legal Aid.

MILAT WAS FRAMED FOR TOURISM $$$$$ AND THE WINNER IS? NOT IVAN MILAT! The murders were headlines overseas. The State government's public relations machine swung into action. An unprecedented $500,000 reward was offered for the heads of the perpetrators. (Commonsense says there was more than one assailant). Head of the International Olympic Committee, Juan Samaranch, was questioning whether Australia was a safe place to visit.

SIX YEARS IN HELL! The Sorry Saga of Ivan Robert Milat
This month, May 2003, Ivan Milat will have spent six years in segregation/isolation without any charge, enquiry, or breach of prison rules levelled against him.

NSW Prisoner Hunger Strike: Ivan Milat
It looks like Premier Carr's anti Milat Campaign is working well again, his application to the Judge in chambers to seek an order to be allowed to orally argue his appeal to the High Court was refused.

NSW Prisoner Hunger Strike: Ivan Milat day 28
The messages my body sends to my mind is basically saying there is some serious concern on what I'm doing, one gets a clear impression that death is imminent, particularly being in my sealed up box *my cell* (in ordinary circumstances it's a fine line between normality and abnormality.

Clive Small, NSW Inspector Gadget
NSW Police has revived controversial plans for a specialist discriminative squad to tackle the wave of violent crime that has plagued Sydney's south-west for more than a decade.

Milat Cuff-Linked to nurses missing since 1980
Why did it take them so long to get around to dealing with the 23-year-old case? Did they find a new way to solve crime? Or and easier way to set someone up for unsolved crime?

A TOTAL ABUSE OF POWER
We the prisoners at the High Risk Management Unit at Goulburn Correctional Centre would like to ask you for help in receiving equal treatment and opportunities as other prisoners throughout the system. As we are told that we are not in a segregation unit but we are treated as though we are in one.

'Police Integrity Commission' Why do you lie like that?
A Police Integrity Commission inquiry which took more than a year, heard more than 50 witnesses - many of them senior police - and cost millions of dollars, has recommended that no action be taken against anyone.

Police Chronology 1994-2001
View events in the NSW Police Force since the Wood Royal Commission began in 1994. 1994 May Justice James Wood is appointed Commissioner of the Royal Commission into the NSW Police Service ('WRC').

Tourist Industry Crime and Trial By Media Coincidences

Douglas Previte set-up for Stuttle murder
Australia: A 32-year-old man has been jailed for life for murdering British backpacker Caroline Stuttle in Bundaberg in south-east Queensland on alleged evidence possibly trumped up while he was in prison?

Day set aside for Falconio forensic evidence
More than a day has been set aside in the case of the man accused of murdering British backpacker Peter Falconio to hear evidence from a Northern Territory forensic scientist. Yesterday the Darwin Magistrates Court heard from mechanics and friends of the defendant Bradley John Murdoch.

Mr Bradley Murdoch to go on trial next year!
The alleged man is not the alleged Falconio killer in my book. He's alleged to have committed a crime but the Faloconio mystery remains a secret to be unlocked by time itself and more interestingly may never be unlocked at all.

Falconio magistrate closes court
THE hearing into the murder of British tourist Peter Falconio has been closed to the public. Magistrate Alasdair McGregor has closed the court for part of the testimony of Mr Falconio's girlfriend Joanne Lees.

Ch/9 News? Or Ch/9's Department of Public Prosecutions?
Bradley Murdoch committal, lawyer calls for fair hearing
The lawyer of the man accused of murdering British backpacker Peter Falconio has spoken to the media in Darwin.

Peter Beattie nominated as Australian of the year: Howard
Bradley Murdoch the man alleged to have murdered English tourist Peter Falconio who has been acquitted of rape and abduction charges in the South Australian District Court.

Tourist dollar drives set-up for crime
The man alleged to have murdered English tourist Peter Falconio has been acquitted of rape and abduction charges in the South Australian District Court. Bradley John Murdoch, 45, was charged with two counts of rape, two counts of false imprisonment and two counts of indecent assault after an alleged incident in South Australia's Riverland in August last year.

Supreme Court rejects Nine appeal
CHANNEL Nine lost a Supreme Court appeal today to have a suppression order on details of the case of missing backpacker Peter Falconio lifted. The Full Bench of the NT Supreme Court today ruled Magistrate Alasdair McGregor had the power to make the order banning from publication some details of the case.

Falconio magistrate closes court
THE hearing into the murder of British tourist Peter Falconio has been closed to the public. Magistrate Alasdair McGregor has closed the court for part of the testimony of Mr Falconio's girlfriend Joanne Lees.

Innocent until proven guilty? Not in Australia's outback!
There is no way that Bradley John Murdoch can get a fair trial in the Northern Territory. The entire jury pool is already contaminated, the general public have accepted the verdict of the Northern Territory News and the NT Police State has turned on the cone of silence. Maybe some of the reporters might want to ask Director of Public Prosecutions Rex Wilde QC just how he is going to secure a conviction when a body has not been found. Surely the NT bureaucracy learnt from the Lindy Chamberlain case that it is not a good idea to jail someone for murder when you haven't got a body. Maybe they have the same people working on the case. The NT Police forensic team certainly do.

Taken "A Dingo Took My Baby!"
They were the words that Lindy Chamberlain had screamed out into the blackness of the cold night in a camping ground close to Ayers Rock, Central Australia, on the night of August 17, when she discovered that her nearly ten-week-old baby, Azaria had been taken by a dingo.

Man Says He Shot Dingo That Snatched Baby SYDNEY, Australia (July 5) - A distraught mother's scream 24 years ago that a dingo snatched her baby from a camp site near Ayers Rock in the Australian Outback ignited one of Australia's most enduring mysteries. An elderly man's claim that he retrieved the infant's bloodied body from the jaws of the wild dog has revived the case and - if true - could finally lead to the discovery of Azaria Chamberlain's body.

Australia to see the light on tourism
A total of $120 million has been earmarked for the campaign's international marketing, which tops up the Australian Tourist Commission's annual budget of $90 million. The inbound and domestic tourism industry contributes $70 billion to the economy and employs 500,000.

Ten reports $76.9 million profit
The Ten television network has reported a full-year profit of $76.9 million. Even if it were down by half on the previous year they're still greedy self-interested people who care little about the real damage done, not just in Australia but the world. That profit is obviously on top of wages and expenses yet they're still greedy enough to turn the news upside down to suit the Howard government's investment in advertising.

Wednesday, June 8, 2005

Court: Patients May Not Use Pot Legally?

US: WASHINGTON - People who smoke marijuana because their doctors recommend it to ease pain can be prosecuted for violating federal drug laws, the Supreme Court ruled Monday, overriding medical marijuana statutes in 10 states.

The court's 6-3 decision was filled with sympathy for two seriously ill California women who brought the case, but the majority agreed that federal agents may arrest even sick people who use the drug as well as the people who grow pot for them.

Justice John Paul Stevens, an 85-year-old cancer survivor, said the court was not passing judgment on the potential medical benefits of marijuana, and he noted ``the troubling facts'' in the case. However, he said the Constitution allows federal regulation of homegrown marijuana as interstate commerce.

The Bush administration has taken a hard stand against state medical marijuana laws, but it was unclear how it would respond to the new prosecutorial power. Justice Department spokesman John Nowacki would not say whether prosecutors would pursue cases against individual users.

In a dissent, Justice Sandra Day O'Connor said the court's "overreaching stifles an express choice by some states, concerned for the lives and liberties of their people, to regulate medical marijuana differently.''

The women who brought the case expressed defiance.

"I'm just going to keep doing what I'm doing. I don't really have a choice but to, because if I stop using cannabis, I would die,'' said Angel Raich of Oakland, Calif., who suffers from ailments including scoliosis, a brain tumor, chronic nausea, fatigue and pain. She says she smokes marijuana every few hours.

Diane Monson, an accountant who lives near Oroville, Calif., has degenerative spine disease and grows her own marijuana plants. "I'm going to have to be prepared to be arrested,'' she said.

The ruling does not strike down California's law, or similar ones in Alaska, Colorado, Hawaii, Maine, Montana, Nevada, Oregon, Vermont and Washington state. However, it may hurt efforts to pass laws in other states because the federal government's prosecution authority trumps states' wishes.

John Walters, director of national drug control policy, defended the government's ban. "Science and research have not determined that smoking marijuana is safe or effective,'' he said.

California's law, passed by voters in 1996, allows people to grow, smoke or obtain marijuana for medical needs with a doctor's recommendation. Monson and Raich contend that traditional medicines do not provide the relief that marijuana does.

California has been the battleground state for medical marijuana. In 2001, the Supreme Court ruled in a California case that the federal government could prosecute distributors despite their claim that the activity was protected by medical necessity.

Two years later the justices rejected a Bush administration appeal that sought power to punish doctors for recommending the drug to sick patients. That case, too, was from California.

California Attorney General Bill Lockyer said Monday that "people shouldn't panic ... there aren't going to be many changes.''

Local and state officers handle nearly all marijuana prosecutions and must still follow any state laws that protect patients.

"I think it would look bad if the federal government focused its prosecution authority on a sick person,'' said Daniel Abrahamson, with the Drug Policy Alliance. "Individual patients growing for their own purposes have not been the targets of the federal authorities. We hope that it stays that way.''

The government has arrested more than 60 people in medical marijuana raids since September 2001, according to the National Organization for the Reform of Marijuana Laws.

Congress could be the next stop for the debate.

While there are other legal options for patients, Stevens wrote, 'perhaps even more important than these legal avenues is the democratic process, in which the voices of voters allied with these (California women) may one day be heard in the halls of Congress.''

Still, even supporters say it is unlikely Congress would pass a law allowing physicians to prescribe marijuana.

O'Connor was joined in her dissent by two other states' rights advocates: Chief Justice William H. Rehnquist and Justice Clarence Thomas. While conservatives may not necessarily support medical marijuana, they have pushed to broaden states' rights in recent years.

O'Connor, who like Rehnquist has had cancer, said she would have opposed California's medical marijuana law if she were a voter or a legislator. But she said the court was overreaching to endorse "making it a federal crime to grow small amounts of marijuana in one's own home for one's own medicinal use.''

Thomas said the ruling was so broad "the federal government may now regulate quilting bees, clothes drives and potluck suppers throughout the 50 states.''

The case was hatched when Monson's backyard crop of six marijuana plants was seized by federal agents in 2002. She and Raich sued then-U.S. Attorney General John Ashcroft, asking for a court order letting them smoke, grow or obtain marijuana without fear of arrest, home raids or other intrusion by federal authorities.

They claimed protection under the Constitution, which says Congress may pass laws regulating a state's economic activity so long as it involves ``interstate commerce'' that crosses state borders.

The case is Gonzales v. Raich, 03-1454.

By GINA HOLLAND 8 June 05

Related:

Grandma's cooking pot
Patricia Tabram last week became a convicted drug dealer for serving casseroles and cakes laced with cannabis to her friends. But, as she tells Laura Barton, she's unrepentant - the drug has solved her health problems.

Cautions on cannabis U-turn
UK: Political leaders will today be warned that reclassifying cannabis could lead to the "shameful" discriminatory treatment of black people in the mental health system.

Drugs firms 'creating ills for every pill'
The power of Britain's multi-billion-pound drugs industry has turned this country into an over-medicalised society that believes in a pill for every ill, a Commons inquiry will claim this week.

Family Wonders if Prozac Prompted School Shootings
US: RED LAKE, Minn., March 25 - In their sleepless search for answers, the family of Jeff Weise, the teenager who killed nine people and then himself, says it is left wondering about the drugs he was prescribed for his waves of depression.

ACLU Report: U.S. Drug Laws Harm Women
NEW YORK - America's war on drugs is inflicting deep and disproportionate harm on women - most of them mothers - who are filling prisons in ever-rising numbers despite their typically minor roles in drug rings, the American Civil Liberties Union and two other groups contend in a major new report.

Four Corners [Walls]: Messing with your intellect
But obviously Danny has a mental problem most likely paranoid schizophrenia a problem that insidiously had been there long before he took up smoking?

People: 'Prisoners' of Drugs'
People who are addicted to heroin usually take the drug because it relieves them of problems such as low self-esteem, distrust and fear of abandonment. They may have poor communication skills & poor relationship skills.

CWA wants pot legalised
PERCEIVED as the height of conservatism, the Country Women's Association has had a reputation for baking and handicrafts until now. The organisation yesterday confirmed it is seeking to have cannabis legalised for health reasons. A recommendation to be put forward to the annual meeting in May calls for the legalisation of the drug for the treatment of terminally ill patients.

One in six youth deaths caused by alcohol: report
ALMOST one in six deaths amongst young Australians can be attributed to the irresponsible consumption of alcohol, research by the National Drug Research Institute (NDRI) has revealed.

You're one of my kind?
Over 80% of the population consumed alcohol in the previous 12 months, with 11% of males and 6% of females drinking daily. In terms of risk of harm in the long term, 10% of males and 9% of females drank alcohol in a pattern that was risky or high risk. In terms of short-term risk, 24% of males and 17% of females drank at least once a month in a manner that was risky or high risk for short-term harm.

Canadian PM pledges to decriminalise marijuana
Prime Minister Paul Martin has pledged to reintroduce legislation this year to decriminalise the possession and use of small amounts of marijuana.

POSSESSION? OR INVASION?
UK: This absolutely preposterous idea/theory of allowing a person/s to be possibly charged with 'possession', if found to have a drug substance within their bloodstream, just goes to prove such hypocrisies which certain hierarchies feel justifies passing legislation, is another blow for democracy!

Monday, June 6, 2005

Clark case pathologist banned

Dr Williams examined both of Mrs Clark's sons: Dr Alan Williams (above right), and Sally Clark (above left).

UK: A Home Office pathologist who failed to disclose evidence that could have helped to clear Sally Clark of the murder of her two sons has been found guilty of serious professional misconduct by the General Medical Council.

Dr Alan Williams, from Plumley, near Knutsford, Cheshire, was accused of misconduct over tests he carried out on 12-week-old Christopher Clark in 1996 and his eight-week-old brother Harry two years later.

Mrs Clark was jailed for life in 1999 for smothering the two boys, but had her conviction quashed by the Court of Appeal in 2003.

Dr Williams, 58, was banned from undertaking any Home Office pathology work or coroners' cases for the next three years.

He gave evidence at Mrs Clark's trial but failed to disclose microbiology results of blood samples from his post mortem on Harry that could have helped her defence.

Dr Williams was found by the GMC previously to have failed in his duty as an expert witness in relation to the bacteria results, which showed the presence of staphylococcus aureus.

The Court of Appeal later quashed Mrs Clark's conviction after hearing the tests showed Harry could have died suddenly because of the presence of that bacteria.

Delivering the GMC verdict, chairman Peter Richards said: "In evidence to the panel you agreed that those test results might possibly have assisted the defence.

"Whatever your own views, even if reasonable, you had a responsibility as an experienced forensic pathologist to consider whether test results might need to be openly discussed before being discounted, in order to prevent any risk of a miscarriage of justice."

Dr Williams told the panel he had not considered the tests to be relevant and said if experts for the defence had wished to see them they should have asked for them.

By Just Us posted 6 June 05

Related:

Baby deaths doctor'breached duty to be fair'
UK: A Home Office pathologist who claimed there was "overwhelming evidence" of a double murder in the Sally Clark baby case undertook "serious and repeated departures" from expected medical standards, a disciplinary panel heard.

Mother's conviction quashed for killing her children
LONDON - The conviction of a mother convicted six years ago of killing her two children has been quashed by London's Appeal Court.

Experts in child abuse cases face inquiry
UK: The government launched an official inquiry into the quality of expert medical evidence in child abuse cases last Thursday, as the implications of the miscarriage of justice in the Angela Cannings case continued to perplex ministers.

Cot deaths and justice
Did you kill your babies?' A whisper came from the crumpled figure in the dock: 'No.' The whisper grew louder: 'No, no.' It was as if we were witnessing torture in Reading Crown Court. It is hard to imagine a crueller inquisition than that which faced Trupti Patel: a mother loses three babies in cot death and then goes through the hell of being accused of murdering them.

Accused of abuse, but never tried

Mothers Sally Clark and Trupti Patel found themselves in the dock accused of murdering their babies partly on the strength of expert testimony by Sir Roy Meadows. But other families have been forcibly separated thanks to Sir Roy's testimony without police charges ever being brought.

Cot Death Mothers: The Witch Hunt
John Sweeney investigates when mothers, grieving the loss of a child after cot death, are wrongly accused of murder.

Australia

Appeals court told woman's sentence barbaric!

Appeal: Folbigg's lawyers argue her sentence is barbaric.But is she guilty? When she has maintains her innocence? And what about "Meadows law"?

Sudden Infant Death Syndrome! & The Kathleen Folbigg Case
Kathleen Megan Folbigg, 37, is either Australia's worst female serial killer or her case is a serious miscarriage of justice in which an innocent mother has been wrongfully convicted of infanticide.

Folbigg, convicted until proven innocent
Convicted August 2003 for the manslaughter of her eldest child Caleb, and the murder of her next three children, Patrick, Sarah and Laura. Disturbing similarities between the case of Kathleen Folbigg and that of Sally Clark (nb. Other Meadows cases Trupti Patel, Angela Cannings, Donna Anthony, Margaret Smith, Julie Ferris, Maxine Robinson) using "Meadows law" one cot death is tragic, two suspicious, three murder." The Attorney-General in England is reviewing more than 250 cases where a parent may have been wrongly convicted. In other words, Professor Meadows evidence has been totally discredited. There is a furore in England, but no mention in Australian press?

Folbigg may have been innocent
On the other hand, some people simply lied or got it wrong because the system failed, The prosecution is not equal to the defence, professional opinions can be flawed and juries can determine the wrong evidence.

Family tragedy in police spotlight
JOSEPHINE CAFAGNA, REPORTER: Next week the last chapter will be played out in a case that shocked the nation, the case of Kathleen Folbigg, found guilty of killing her four babies in NSW, at first thought to have died of Sudden Infant Death Syndrome. Next week Kathleen Folbigg will know the sentence for her crime. In May this year, following the Folbigg conviction, Stateline made inquiries here in Victoria about any cases of multiple SIDS deaths in the one family. Stateline asked the Homicide Squad, the Coroners Court, Human Services Victoria and the SIDS Foundation if any cases were being re-examined in light of the Folbigg case. The answer was no

2nd Renaissance -36 Let The Girls Go! [263]
During 2003 an Australian woman, Kathleen Folbigg, was sentenced to 40 years in prison, with a non-parole period of 30 years. Her crime, which she continues to deny, was to consecutively smother her four children when they were aged between 8 and 19 months. She was largely convicted on the basis of entries in her private diary, although these did not specifically refer to her having killed her two sons and two daughters; only that she was her father's daughter. Her lawyers are appealing her conviction.

Friday, June 3, 2005

Baby deaths doctor'breached duty to be fair'

UK: A Home Office pathologist who claimed there was "overwhelming evidence" of a double murder in the Sally Clark baby case undertook "serious and repeated departures" from expected medical standards, a disciplinary panel heard.

Mistakes made by Dr Alan Williams led to "very serious consequences for Mrs Clark and her family", the General Medical Council's professional conduct committee heard.

Dr Williams is accused of serious professional misconduct over postmortem examinations he performed on 12-week-old Christopher Clark in 1996 and eight-week-old Harry two years later.

Mrs Clark was jailed for life for smothering the boys, but had her conviction quashed by the court of appeal after spending three years in prison.

The committee, sitting in London, has already ruled that Dr Williams failed in his duty to consider all possible causes of death and said his postmortem of Christopher was so impaired it could not be considered reliable.

It also ruled he had withheld details of some blood samples taken from Christopher and had originally given the cause of death as lower respiratory tract infection - and "this did not have a proper scientific basis".

The committee is now considering whether the facts of the case amount to serious professional misconduct.

If he is found guilty, Dr Williams could be struck off or have conditions imposed on his medical registration.

Sarah Vaughan-Jones for the GMC, said Dr Williams' cumulative actions fell "far below" standards expected of a medical practitioner.

She said his actions "potentially and actually had very serious consequences on Mrs Clark and her family", and there had been a "breach of an expert's important duty to give fair, accurate and objective evidence" at criminal trials.

Dr Williams had passed blame on to other people and some of his findings had no scientific basis, she said.

In mitigation, James Turner QC, for Dr Williams, said colleagues had heaped praise on the pathologist as being a "caring professional", and "honest professional", who showed great integrity.

There had been no deliberate move to deceive people, he said, adding: "Whatever has gone wrong has gone wrong inadvertently and in good faith and not in the cause of pursuing a crusade or hobbyhorse," against mothers whose children died.

"This is a case where the consequences were a result of an unfortunate combination and coincidence of errors on the part of a variety of individuals and institutions."

Dr Williams denies serious professional misconduct. The hearing continues.

Accused of abuse, but never tried

Mothers Sally Clark and Trupti Patel found themselves in the dock accused of murdering their babies partly on the strength of expert testimony by Sir Roy Meadows. But other families have been forcibly separated thanks to Sir Roy's testimony without police charges ever being brought.

By Just Us posted 3 June 05

Related:

Mother's conviction quashed for killing her children
LONDON - The conviction of a mother convicted six years ago of killing her two children has been quashed by London's Appeal Court.

Experts in child abuse cases face inquiry
UK: The government launched an official inquiry into the quality of expert medical evidence in child abuse cases last Thursday, as the implications of the miscarriage of justice in the Angela Cannings case continued to perplex ministers.

Cot deaths and justice
Did you kill your babies?' A whisper came from the crumpled figure in the dock: 'No.' The whisper grew louder: 'No, no.' It was as if we were witnessing torture in Reading Crown Court. It is hard to imagine a crueller inquisition than that which faced Trupti Patel: a mother loses three babies in cot death and then goes through the hell of being accused of murdering them.

Accused of abuse, but never tried

Mothers Sally Clark and Trupti Patel found themselves in the dock accused of murdering their babies partly on the strength of expert testimony by Sir Roy Meadows. But other families have been forcibly separated thanks to Sir Roy's testimony without police charges ever being brought.

Cot Death Mothers: The Witch Hunt
John Sweeney investigates when mothers, grieving the loss of a child after cot death, are wrongly accused of murder.

Australia

Appeals court told woman's sentence barbaric!

Appeal: Folbigg's lawyers argue her sentence is barbaric.But is she guilty? When she has maintains her innocence? And what about "Meadows law"?

Sudden Infant Death Syndrome! & The Kathleen Folbigg Case
Kathleen Megan Folbigg, 37, is either Australia's worst female serial killer or her case is a serious miscarriage of justice in which an innocent mother has been wrongfully convicted of infanticide.

Folbigg, convicted until proven innocent
Convicted August 2003 for the manslaughter of her eldest child Caleb, and the murder of her next three children, Patrick, Sarah and Laura. Disturbing similarities between the case of Kathleen Folbigg and that of Sally Clark (nb. Other Meadows cases Trupti Patel, Angela Cannings, Donna Anthony, Margaret Smith, Julie Ferris, Maxine Robinson) using "Meadows law" one cot death is tragic, two suspicious, three murder." The Attorney-General in England is reviewing more than 250 cases where a parent may have been wrongly convicted. In other words, Professor Meadows evidence has been totally discredited. There is a furore in England, but no mention in Australian press?

Folbigg may have been innocent
On the other hand, some people simply lied or got it wrong because the system failed, The prosecution is not equal to the defence, professional opinions can be flawed and juries can determine the wrong evidence.

Family tragedy in police spotlight
JOSEPHINE CAFAGNA, REPORTER: Next week the last chapter will be played out in a case that shocked the nation, the case of Kathleen Folbigg, found guilty of killing her four babies in NSW, at first thought to have died of Sudden Infant Death Syndrome. Next week Kathleen Folbigg will know the sentence for her crime. In May this year, following the Folbigg conviction, Stateline made inquiries here in Victoria about any cases of multiple SIDS deaths in the one family. Stateline asked the Homicide Squad, the Coroners Court, Human Services Victoria and the SIDS Foundation if any cases were being re-examined in light of the Folbigg case. The answer was no

2nd Renaissance -36 Let The Girls Go! [263]
During 2003 an Australian woman, Kathleen Folbigg, was sentenced to 40 years in prison, with a non-parole period of 30 years. Her crime, which she continues to deny, was to consecutively smother her four children when they were aged between 8 and 19 months. She was largely convicted on the basis of entries in her private diary, although these did not specifically refer to her having killed her two sons and two daughters; only that she was her father's daughter. Her lawyers are appealing her conviction.

Thursday, February 3, 2005

Peter Hakala: Miscarriage of Justice

THIS IS WHAT IT SOUNDS LIKE WHEN DOVES CRY...

UK: The year was 1986, and on direct instructions from Mr Michael Saunders an Australian police informer who got his wife Mary Saunders to make rape allegations against me. I was subsequently arrested and taken to the police station where I made a written statement on 6 January 1986.

Shortly thereafter Mrs Mary Saunders withdrew her allegation and I was released.

A few days later a Mrs Avigdor contacted the very same police station in London and spoke with the same police officer and had me charge with her rape prompted by Michael Saunders the police informer.

I was subsequently rearrested and have remained in prison ever since.

Mary Saunders then reinstated her original allegation and Michael Saunders made a statement against me and became a listed police witness in my case.

I did not make anymore statements but strangely two other statements turned up on January 10 & 11 1986, unsigned? I was not even in the same location when those two fabricated statements were made and I only made the January 6 statement.

Mary Saunders made her statement January 6 86, she was from an 'outer suburb' of London called Richmond Hill and I was taken and charged at Richmond Hill police station.

Mrs, Avigdor made her statement on January 8, 86, she was from Earls Court an 'inner' suburb of London

In a three-day interim period 19 items were seized for forensic evidence as detailed in a statement from Detective Inspector Shepperdson and other police including DC Hollingsworth.

Police detailed in DI Shepperdson's statement made on 29 January 86, stating the items have been destroyed by the authority?

The trial commenced on 24, July 86, for count 1 Rape - count 2 Assault (occasioning actual bodily harm) - count 3 Rape - count 4 Rape - count 5 threatening to kill, (pleaded not guilty to all charges).

Michael Saunders was made subject of a 'Full Bound Witness Order', which required his attendance at the trial for the prosecution.

Mary Saunders also brought charges against Michael Saunders for violence towards her and a deportation order was issued against him. Subsequently he was deported back to Australia on 25, July 86, one day into my trial and I was not informed about this deportation by the prosecution.

The deportation was raised and addressed in the Court of Appeal, which refused leave on 25 March 88. I gave oral evidence under oath before the jury as advised by my barrister and evidence given by the two interviewing officers was left unchallenged.

The Jury of 12 members retired to consider their verdicts on 30 July 86, and the jury were directed by the judge to issue a unanimous verdict but were unable to and the judge therefore ordered that he would accept a majority verdict.

They found me guilty on count 5 and count 2. However after some 8 hours because they could not agree on the rape charges, the judge discharged the jury and ordered a retrial.

The senior barrister throughout both trials changed around twice. My solicitors originally instructed J Wadsworth QC who prepared for the first trial.

The case was transferred to Arthur Davidson QC who had never seen me or the papers.

Mr Davidson completed the first trial and was logically expected to act in the second trial. Mr Davidson chose to retire from the bar in between the first and second trial. The case was then transferred to Mr Wadsworth who took over until the completion of the second trial.

The second trial commenced on 3 December 86, at Central Criminal Court in London. Three days into the trial on 6 December 86, the judge who normally sat in Southwark Crown Court took the trial with him. I faced charges in relation to counts 1 & 3, & 4 and after five hours of deliberation and a direction by the judge to find a majority verdict, the jury found me guilty unanimously on all three counts.

I sought leave to appeal on 5 May 87. The grounds of the appeal were based principally on Michael Saunders deportation. Leave was refused when the application was heard in the full court on 25 March 88.

On 8 June 98, with a new solicitor an application was made to the Criminal Case Review Commission (CCRC), the application was based on fresh evidence, which cast doubt over the authenticity of the two police interviews. The CCRC, investigated the claim and took the decision on 5 June 2000, that the evidence raised sufficient doubts and referred the case back to the Court of Appeal.

The Court of Appeal refused the application on 19 March 2002. Steps were taken to appeal to the House of Lords however proceedings were abandoned on 14, October 2003.

So 30, July 86 - Central Criminal Court - convicted of assault, found not guilty of threat to kill, jury unable to decide on three rape charges, judge ordered a retrial.

9, December 86 - Southwark Crown Court - convicted of rape 3 counts.

5, May 87, - Court of Appeal (Criminal Division) - leave to appeal refused by a single judge.

25, March 88, - Full Court of Appeal (Criminal Division) - leave to appeal refused.

5, June 2000 - CCRC - granted referral back to the Court of Appeal.

19, March 2002 - Court of Appeal (Criminal Division) -leave to appeal refused.

Forensic Handwriting Document Examiners: Robert W Radley, who completed an ESDA test on 10 & 11 January on the (fabricated statements) stated that the outcome was, that the starting time seemed to be the same as the completion time. That numerous pages have been rewritten. And some further pages had been rewritten from the rewritten pages.

Linguistic Professor, Nixon completed numerous tests on 6 January 86, on the statement which I made and the consecutive statements produced by the police on 10 & 11 January 86. His findings were, if Mr Hakala made the statement on 6 January 86, then he can't be the same person who made the statements on 10 & 11 January 86.

Mr J Wadsworth QC who today is a Judge of the Crown Court sent me a letter dated 6 August 2002, where he stated not to challenge the honesty of the police.

Mr Dave Parry, Chief Scientist Group the Forensic Science Service, on a letter dated 31 October 2003, indicated they have found tapings now of my case which has been stored away and are of the complainants pants (No Semen Stains) and they could not find my DNA on the complainants items.

The police took almost 30 different items to the Forensic Science Service for forensic testing but FSS could not find any criminating evidence against me.

As soon as the two detectives DC Robert Hollingsworth and DI Peter Shepperdson were informed about the ESDA test their story again changed. Also note the record page was written before the front page. Hollingsworth stated, "It was common practice to pre-head the front page".

This is nonsense it is against all instructions and would not be common practice. Hollingsworth stated, "Notes were passed as an aid memoire". But where are these original notes? Police are instructed that all notes must be retained.

Shepperdson stated that all notes were offered to Hakala for examination and signature. He stated that he did not read the notes to Hakala who had declined to sign. By stating "I handed the notes to Hakala" it must be the case that I took hold of the notes according to the police otherwise he would state Hakala refused to accept or read the notes. Therefore my fingerprints and DNA will be present on the documents. The original documents i.e. all three interviews should be provided for testing for the following reasons.

I accept that I was handed the first interview and read it. Therefore common sense dictates they will contain my DNA and fingerprints, but I will state that interview 2 and 3 were fabricated and that I had never been present or had ever been handed the notes to read as stated by Shepperdson.

Therefore if I am telling the truth no DNA or fingerprints of mine will be present by carrying out their tests and it will confirm once and for all whether the two police officers are telling the truth or if in fact they committed perjury and conspired together to pervert the course of justice.

There have been numerous wrongful convictions in the past and this is not the first and will not be the last miscarriage of justice. In response to public concern about wrongful conviction the Government has stated they have an absolute determination to acquit the innocent, yet this is a promise that they cannot fulfil.

Public awareness should be raised of wrongful convictions. Also experienced groups with representation from academic campaign oranisations and criminal appeal lawyers should undertake research that identify the causes of wrongful convictions that effects legal reform of the criminal justice system.

Its contribution to the resolution of wrongful convictions as this case will primarily be its work to undertake and deploy evidence based research into both the causes of and the provisions that exist to remedy wrongful convictions.

This could also educate future lawyers in how wrongful convictions like mine occur and how to overturn them, by developing their skills of investigation and fostering an in dept understanding of appellate procedure. This wrongful conviction should also inject some scepticism into future lawyers. Open their eyes to the realities of criminal procedures.

Let's surface total truth and find justice for Peter Hakala.

You can contact Peter at,
L44089
B Wing HMP
5, Love Lane,
Wakefield WF2 9AG
England.


By Peter Hakala 3 February 05

Wednesday, February 2, 2005

Triumph of the Stonefish

The John HoWARd stonefish - a sluggish and rather stupid predator with neither flair nor dash; it waits for its prey to come to it and then kills by treachery.

On 9 October 2004, 13,098,461 electors were enrolled to vote for the federal parliament. The Australian Electoral Commission's website records 11,715,132 electors having voted for the House of Representatives on a two-party preferred result. So much for voting in a federal election having been compulsory since 1911. And not a few will have left the polling booth wondering, 'Why bother?'


Run Johnny, Run is Mungo MacCallum's personal account of the 2004 election. A Win and a Prayer is the latest in the UNSW Press's 'Briefings', 'a series of topical books exploring social politics and cultural issues in contemporary Australia'.

For those of us who grew up with Nation Review and MacCallum's ironic, humorous, partisan and occasionally vicious style, his political views come as little surprise. To MacCallum. The Hon John Winston Howard MP, prime minister of Australia since 11 March 1996, has various nick-names 'many of them scatological, a number pertaining to body orifices, others involving the lower genera of the animal kingdom, some ironic and a few merely insulting', But the nickname that most appeals is 'the Stonefish':

It captures the essence of the man, both in his lack of personal appeal; and his success as a politician. The stonefish is a sluggish and rather stupid predator with neither flair nor dash; it waits for its prey to come to it and then kills by treachery. And, time after time, it gets away with it. The secret, of course, is in its appearance; as the name implies it resembles a rock resting in the sand of the sea bed, totally harmless and ordinary, even boring. But behind the innocuous disguise is one of the most poisonous and lethal creatures on earth. The trouble is that by the time the victim realises the trouble he's in, it's too late, he is already at best stupidified and at wost beyond help.

For MacCallum, the prime minister, posing always as a modest conservative, has dealt destruction to the Australian tradition on an extraordinary scale, transforming the country in less than a decade from an open and generous nation, tolerant and optimistic in its role as a respected member of the world community, into a selfish and timid appendage of a crusading superpower caught up in the superstition of Armageddon and apparently quite happy to cooperate in bringing it about.

In the process the public service has been drained of its independence, the judiciary seriously undermined, the national parliament reduced to a farce and the office of the prime minister, once regarded as no more than the first among equals, turned into an unaccountable commissariat ruling by absolute fiat.

In much of the devastation Howard has been aided by a cowed and incompetent political opposition and some smug an acquiescent media. But this does not excuse or explain the way the Australian public, notoriously disrespectful of politicians as a class and sceptical about both their warnings and their promises, has continually returned him to power.

The alternative may not have been madly attractive, but surely it has had more offer than the dishonesty, the meanness, the divisiveness and the simple nastiness of the Howard regime.

MacCallum's thesis is simple. The electorate has consistently fallen for the oldest trick of all, the naked appeal of those most basic of emotions fear and greed.

The goal of the entire electoral process, indeed of Australian democracy itself, has 'become the re-election of John Howard. Nothing else mattered. The Stonefish rules.'

For MacCallum, Howard does not deserve to be prime minister, yet he has extraordinary political survival skills. Howard is now the longest-serving prime minister after Robert Menzies; he achieved a 1.79 per cent swing to the Liberal-National Coalition in the recent House of Represen-tatives election, when many thought he was past his use-by-date. He will be remembered for more than advertising Vodafone when out on his morning walk.

MacCallum is no Theodore White, author of The Making of the President series, but the analogy may not be too fanciful, Nor does he offer self-indulgent reflections in the style of Bob Ellis's Night Thoughts in Time of War (2004) or, Margot Kingston's Not Happy, John! (2004). MacCallum is irreverent, at times downright rude, and he seems to have spent a significant proportion of the election period debating the key issues with his mates in the front bar of the Billinudgel Hotel in the north of Byron Shire. But he is also an extraordinary well-informed, politically astute, witty, passionate man.

Love him or hate him (and there are probably very few political groupies standing in the middle of this debate), MacCallum's Run, Johnny, Run is one of the best books on Australian politics and society to appear in a long time.

A Win and a Prayer: Scenes from the 2004 Australian Election is a totally different publication. No laughter here, no scatological jokes, although the chapter on the farce of 'The Battle for Wentworth' cannot but make the reader smile. But can the media please stop referring to the three main candidates -- Peter King, Malcolm Turnbull and David Patch -- as all being barristers, Turnbull is not a barrister.

These short essays include ' The Dog That Didn't Bark', in which Geoffrey Barker makes the disheartening observation that 'Australians are easily distracted from security issues during election campaigns by politicians hurling fistfuls of dollars and shouting "Trust us!".

Equally worrying is Peter Mare's 'Unfinished Business', a sad account of a hard-working group of refugees from Afghanistan harvesting fruit and vegetables in the Victorian Mallee region and of the supportive local federal member, John Forrest, the National Party whip, who has received letters from constituents telling him that he was not representing their interests and calling him 'a mad loony lefty', and worse. Further north, in the marginal Queensland seat of Hinkler, where One Nation pulled in almost a fifth of the vote in 1998, Labor distributed an election pamphlet during the campaign that decried the 'illegal foreign workers' who were 'stealing Australian jobs'. As Mares points out, this fear-mongering is misplaced, and Labor has failed to appreciate the changes underway in rural and regional Australia.

The last tow essays Brian Costar and Peter Browne's 'How Labor Lost' and Rodney Tiffen's 'The Aftermath: Must Labor Lose?", will surprise many who believe that the surprising swing to the Coalition in the House of Representatives has made many marginal seats 'safe', and that Labor can expect at least two terms in the wilderness. As Costar and Browne argue, the 2004 result 'does not herald the end of the Labor Party; it does not mean the Coalition will rule forever; and it does not rule out a change of government in 2007', The Liberal and National parties lost five consecutive elections between 1983 and 1993. As Tiffen notes, Mark Latham is being blamed by some for the loss, but as Carmen Lawrence has asked, would the train smash have been worse with another leader?

Australia went into the election with a strong economy, low interest rates and a government running scared and throwing money around like a drunken sailor. Those promises (or were they 'non-core' promises?) now have to be met or there will be many disillusioned voters next time round.

Peter Browne and Julian Thomas (eds) A WIN AND A PRAYER: SCENES FROM THE 2004 AUSTRALIAN ELECTION UNSW Press.

Mungo MacCallum
RUN, JOHNNY, RUN

By Philip Selth posted 2 February 05

Australia: a presumption of guilt......
KAREN PERCY: Two of Australia's leading barristers have seized on the return of Guantanamo Bay detainee, Mamdouh Habib, to launch an unprecedented attack on the Federal Attorney General, Philip Ruddock.

Aust Community criticises Govt for 'crimes'!
Australia: The Law Council of Australia is warning that the Federal Government must learn from its mistakes over Guantanamo Bay? Now that's a mistake!

Australian Govt Guilty of Crimes: Community
Australia: The community says federal fascists who allowed the torture of its citizenry including Mamdouh Habib may be arrested when the United Nations War Crimes Tribunal address the War Crimes Indictment set out by the community.

Related:

HoWARd sunk and dead in the water
Since the neo-Liberal fascist's kicked Mark Latham out using the 'power,' and after they stamped on his head to make sure he stayed out, John HoWARd's Coalition and his media empire have maintained its mandate.

PM HoWARd still a great war criminal?
John Howard today becomes Australia's longest serving war criminal, with the latest poll showing he remains the corporate media's firm favourite.

Downer the warmonger sets record for war crimes
Warmonger Foreign Affairs Minister Alexander Downer should have entered the record books after the attack on Iraq as Australia's longest serving war criminal in the portfolio and taken to the Hague for trial.

Warmonger Silent on Nuke Job
Foreign Minister Alexander Downer is refusing to comment on whether he has been approached to replace Mohamed El Baradei as the head of the United Nations' nuclear watchdog.

HoWARd Government intelligence cover-up
The Federal Opposition has described the Government's failure to release the final report into the claims of intelligence failures within the Defence Department as a cover-up.

'Pre-emption' Australia's ASEAN headache
ASEAN leaders pressed HoWARd to rethink his rejection of South-East Asia's non-aggression treaty.

UN panel proposes criteria for legitimate military action
With countries still bitterly divided over the war in Iraq, a high-level panel appointed by the United Nations has recommended a five-step guideline to determine when to use military action.

Govt support for uranium enrichment research alarms Greenpeace
Greenpeace has called on the Federal Government to end its support for research on uranium enrichment carried out by a private company at the Lucas Heights facility in Sydney.

US may trial dumb bombs in Australia? How smart is that?
The United States looks set to test new generation weapons, including dumb bombs, in Australia within three years?

Australia must not be subservient to US military objectives
In a speech to the Senate last night, Senator Bartlett said that the Democrats support the US-Australia alliance, the ANZUS Treaty and appropriate defence and intelligence cooperation but not subservience.

Australian leaders congratulate Bush? Shit!
War criminal John HoWARd congratulates co-offender George Dubya Bush. HoWARd can relate to that because George Dubya is his co-offender in the illegal and degrading war on Iraq and especially now after the killings in Fallujah!

Boycott companies profiting from war: peace activist
Boycott call: Roy says companies profiting from the Iraq war should be shut down. She says a group of rich nations falsely accused an impoverished Iraq of possessing powerful weapons as a pretext for invading the country to further their own economic interests.

Sydney Peace Prize winner urges Iraqi resistance!!!!!!
"One wasn't urging them to join the Medhi army [in Iraq] but to become the resistance, to become part of what ought to be a non-violent resistance against a very violent occupation," she said.

Iraqi civilian deaths put at 100,000
Tens of thousands of Iraqis have been killed in violence since the US-led invasion last year, according to public health experts who estimate there were 100,000 "excess deaths" in 18 months.

Downer floats media tip-off scenario in Baghdad blast
US Foreigner Alexander Downer says he is investigating whether the media was tipped-off ahead of yesterday's car bomb attack on an Australian military convoy in Iraq.

How Howard Won
This is a small attempt to answer how we have ended up with an increased Liberal majority in government, when they have done so much long term harm to our country.

A Call to Action: re election of John HoWARd?
I am fed up with the political apathy of the majority of Australians and depressed about the outcome of the election. I need to do something about it. Does anyone want to help me.

Govt eyes control of Senate
Prime Minister John Howard "the rodent type" has begun his fourth term in office with a quiet day in Sydney after the Coalition's victory in the federal election.

Nothing will save us from gullibility and greedy self-interest
A small book turned up last week entitled How to Kill a Country. It was written by three Sydney academics about our "free trade" deal with the United States.

HOWARD NO REMORSE!
Australian caretaker Prime Minister John Howard 'a rodent type' does not need to apologise for the illegal and degrading war in Iraq despite a new report that has found Saddam Hussein did not have weapons of mass destruction at the time of the US-led invasion.

Allies 'planned' Iraq war despite denials
The United States, Australia and Britain started to plan the invasion of Iraq months before the conflict, according to a report Wednesday quoting a leaked Pentagon document.

Hill primed for war!
Australian Caretaker Defence Minister Robert Hill has announced a multi-million dollar upgrade of the Pearce Air Force base in Western Australia. Hill says $87 million would be spent on a major upgrade of the base, which is Australia's main flying training facility.

Annan tells world leaders to respect law
United Nations (UN) secretary-general Kofi Annan has made an impassioned plea to bring about the rule of law across the globe today. Mr Annan told world leaders to respect international law at home and abroad.

CO-OFFENDERS DO NOT REBUFF UN ON 'ILLEGAL WAR'
The 'coalition of the killing's' complicities - the US, Britain and Australia - have insisted that their countries' military action in Iraq was legal after they have committed war crimes against humanity.

Iraq war illegal, says Annan
United Nations secretary-general Kofi Annan says the United States decision to invade Iraq in March 2003 was "illegal". Australia was a key supporter of the war on Iraq and sent troops to join the United States-led invasion last year.

Australia will not Save Your Soul
The Federal Government will not Save Australian Soul's? Even if you're an innocent bystander caught up in it. Despite a group claiming to have kidnapped two Australian security guards? The alleged group, which allegedly calls itself the Horror Brigades of the Islamic Secret Army, allegedly has given the Prime Minister John Howard 24 hours to end Australia's involvement in Iraq.

Apologise to children abused in care: report
A Senate report on children placed in institutional care has called for the Federal Government to apologise to those who were harmed by their experience.

Australian Govt human rights record 'worsening'
Community groups have given the Federal Government five out of ten for its record on human rights this year. Mr Purcell said the Government was also marked down because of the policy of holding children in immigration detention centres.

Australian Federal Government complicity in war crimes
Complaint to Australian law officers about Australian Federal Government complicity in war crimes.

Australia an unfair nation, say young and all!
Young people and older people think Australia is undemocratic and unfair. Young people cite their teachers as having the greatest influence on their political thinking, according to a provocative new national survey funded by the Government. Older people cite "injustice" amongst other things as a "bent legal system" favouring hi profiled superstars, corporations and politicians.

Downer guilty!
The agreement for going to war on Iraq carried with it and incentive and that was free trade with the US. The Howard Government knew about it and went along with it with the US under the guise of Iraq's WMDs. In criminal law this is commonly know as collusion to commit a crime.

John Howard blameworthy
General Peter Gration is the spokesman for a group of 43 ex-military leaders, diplomats and departmental heads who have criticised the Government, saying involvement in Iraq has put Australia at greater risk of a terrorist attack.

Court reserves decision on 'no war' protest appeal
Two men have asked the Court of Criminal Appeal to accept that they painted "NO WAR" on the Sydney Opera House, to defend people in Iraq and Australia from war.

PM's Fox Defence? Less the evidence?
The Fox went out on a chilly night. He prayed for the moon to give him light. For he had many a mile to go that night....

Australians to be sacrificed: Howard
Howard vowed hostages wouldn't sway policy? The Federal Government say they would not negotiate with terrorists if an Australian were taken hostage in Iraq.

PM Howard Morally Bankrupt
Prime Minister John Howard insists the war in Iraq was justified despite his British counterpart Tony Blair's concession that weapons of mass destruction might never be found.

Howard 'should be tried for war crimes'
Former Liberal Party federal president John Valder says Prime Minister John Howard should be tried and punished for war crimes over Australia's involvement in the Iraq conflict.

Troop deployment not a deepening of effort: Hill
Deploying an extra 30 troops to Iraq was not a deepening of Australia's involvement because they were being sent to protect those already there, Defence Minister Robert Hill said yesterday.

War on terrorism' could take a generation: Downer?
Foreign Affairs Minister Alexander Downer has launched the Government's terrorism white paper, saying the "war" could take a generation.

JUDGEMENT: HOWARD'S WAR CRIMES
Howard Vs Regina in Canberra the Capital Territory of Australia- Friday January 30 2004.

'FACTOPHOBIA' HOWARD, BLAIR AND BUSH

Well think about this! Australia's intelligence agencies look set to receive a substantial funding boost in this year's Federal Budget, with the Prime Minister saying it is an obvious step to take.

Howard, where's your head at?
Australians living on the edge! Seems each time the bombs go off overseas Australians are living on the edge.

Should John Howard be locked up indefinitely?
Australian convicted mock terrorist John Howard is seriously considering appealing the precise time limit on detaining terrorist suspects.

Daily Terror rolled-over for Howard's war games
The DAILY TERROR is suspected of being the source of the news this morning that Willie Brigitte is a terrorist and that Sydney faces a bomb attack.