Military lawyers await probe on DNA tampering

Cases are likely to include area troops

US: Local military defense lawyers are eager to learn how many crime-lab tests being examined for evidence of tampering involve sailors and Marines from bases in San Diego County.

The Army's Criminal Investigation Command said nearly 500 forensic test results from all services dating back 10 years are under review after one of its examiners allegedly faked results. About 119 of those cases pertain to the Navy and Marine Corps.

Defense analysts said this is one of the military's largest cases of alleged DNA evidence tampering.

An Army lab at Fort Gillem, Ga., does forensic testing for all branches of the military.

It is almost certain that some of the cases being scrutinized are from San Diego County, the defense lawyers said.

Camp Pendleton ranks first or second in the Marine Corps for courts-martial, said attorney Jane Siegel, a retired Marine judge who now works as a military defense lawyer in North County.

Siegel also said it is likely that the lab evidence played a key role "because DNA testing has a shock-and-awe effect on juries and is usually only used in serious cases."

Lab-testing issues strike at the credibility of the military justice system and could cause "huge problems" depending on how many - if any - falsified cases are found, said defense attorney David M. Brahms, a former Marine brigadier general and top lawyer in the Marine Corps.

"I don't know how the government could not overturn those cases (in which evidence was falsified). Remember that the government has the burden of proof," Brahms said. "Another trouble will be if the evidence was used to convince a defendant to plead guilty. The biggest problem cases will be the ones that were tried a long time ago. Memories fade, evidence is lost."

Siegel predicted, "A problem like this is going to be kicking around the courts for a long time."

Broader concerns were raised at the Army lab in June after the examiner admitted to faking a DNA test. Later, investigators discovered a problem with the examiner's testing of serums.

The Army has hired a consultant to review 465 cases that the forensic examiner worked on since 1995 at the Army Criminal Investigation Laboratory at Fort Gillem. The cases - ranging from robbery to murder to rape - include 22 cases in which the examiner gave expert testimony.

The Army informed the Navy and Marine Corps about their 119 cases in August. Spokesmen for bases in San Diego County said they didn't have more specifics.

"We are going above and beyond in our investigation because we've gotta be above reproach," said Chris Grey, spokesman for the Army Criminal Investigation Command.

Grey said the Army has asked the Inspector General's Office of the Defense Department to conduct an independent review of the investigation.

An audit by the North Carolina Bureau of Investigation concluded that the Fort Gillem forensic lab met all minimum criteria for a DNA lab, Grey said.

By Rick Rogers posted 25 November 05

Related:

Corrupt police planting DNA evidence at crime scenes
Others have raised concerns about corrupt police planting DNA evidence at crime scenes.

The ABC for good or evil?
He had a suspect that he wanted to find guilty based on the chances of a spouse killing a spouse which were greater in anycase, at least more likely than that of a stranger.

First Grabs To Control Our DNA
A small company in Australia has been subjected to gross denials of rights after DNA database technology was stolen from it's company. This one year saga has spawned them to form a new approach to projects of importance to all people.

Worries over DNA and racial profiling
UK: Black men are four times more likely than White men to be on the national DNA database and there is growing concern about racial profiling in criminal investigations.

Lab's Errors Force Review of 150 Virginia DNA Cases
US: WASHINGTON, - A sharply critical independent audit found that Virginia's nationally recognized central crime laboratory had botched DNA tests in a leading capital murder case. The findings prompted Gov. Mark Warner to order a review of the lab's handling of testing in 150 other cases as well.

Witch-hunt targets scientists
QLD: SCIENTISTS at the John Tonge Centre are being threatened with jail in the wake of a government hunt for the source of leaks highlighting serious problems in the forensic laboratories.

Fresh swipe at DNA labs
Scientist Kris Bentley, whose departure yesterday follows that of forensic biologist Deanna Belzer after concerns about "inaccurate" DNA results and unvalidated equipment, issued a scathing resignation letter leaked to The Courier-Mail.

DNA leads 'CSI' cold-case squad to first arrest?
Frozen case? I don't really know what to say about them until they come up with their case. They say it involves DNA evidence but that's the only stuff we know.

Criminal's DNA filed under relative's name
The New South Wales Opposition is calling for an investigation into claims that police have entered DNA data for serious offenders under incorrect names.

DNA fingerprinting 'no longer foolproof'...
The genetic profiles held by police for criminal investigations are not sophisticated enough to prevent false identifications, according to the father of DNA fingerprinting.

THE BUTLER DIDN'T DO IT!
PROFESSOR BARRY BOETTCHER: Now, there should be a law enacted within Queensland so that when cases come up like this they can be brought to attention and if an appropriate authority such as a judge of your Supreme Court considers that it merits further inquiry, an inquiry be ordered.

'Rape' officer clears his name
UK: A former policeman has been cleared of rape after protesting his innocence for 15 years. Judges at the Court of Criminal Appeal in Edinburgh ruled that Brian Kelly, 47, had suffered a miscarriage of justice over crucial DNA evidence.

New unit investigates unsolved deaths?
A new police unit has been established to investigate more than 360 unsolved deaths in New South Wales, with many of the deaths dating back more than 30 years.

Prisoner's bid for review denied
Prisoner Roger Cheney has lost a Supreme Court action to have a judicial review of his 1993 convictions an 30-year jail sentence. Justice Shaw said he was concerned about the prisoner's claim that DNA evidence held by the police could prove his innocence. Although Cheney had requested the results of the DNA tests, he had been denied access to the forensic analysis.

QLD Prisoners DNA Bid THE curious case of Queensland's "cat lady" murder is set to test the state's legal authorities again, with the man convicted of the killing asking the Attorney-General to take the unprecedented step of releasing blood samples for DNA retesting.

Database clears up crimes?
NSW Police Minister John Watkins said at the launch of a Sydney conference of international forensic experts meeting to mark 100 years of fingerprinting in NSW. He said the collection of DNA from prisoners and suspects in NSW during the past two years had led to more than 5,400 matches on the forensic database.

Fear-mongering over convicts sperm bank donations
Is there a terrorist in your womb? Can your parent's genes label you? Not according to the Danish Health Ministry that said donors did not require a clean record as "there is no evidence that a tendency towards criminal behaviour can be inherited".

A Question of Innocence
Katrina Bolton: The promise of DNA freeing the innocent as well as convicting the guilty has been repeated by politicians across Australia, usually while DNA laws are being expanded. The promise was made as a national DNA database, ‘Crimtrac’ was created, and it was made as NSW introduced legislation giving unprecedented powers to take DNA samples from prisoners, by force if necessary.

Weak Carr Government suspends Innocence Panel
It's a callous disregard for justice! The panel takes applications from convicted prisoners for DNA evidence to be analysed a move that may help in a future court appeal.

JUST BEAT IT! Govt lauds crime-solving technology?
The New South Wales Government says advances in crime solving technology are helping the progress of hundreds of police investigations.

DNA testing causes debate in murder case
The use of voluntary DNA testing in the investigation of a murder case in New South Wales has been applauded by victim support groups who are ill informed about the process said Justice Action's spokesperson Gregory Kable.

Abolition of double jeopardy law a political stunt: NSW Opp
Why draconian laws? What about the re-trial by media that goes along with it? Twice shy?

ARE YOU INNOCENT?
The NSW government has finally appointed somebody (Justice John Nader) to head up its Innocence Panel and has produced leaflets and forms for people convicted of serious crimes (eg murder) to apply for DNA testing if they believe it may help prove their innocence. You can get the info by phoning 1300 881 717 or writing to the panel at GPO Box 45 Sydney NSW 2001.

Is the Westminster System flawed?
Most people would say Lady Di got the boot and NSW has so much trouble getting the Innocence Panel moving. I said hey, what's going on!

Murder charge first for DNA data bank link, but not the same as solving the murder Mass DNA testing of prisoners has led to the first NSW case of a person being charged with a previously unsolved murder as a result of a controversial gene-matching data bank. The Herald reported 25 Nov 02 "a DNA saliva swab led to the charging of a former prisoner with the bashing murder of a woman. Police had been unable to find any witnesses or suspects following the murder in Sydney's inner city two years ago. Detectives had admitted they faced a tough job finding the killer."

Prisoners can prove innocence for $20
Les Kennedy Daily Telegraph reported today that" Prisoners who believe that DNA will prove they were wrongly convicted will have the chance to prove their innocence for a mere $20 administration fee. The move comes 20 months after NSW inmates were asked to provide DNA for comparison with a databank of DNA from unsolved crime scenes for possible convictions.

DNA yours or mine?
Now they have isolated two genes that they say tells you if you're more likely to be depressed. What does that mean? It could mean that you should stay in jail because you are more likely than not to continue your offending behaviour according to a Department of Corrective Services Forensic Psychiatrist.

DNA = Do Not Assume - DNA Controversies!
The national DNA database of all known offenders proposed by Prime Minister Tony Blair could mean that innocent people will be accused of crimes they did not commit.

DNA Evidence of Bipartisanship
Last week the U.S. Congress passed the Justice for All Act, which includes provisions of the Innocence Protection Act. As of this posting, the legislation has not yet been signed by President Bush. Attached is an analysis of the legislation prepared by the Justice Project.

DNA - A Shadow of Doubt
One case points to misinterpretation of evidence that helped put a man behind bars. The other shows just how easy it is to plant falsely incriminating DNA evidence. As our forensic techniques become ever more sensitive, so the possibility of abuse continues to grow.

Murder charge first for DNA data bank link, but not the same as solving the murder Mass DNA testing of prisoners has led to the first NSW case of a person being charged with a previously unsolved murder as a result of a controversial gene-matching data bank. The Herald reported 25 Nov 02 "a DNA saliva swab led to the charging of a former prisoner with the bashing murder of a woman. Police had been unable to find any witnesses or suspects following the murder in Sydney's inner city two years ago. Detectives had admitted they faced a tough job finding the killer."

Police 'had role in' Bali blasts

INDONESIAN [politicians,] police or military officers may have played a role in the 2002 Bali bombing, the country's former president, Abdurrahman Wahid has said.

In an interview with SBS's Dateline program, on the third anniversary of the [CIA false flag] bombing that killed 202 people, Mr Wahid says he has grave concerns about links between Indonesian authorities and terrorist groups. [CIA - Coalition of the Killing - NATO.]

While he believed terrorists were involved in planting one of the Kuta night club bombs, the second, which destroyed Bali's SariClub, had been organised by authorities.

Asked who he thought planted the second bomb, Mr Wahid said: "Maybe the police ... or the armed forces."

"The orders to do this or that came from within our armed forces, not from the fundamentalist people," he says.

The program also claims a key figure behind the formation of terror group Jemaah Islamiah was an Indonesian spy.

Former terrorist Umar Abduh, who is now a researcher and writer, told Dateline Indonesian authorities had a hand in many terror groups. [Or were complicit in State Terror for whoever but not for a song. How about and Australian grant of say $48 Million]

Indonesian Election: Australia $48 Million?

The threat from terror groups and failed states means Australia needs a high-tech, rapid deployment defence force, the defence minister says.

"There is not a single Islamic group either in the movement or the political groups that is not controlled by (Indonesian) intelligence," he said.

He says Hasbi was a secret agent for Indonesia's military intelligence while at the same time a key player in creating JI.

Embrace nuclear weapons: The Un-Australian?

[Bambang: "What should I say about JI?" Advisor: "better not admit that JI exist' s"... Bambang in English: "We have no evidence that JI exists..." Posted by: Terminator at December 2, 2004 04:50 PM]

Documents cited by SBS showed the Indonesian chief of military intelligence in 1990 authorised Hasbi to undertake a "special job".

A 1995 internal memo from the military intelligence headquarters in Jakarta included a request to use "Brother Fauzi Hasbi" to spy on Acehnese separatists in Indonesia, Malaysia and Sweden.

And a 2002 document assigned Hasbi the job of special agent for BIN, the Indonesian national intelligence agency.

Security analyst John Mempi told SBS that Hasbi, who was also known as Abu Jihad, had played a key role in JI in its early years.

"The first Jemaah Islamiah congress in Bogor was facilitated by Abu Jihad, after Abu Bakar Bashir returned from Malaysia," Mr Mempi said.

"We can see that Abu Jihad played an important role. He was later found to be an intelligence agent. So an intelligence agent has been facilitating the radical Islamic movement."

Hasbi was disembowelled in a mysterious murder in 2003 after he was exposed as a military agent and his son Lamkaruna Putra died in a plane crash last month.

Another convicted terrorist, Timsar Zubil, who set off three bombs in Sumatra in 1978, told the program intelligence agents had given his group a provocative name - Komando Jihad - and encouraged members to commit illegal acts.

"We may have deliberately been allowed to grow," he said.

Abduh also told the program his terrorist organisation, the Imron Movement, was incited to a range of violent action in the 1980s when the Indonesian military told the group that the assassination of several Muslim clerics was imminent.

Another [alleged] terrorism expert, George Aditjondro, said a bombing in May this year that killed 23 people in the Christian village of Tentena, in central Sulawesi, had been organised by senior military and police officers.

"This is a strategy of depopulating an area and when an area has been depopulated - both becoming refugees or becoming paramilitary fighters - then that is the time when they can invest their money in major resource exploitation there," he said.

By Dateline and I Told You So posted 14 October 05

Inside Indonesia's War on Terror

Don't say we didn't tell you so: very damming reports on TNI and POLRI in involvement in terrorism. Today - as you would almost certainly know - is the third anniversary of the first Bali bombing and our major report tonight provides an alarming twist to the ongoing terror campaign being waged in Indonesia. David O'Shea, a long-time "Indonesia-watcher", reports that where terrorism is concerned in that country - with its culture of corruption within the military, the police, the intelligence services and politics itself - all is never quite what it seems.

Related:

Embrace nuclear weapons: The Un-Australian?
The Un-Australian newspaper and its political leader john hoWARd have outlined terrorist justification for [false flag] terror attacks in Bali, London and New York and urged neo-liberals and the other 80 per cent of Australians to embrace the 'fear' of nuclear weapons in an article today headed :Embrace nuclear weapons: Bashir.

Daily Telegraph: Mercy for murderers
AUSTRALIA: THESE are the faces of the injured children in the illegal and degrading war on Iraq and Afghanistan - faces that the Australian government chose to forget.

Bin Laden my target, then where has he bin?
A 'prisoner' has allegedly told Indonesian police that OSAMA bin Laden, sent a bundle of 'Australian dollars' to fund last year's bombing of the Australian embassy in Jakarta, but OSAMA gets blamed for everything!

It's just not cricket: Khan
The perception in the West remained that somehow Islam was connected to militarism and terrorism, that all Muslims believe that all suicide bombers go straight to heaven. No one mentioned that before [false flag operations of] 9/11 70 per cent of suicide bombings in the world were committed by the Tamil Tigers in Sri Lanka, who were Hindus.

Zarqawi: Everywhere and nowhere
AMMAN, Jordan - A remarkable proportion of the violence taking place in Iraq is regularly credited to the Jordanian Ahmad al-Khalayleh, better known as Abu Musab al-Zarqawi, and his al-Qaeda-linked organization in Iraq.

Lashkar-e-Tayiba - Blow Up or Beat Up
Pakistani militant group Lashkar-e-Tayiba has been branded a terrorist organisation by Australia, the US and Pakistan. It's been accused of being part of the al-Qa'ida network and of planning attacks in Australia.

Bashir: All lies
Bashir handed out as a trophy on a silver plate for George Dubya, and John HoWARd? Abu Bakar Bashir is a Preacher and a Teacher and not a terrorist leader as pro-government media are broadcasting.

INDONESIA: US to resume military ties
In the boldest statement on the subject to date, US Secretary of State Condoleezza Rice has signalled that the US is ready to restore full military training ties with the Indonesian military (TNI). But the announcement coincides with new evidence of the TNI's involvement in the murder of two US nationals in 2002 and what is being dubbed the "biggest timber heist ever".

CIA informer tells court of Bashir's visits?
The key witness in the trial of Indonesian teacher and cleric Abu Bakar Bashir has told a Jakarta court that Bashir once inspected graduating troops at a terrorist training camp?

Sept 11 US false flag operation poses $130,000 challenge
A millionaire activist who believes the September 11 terrorist attacks in 2001 were and "inside job" is offering a $130,000 reward to anyone who can prove him wrong.

100's of thousands of Aussies cancel holidays in Indonesia?
Australians are being warned to avoid international hotels in Indonesia, particularly the Hilton chain, with intelligence pointing to an imminent terrorist attack. Australia's ambassador to Indonesia, David Ritchie, delivered the travel advice to the Hilton chain within minutes of its release yesterday.

Fool me twice 1-20 -Official release (BALI BOMBINGS/ETimor) Exposing the Australian government's lies about the East Timor massacres, the cover-up of the Bali bombings (including '93 WTC attack) and subsequent anti-terror legislation forced through parliament.

The Truth About Bali Bombings Part 1 REMIX Part One + Two: Que Bono. Who Benefited? The Bali Bombings were a direct US-Israeli response to the growing Peace marches and Anti War Movement in Australia that was ballooning at an alarming rate after 9-11 and after Bush announced he was waging illegal invasions. It also very quickly secured Indonesia's and Australia's subservience to the US and cemented involvement in the US led War on Terror, and subsequent illegal invasions of Iraq and Afghanistan.

Part TWO: Who really Benefited from the Bali Bombings?

PART THREE: The Investigation(s) Or lack thereof The Primary man at the centre of the Bali investigations got warned off the scent by US Ambassador to Indonesia..

Part 4: The Truth About Bali Bombings Eye witness Testimony and memorial dedication..

Indonesian police set-up Jakarta man?
"Who would blow themselves up when there is no war? Who would give up their life for no struggle? The CIA would! Why? Because the CIA are at war with the world, and they aim to cause terror and slam the Iron fist of fear into the community in the Asian pacific region."

See Links History From 2002:

AFP: The unlikely CRIMINAL
It was born of a bombing and it made its name after a far more devastating act of terrorism. But for most of the 25 years in between, little was known about the Australian Federal Police force or the work it did.

SMS was Keelty's first choice: Alleged bomber
Keelty: "It was just days before Australia's embassy was attacked on September 9"? But you couldn't believe SMS could you? If your life depended on it? What about inviting him to you birthday party? Would you believe answering his own SMS text message? Could you trust him with that?

EVERYONES ABC PROPAGANDA?
THE HEADLINE: New Indonesian President flags strengthening anti-terror laws

Liberal PR stunt, behind SMS attack warning
Australian Federal Police (AFP) Commissioner Mick Keelty has revealed information about an SMS message warning of an attack on a western embassy in Indonesia came from an Australian businessman in Jakarta.

Community backs candidate wife's Bali claims
Federal Labor Party candidate Ivan Molloy says he supports the sentiments of his wife, a Queensland state politician, who blames the Liberal Party for the 2002 Bali bombings.

Liberal PR stunt, behind SMS attack warning
Australian Federal Police (AFP) Commissioner Mick Keelty has revealed information about an SMS message warning of an attack on a western embassy in Indonesia came from an Australian businessman in Jakarta.

Howard and Downer to blame for Jakarta bombing: JI?
Alleged JI Members pushed back journalists at the site of a powerful blast outside the Australian embassy in Jakarta. The Federal Government has to be condemned for the bomb attack outside the Australian embassy in Jakarta.

Indonesian Election: Australia $48 Million?
The threat from terror groups and failed states means Australia needs a high-tech, rapid deployment defence force, the defence minister says.

Greens want Flood to front Bali inquiry
Greens Senator Bob Brown wants the author of a key report into Australia's intelligence agencies to appear before a Senate committee examining the Bali bombings.

FLASHBACK: BALI BOMBINGS? HOWARD'S ELECTION CAMPAIGNS?
Indonesian terror warnings on the eve of a federal election are nothing new to Australians. This week's terror campaign by the Howard government and its corporate media allies.

Black market should have been closed to people smugglers
A man charged over a people-smuggling voyage that ended in 350 deaths will face the second day of his committal hearing today.Khaled Daoed is charged with numerous offences over the sinking of the Indonesian fishing boat SIEV X three years ago.

Keelty foresees more terrorism
Australian Federal Police (AFP) Commissioner Mick Keelty says terrorist groups will continue to find new ways to threaten countries.

US to keep military ties with Indonesia. Target Australia?
US President George W Bush says America plans to resume cooperation with Indonesia's armed forces.

The Daily Propaganda Bali bombings could have been worse?
The Australian Federal Police (AFP) Commissioner, Mick Keelty, says the bombs that killed 88 Australians in Bali could have done a lot more damage if they had been built differently.

GI propaganda expert earns $200,000 a year: terror dope
A terrorism dope who is on capitalist drugs says the South-East Asian extremist group Jemaah Islamiah (JI) has raised $200,000 a year from supporters in Australia.

GI propaganda expert earns $200,000 a year: terror dope
A terrorism dope who is on capitalist drugs says the South-East Asian extremist group Jemaah Islamiah (JI) has raised $200,000 a year from supporters in Australia.

US Deputy Sheriff dismisses Indonesian comment that US king of terrorists
Deputy Sheriff to the US Prime Minister John Howard says he does not agree with comments by the Indonesian Vice-President Hamzah Haz that the real terrorist is the United States for attacking Iraq.

Keep the bastards honest: Publicity keeps an eye on ethics?
The Australian Federal Police commissioner says investigations into terrorist links to Australia are being made more difficult by public debate about the progress of inquiries.

GI divided: Australian experts
GI has descended into a disparate collection of cells working at cross-purposes, with deep divisions on strategy and no clear leader except to say the Indonesian Military could be involved, senior Australian counter-propaganda police believe.

GI killers uncovered
GI has cordial flavours ranging from Raspberry all the way down to Tropical Pineapple and a new generation of drinkers have joined the ranks.

Eye for an eye or blind toothless people?
Terrorists ALLEGED by the Daily Terror, 7 August 03, have claimed responsibility for the Jakarta bombing and are alleged to have sent a chilling warning that they will kill more Westerners if Bali bomber Amrozi is sentenced to death today.

Australian Terror cell here long before Bali
The Australian terrorist Captain Cook infiltrated Australia years before the Bali bombings in which 202 people perished. Aboriginal people attempted to remember Captain Cook not as a founding father but as a harbinger of dispossession and death, a sign of white amnesia. Another anniversary year-used to mark two hundred years since Cook had journeyed along the east coast of Australia and, for some people, discovered a continent.

Did the CIA blow up Bali?
In a nation where conspiracy theories and rice are two of life's staples, Indonesians appear to be changing their habits. You can still get rice with your Kentucky Fried, but conspiracy theories easy to find, at least as far as the Bali bombings are concerned.

Australia's Terrorism Wake Up Call [164] The horrific bombings of the Sari Club and Paddy's Bar in Bali, on October 12, 2002, considerably strengthened the hand of the CoW in pursuing the War on Terror. Here was an opportunity to harden the hearts of the Australian and US public against Islamic fundamentalists. It was also a chance for the Indonesian government to justify harsh measures in the war against terrorists and secessionists, such at those in the province of Aceh.

2nd Renaissance -10 The War on Witches [150]
In 1484, Pope Innocent VIII issued a Papal Bull that became the rationale for establishing the Inquisition in Germany. The following excerpt from the Bull sets out the official view of the danger of witches to the community. The Bull and this this passage provided the sole excuse for the torture and cruel executions that were, ultimately, to be the fate of up to fifty percent of the population of some villages.

First strike and you're out!
The ideology of a super loser? John Howard shocks the nation again. A nation who cannot believe Howard's stupidity following the Bali bombing. The Bali bombing which was in direct retaliation for his previous remarks towards a first strike on Iraq.

Civil and Democratic Islam websites communicating?
THE internet is becoming a virtual forum for people exchanges, with many sites specifically targeting Australia to stop the racial hate followers, and plan to continue to communicate with each other. Fantastic!

GI Strikes again! Plots plots and more plots
GI cordial's foiled plot to flood foreign embassies in Singapore, including the Australian high commission, would have used high sugar levels at the controls of cordial laden truck, a US interrogation of a key GI figure has revealed. The plot, uncovered by Singaporean authorities last December before it was fully planned, originally was intended for missions in Manila, not Singapore. The revelations, obtained by GKCNN through key summaries of the US interrogation of Mohammed Mansour Jabarah, demonstrate the new depth of GI members' commitment to the sugar cause.

Alarm over terror in 'Australia'?
ISLAMIC extremists linked to GI cordial fired weapons and conducted close-quarter combat training in remote forests all over Australia. Paint Bombs were the weapon of choice.

Australian accused of plot to bomb embassies
A spokesperson for Justice Action Mr.Sooth Sayer said " the arrest is most likely connected to the invasion of the mans privacy by the new powers of ASIO. These are extraordinary laws that were invented, using people as pawns to get unprecedented powers to use to lever John Howard's propaganda machine."

Court choices too secretive: judges

Justice G Brennan (left) Justice A Mason (Right)

PRESSURE is on the Howard Government to change the method of appointing High Court judges, with two former chief justices raising concerns about lack of transparency.

Anthony Mason and Gerard Brennan said yesterday there were problems with the appointment system and endorsed calls for debate on how it should be changed.

Sir Anthony, who retired from the High Court in 1995, said the system was not open or transparent. He also urged the Government to reveal whether there had been discussions with new judge Susan Crennan before her appointment this week, and if so, the nature of those discussions.

Attorney-General Philip Ruddock denied the appointment process was conducted in secret. But he declined to say whether there had been any discussions with Justice Crennan before her appointment.

His spokeswoman said Mr Ruddock consulted widely and did not regard it as appropriate to engage in inquisitorial interviews with potential candidates for the position.

"But that is not to say that as he moves around the country he meets with people from all walks of life, including the legal fraternity," she said.

While the spokeswoman declined to say whether discussions had been held with Justice Crennan, she said Mr Ruddock did not regard it as appropriate to "actively seek the views" of High Court candidates.

"It is not a job interview," she said.

Mr Ruddock had earlier said that the consultation process with the states and legal community meant the appointment did not take place behind closed doors.

He asked the legal profession - in particular, state legal societies and their peak body, the Law Council - and state governments to submit a list of worthy candidates before appointing Justice Crennan.

The Law Council said it could not discuss how it compiled its list "because it is secret", a spokeswoman said. The Law Societies of Tasmania, Western Australia and Queensland said they could not divulge the nature of their consultations with the commonwealth.

West Australian Attorney-General Jim McGinty said there had been "token consultations" with the commonwealth and it had nominated Christine Wheeler of the WA Supreme Court for the vacancy.

Sir Anthony said that unless the public were told the nature of any consultations with would-be judges, the "process could not be described as transparent and open".

By Chris Merritt and Elizabeth Colman 22 September 05

Related:

Australian government unveils legal framework for police state
In the lead-up to his September 27 "counter-terrorism summit" with the eight Australian state and territory leaders, Prime Minister John Howard last week unveiled a package of legislation that goes well beyond the already deep inroads made into essential civil liberties under the fraudulent banner of the "war on terrorism..."

Hundreds attempt self-harm in detention
Nearly 900 immigration detainees have tried to harm themselves in the past three years, Immigration Department figures reveal.

What is Happening to Australian Democracy
"Australia nominally has all the right democratic institutions--regular elections, parliamentary sovereignty, ministerial responsibility, an independent judiciary, federalism, a non-partisan and expert public service and a free press.

The clock is ticking: Aboriginal Leaders
Aboriginal leaders say only immediate action will remedy the appalling state of remote communities in the Northern Territory, writes.

Bush, Howard, Blair, Axis of Evil
From bad to worse is the new sub-text slogan for Bush and his administration. Appearing on US media, flanked by Cheney, Rumsfeld and numerous other (wooden) neo-cons, Bush repeated his rehearsed lines - "we are problem solvers".

Australia: Caught in a poverty trap
ONE of the delights of watching a superhero movie, be it of the bat or spider variety, is when the grotesque machinery developed and demonstrated by the hero's foes is turned back on them with typically devastating results.

Worries over DNA and racial profiling

UK: Black men are four times more likely than White men to be on the national DNA database and there is growing concern about racial profiling in criminal investigations.

The police national DNA database (NDNAD), launched in 1995, now contains almost three million profiles. The prospect of everyone providing a DNA profile for the database is unlikely because of concerns put forward by civil liberties groups about such a system undermining the presumption of innocence.

However, recent legislation has made it simpler for the police to input DNA profiles to the database and it is now lawful to retain DNA profiles for the NDNAD from those arrested, even when a person has neither been charged nor convicted.

The over-representation of Black and Minority Ethnic men on the database, which Professor Alec Jeffreys, inventor of the DNA fingerprinting technique, has recently described in the New Scientist as 'highly discriminatory', is increasingly likely to spill over into racialised policing. Currently, 32% of all Black males within the UK are on the database, compared to only 8% of white males. While DNA forensic evidence is often presented as having near-perfect accuracy, in fact there is potential for error and mismatch.

It is common practice for forensic science laboratories to retain samples, although the technology, at present, is limited to a small non-coding portion of the DNA, which does not unveil any information besides the person's identity.

The Forensic Science Service (FSS) claims that it keeps samples to ensure a mistake has not been made in the database. Yet, a researcher at the NDNAD has already confirmed that any retained samples may be subject to full DNA analysis in the future.

This would reveal a person's ethnicity and other personal characteristics. The database is already being used for research projects authorised by the Home Office and the NDNAD; one study is extracting statistical information on ethnicity. The dangers lie not only in using the database as a policing tool but also in its use as a wider ethnicity-profiling tool.

Operation Minstead

Last year, an operation in South London was criticised for its racial bias. According to allegations made to The Voice by Nathaniel Braithwaite, a Black policeman involved in 'Operation Minstead', officers had been ordered by their superiors to stop Black men in South London and ask them to provide DNA samples.

Braithwaite was instructed to stop light-skinned Black men, between the ages of 25 to 40, between 5 foot 8 inches and 6 foot one inch. He was told to ask them to provide a DNA sample to assist with an investigation into a spate of burglaries. This action was taken as part of an ongoing criminal investigation into a series of rapes across south London thought to have all been perpetrated by a Black man, who had come to be nicknamed 'the nightstalker'.

According to Braithwaite, if people objected to giving a voluntary DNA sample, they were to be arrested on suspicion of rape; a compulsory DNA swab could then be taken at the police station. Their DNA would be stored on the national database indefinitely along with those who gave 'voluntary' samples.

An article in the Metropolitan Police's own newspaper, The Job, in December 2003, advised all police officers to support Operation Minstead by taking DNA swabs from even those people arrested who 'may not fit the profile' given in the description of the perpetrator but who still 'give you concern'.

Braithwaite objected to the nature of the DNA swabbing operation and this led to meetings with his superiors. He was subsequently asked to provide a DNA sample himself. After his initial refusal, he consulted the Police Federation, which backed his objection to provide a sample, on the grounds of it being a racially discriminatory policy. However, after discussions with colleagues, Nathaniel Braithwaite reneged and did provide a sample.

In April 2004, investigators decided that all Black officers in the Metropolitan Police should submit DNA samples. Having to provide yet another DNA sample prompted Braithwaite's resignation from the Met. (He is awaiting a tribunal hearing on his case of unfair dismissal and racial discrimination.)

The Braithwaite case drew attention to the discriminatory potential in database creation. But it also revealed the limitations of such large DNA trawls. For Operation Minstead had already provided officers with enough detail about the suspect's physical profile and family origins through ancestral DNA. Yet, after twelve years, no suspect had been discovered.

The fear for individuals, particularly those from Black and Minority Ethnic groups is not just the action of DNA profiling for specific cases, but the misuse of this information when it has been retained. By inputting as many Black and Minority Ethnic people onto the system as possible, the expanding, but unrepresentative, database is poised to form the basis for further ethnicity studies, and remains as a permanent tool for racial profiling.

By Fizza Qureshi posted 23 May 05

Image: The Inconvenient Science of Racial Profiling

What if there were a DNA sample from a crime scene, but no match in any existing database.

DNAPrint: a DNA test that could narrow the range of suspects in a crime by race, height, gender, and eye color

Related:

Lab's Errors Force Review of 150 Virginia DNA Cases
US: WASHINGTON, - A sharply critical independent audit found that Virginia's nationally recognized central crime laboratory had botched DNA tests in a leading capital murder case. The findings prompted Gov. Mark Warner to order a review of the lab's handling of testing in 150 other cases as well.

Witch-hunt targets scientists
QLD: SCIENTISTS at the John Tonge Centre are being threatened with jail in the wake of a government hunt for the source of leaks highlighting serious problems in the forensic laboratories.

Fresh swipe at DNA labs
Scientist Kris Bentley, whose departure yesterday follows that of forensic biologist Deanna Belzer after concerns about "inaccurate" DNA results and unvalidated equipment, issued a scathing resignation letter leaked to The Courier-Mail.

DNA leads 'CSI' cold-case squad to first arrest?
Frozen case? I don't really know what to say about them until they come up with their case. They say it involves DNA evidence but that's the only stuff we know.

Criminal's DNA filed under relative's name
The New South Wales Opposition is calling for an investigation into claims that police have entered DNA data for serious offenders under incorrect names.

DNA fingerprinting 'no longer foolproof'...
The genetic profiles held by police for criminal investigations are not sophisticated enough to prevent false identifications, according to the father of DNA fingerprinting.

THE BUTLER DIDN'T DO IT!
PROFESSOR BARRY BOETTCHER: Now, there should be a law enacted within Queensland so that when cases come up like this they can be brought to attention and if an appropriate authority such as a judge of your Supreme Court considers that it merits further inquiry, an inquiry be ordered.

'Rape' officer clears his name
UK: A former policeman has been cleared of rape after protesting his innocence for 15 years. Judges at the Court of Criminal Appeal in Edinburgh ruled that Brian Kelly, 47, had suffered a miscarriage of justice over crucial DNA evidence.

New unit investigates unsolved deaths?
A new police unit has been established to investigate more than 360 unsolved deaths in New South Wales, with many of the deaths dating back more than 30 years.

Prisoner's bid for review denied
Prisoner Roger Cheney has lost a Supreme Court action to have a judicial review of his 1993 convictions an 30-year jail sentence. Justice Shaw said he was concerned about the prisoner's claim that DNA evidence held by the police could prove his innocence. Although Cheney had requested the results of the DNA tests, he had been denied access to the forensic analysis.

QLD Prisoners DNA Bid THE curious case of Queensland's "cat lady" murder is set to test the state's legal authorities again, with the man convicted of the killing asking the Attorney-General to take the unprecedented step of releasing blood samples for DNA retesting.

Database clears up crimes?
NSW Police Minister John Watkins said at the launch of a Sydney conference of international forensic experts meeting to mark 100 years of fingerprinting in NSW. He said the collection of DNA from prisoners and suspects in NSW during the past two years had led to more than 5,400 matches on the forensic database.

A Question of Innocence
Katrina Bolton: The promise of DNA freeing the innocent as well as convicting the guilty has been repeated by politicians across Australia, usually while DNA laws are being expanded. The promise was made as a national DNA database, ‘Crimtrac’ was created, and it was made as NSW introduced legislation giving unprecedented powers to take DNA samples from prisoners, by force if necessary.

Weak Carr Government suspends Innocence Panel
It's a callous disregard for justice! The panel takes applications from convicted prisoners for DNA evidence to be analysed a move that may help in a future court appeal.

JUST BEAT IT! Govt lauds crime-solving technology?
The New South Wales Government says advances in crime solving technology are helping the progress of hundreds of police investigations.

DNA testing causes debate in murder case
The use of voluntary DNA testing in the investigation of a murder case in New South Wales has been applauded by victim support groups who are ill informed about the process said Justice Action's spokesperson Gregory Kable.

Abolition of double jeopardy law a political stunt: NSW Opp
Why draconian laws? What about the re-trial by media that goes along with it? Twice shy?

ARE YOU INNOCENT?
The NSW government has finally appointed somebody (Justice John Nader) to head up its Innocence Panel and has produced leaflets and forms for people convicted of serious crimes (eg murder) to apply for DNA testing if they believe it may help prove their innocence. You can get the info by phoning 1300 881 717 or writing to the panel at GPO Box 45 Sydney NSW 2001.

Is the Westminster System flawed?
Most people would say Lady Di got the boot and NSW has so much trouble getting the Innocence Panel moving. I said hey, what's going on!

Murder charge first for DNA data bank link, but not the same as solving the murder Mass DNA testing of prisoners has led to the first NSW case of a person being charged with a previously unsolved murder as a result of a controversial gene-matching data bank. The Herald reported 25 Nov 02 "a DNA saliva swab led to the charging of a former prisoner with the bashing murder of a woman. Police had been unable to find any witnesses or suspects following the murder in Sydney's inner city two years ago. Detectives had admitted they faced a tough job finding the killer."

Prisoners can prove innocence for $20
Les Kennedy Daily Telegraph reported today that" Prisoners who believe that DNA will prove they were wrongly convicted will have the chance to prove their innocence for a mere $20 administration fee. The move comes 20 months after NSW inmates were asked to provide DNA for comparison with a databank of DNA from unsolved crime scenes for possible convictions.

DNA yours or mine?
Now they have isolated two genes that they say tells you if you're more likely to be depressed. What does that mean? It could mean that you should stay in jail because you are more likely than not to continue your offending behaviour according to a Department of Corrective Services Forensic Psychiatrist.

DNA = Do Not Assume - DNA Controversies!
The national DNA database of all known offenders proposed by Prime Minister Tony Blair could mean that innocent people will be accused of crimes they did not commit.

DNA Evidence of Bipartisanship
Last week the U.S. Congress passed the Justice for All Act, which includes provisions of the Innocence Protection Act. As of this posting, the legislation has not yet been signed by President Bush. Attached is an analysis of the legislation prepared by the Justice Project.

DNA - A Shadow of Doubt
One case points to misinterpretation of evidence that helped put a man behind bars. The other shows just how easy it is to plant falsely incriminating DNA evidence. As our forensic techniques become ever more sensitive, so the possibility of abuse continues to grow.

Here come de Judge - Time to Leave [266]
There have always been examples of rulings and interpretations that have supported the saying "The law is an ass". This is increasingly the case, because even the best intentioned judges are now facing an avalanche of new technologies and social change. But, it is no good making excuses for the judiciary and continuing to accept their strange interpretations. We must recognise that not only judges but the whole legal system will struggle more and more. In the end the whole system will become a farce. This is the way empires end.

2nd Renaissance -15 The Rabbits And The Wolves [180]
Historically, there have been periods when legal distinctions between animals and humans have been blurred. For instance, in medieval Europe, in the 14th and 15th centuries, numerous trials and executions of animals occurred. One source identifies 34 recorded instances of pigs having been tried and cruelly put to death. Besides pigs; rats, chickens, goats, and bees were similarly tried. Some of the pigs were fully dressed in human clothes at the time they were, inevitably, found guilty. In one case a vicar excommunicated a flock of sparrows that infested his church. All this happened despite the theological stance that animals had no soul, and no morals or conscience. They could not really be guilty of transgressing the Rule of Law.

Death in Custody: Douglas Bruce Scott

We congratulate Ms Letty Scott, her Family and her supporters, of which the writer counts himself and this Association as being, towards their successful twenty year struggle for Justice.

Douglas Bruce Scott was beaten to death by four gaol officers at Berrimah Gaol, Darwin in July 1995. The assault was covered up by Dr. Lee who was the pathologist at that time. Dr. Lee butchered the body of Douglas in an attempt to prevent the truth from coming out.

But the truth is coming out.

Letty was informed that she could have an exhumation of her late husband and a second autopsy performed by her own pathologist, Dr Jorge Paulete Vanell from Brazil, but only if she could pay for it. The Northern Territory Court had no intention of using State Funds to allow the truth to come to light.

Why would they when the State, police, gaol authorities and judiciary have been actively working against that truth since the Douglas' murder.

Through friends who believed in her case, Letty was able to get sufficient funding.

The second autopsy, completed recently, found that Douglas had been tortured to death and had been manually strangled and then hung to make it look like suicide.

The most chilling aspect of this sadistic murder is that the four gaol guards knew that their crime would be covered up by the Northern Territory Government and their friends in the Justice (sic) system.

And it was - for nearly 20 years. Letty and her Family, threatened, abused and accused for those twenty years, by authorities in the Northern Territory, fought on for the memory of her husband.

The road to Justice is still ongoing. Letty must now return to the Northern Territory Supreme Court before Justice Angel and have the original Coronial Inquest overturned and the case re-opened.

The road is still too long and many legal battles must yet be won to allow Justice for at least one Aboriginal Family.

Letty, we salute your heart and your spirit.

Please contact Ray Jackson (02) 9318 0947 or 0418 436 572

By ISJA posted 7 April 05

Related:

Rally to seek fresh Hickey hearings
A community rally calling for the reopening of the inquest into the death of Aboriginal teenager Thomas 'TJ' Hickey will be held at Walgett in northern New South Wales today.

Doomadgee's body released for burial
The body of a man who died in custody on Palm Island last month has been released for burial.

MORE PRISONERS LOCKDOWNS HAVE OFFICERS ON EDGE

NSW POLICE Commissioner Ken Moroney has issued an ultimatum as well, to the lawless youths holding Sydney's streets to ransom?: Learn some respect or face jail?

NSW: Staff shortages are continuing to cripple the day to day running of the state's prisons, with correctional officers worried about their safety from constant prisoner lockdowns.

"inmates at Parklea prison have experienced four straight days of lockdowns in the past week due to staff shortages", says Shadow Justice Minister Andrew- Humpherson.

The situation is even worse at Silverwater's MRRC, (Metropolitan Reman and Reception Centre) where prison officers report inmate lockdowns averaging almost every second day for the last four months.

"Prison officers are telling the Opposition that they fear for their safety as the situation becomes increasingly tense in the system," says Mr Humpherson.

Angry prisoners are being locked away increasingly because of staff shortages.

"It's happening right across the system, more than 170 lockdowns in December and January alone.

"The Carr Government has allowed the prison system to decay to such a state that something is going to give and concerned prison officers are telling us it will be sooner than later.

The prison system is running on overtime.

"The problem is, some prison officers have been working so much overtime that they are now feeling the strain and are refusing to take on more shifts."

"That has meant there are no available officers to replace them and the only option is to lock prisoners in their cells."?

In addition it also means that the prison system in NSW is overcrowded. A spokesman for the NSW Justice Minister, John Hatzistergos, said there were more than 9000 people in NSW jails - a 50 per cent rise since 1995 - and another 18,000 offenders being supervised in the community.

So not only are prisoners locked down for 23 hours a day but they don't get the education, work skills or programs so very necessary for any type of rehabilitation? Some would argue that that was the very reason they were sent to prison.

Most prisoners are sent to prison because they lack social skills so how is locking them up for 23 hours a day going to fix the problem? More likely these prisoners' will be released out on the streets very, very angry men. Then what? You?

Humpherson: "Families with young children are travelling long distances from the country for visitations at prisons such as Parklea, only to be met by a crude sign on the front gate which tells them "there will be no visits allowed".

Recruitment is at a crawl as the Government slashes the Corrective Services budget to pay for other failings.

"The Carr Government is hoping that the "out of sight out of mind" principal will apply to our? (their) prisons and the public won't find out."?

"But that is not the case."

"Disillusioned prison officers will continue to walk out on the system as more than 140 did just last year."

"The prison population will continue to hover around record levels with not even the bare minimum number of prison officers to cover shifts."

"Worst of all, angry prisoners will be released back into the community aware that they were too often locked away from any courses which would help their reparation."

"The Carr Government has been opening shiny new jails with no thought as to how it is adequately gong to staff them."

"The measure of success of the prison system is protecting the community both during and after the offenders do their time."

"To achieve this, rehabilitation has to be the priority and repeated lockdowns increase the likelihood of re-offending." Mr Humpherson said.

At this time recidivism in NSW is around 42 per cent what will it be like 5 years from now?

By Andrew Humpherson MP and Just Us posted 11 March 05

Related:

Tough line on crime fills jails
The tough law-and-order policies of governments around the nation are behind an explosion in the prison population by almost 80 per cent in the past two decades.

LEGAL VISITS AT PARKLEA PRISON
I am a prisoner in NSW and I am currently held in Parklea Prison. I am concerned about what is going on in NSW prisons and this is my story.

Parklea Prison: No calls for six days
The last calls that were made out of Parklea Correctional Complex by my partner, an inmate in remand at Parklea, was on Wednesday 2 February. The phone lines for the inmates have been out of service to this date.

Prison visits in crisis in NSW
The reason I am writing today is to address a difficult situation that my husband and my family are going through. My husband is currently serving a sentence at Lithgow Correctional Centre in NSW.

Prison boom will prove a social bust
Hardened criminals are not filling NSW's prisons - the mentally ill and socially disadvantaged are, writes Eileen Baldry.

The prison system requires assiduous oversight
As NSW Attorney General Bob Debus noted in 1996: "The kinds of complaints which occur in the system may seem trivial to outsiders but in the superheated world of the prison, such issues can produce explosive results."

Crime and Punishment
Mark Findlay argues that the present psychological approach to prison programs is increasing the likelihood of re-offending and the threat to community safety.

Justice Denied In NSW Corrective Services
There used to be a (VJ) or Visiting Justice who would go into the prison and judge any claim or accusation that was made by any prisoner or prison guard. If it were found that a prisoner had offended then punishment was metered out.

Prison guards test positive for drugs
NSW prison visitors banned from using the toilet The visit is only for about one hour and any thing less than that is an insult. If it's proved that a visitor has broken the rules the punishment should apply to them. But collective punishment on all visitors should not be made general when others haven't broken the rules especially if it restricts all visitors from normal human needs like using a toilet.

NSW prison visitors banned from using the toilet
The New South Wales Government has introduced several initiatives to stop contraband getting into prisons they said last Friday. But under the guise of "stricter rules" the department had also introduced banning all visitors including children from using the toilet unless they terminate their visit at any NSW prison after using the toilet.

Watchdogs slaughtered in NSW
On Tuesday the Carr Government reduced transparency and accountability yet again and New South Wales is in danger of becoming entrenched with cronyism and intimidations with the Carr Labor Government that continues to slaughter the watchdogs.

Tough line on crime fills jails

Maitland Prison Cells

The tough law-and-order policies of governments around the nation are behind an explosion in the prison population by almost 80 per cent in the past two decades.

The Australian Institute of Criminology reported yesterday that the number of inmates had risen by an average 5 per cent a year since 1984 - from 86 to 153 per 100,000 people.

The biggest increase has been in remanded prisoners, which rose from 12 to 21 per cent of the 23,555 prisoners in custody on June 30, 2003.

Indigenous Australians remain grossly overrepresented, with a rate of imprisonment 13 times higher than the non-indigenous population - 1710 per 100,000 compared to 124.

Sentences for violent offences such as homicide, assault, sexual assault and robbery also rose.

A spokesman for the NSW Justice Minister, John Hatzistergos, said there were more than 9000 people in NSW jails - a 50 per cent rise since 1995 - and another 18,000 offenders being supervised in the community.

It costs at least $500 million a year to house the inmates and the Government has spent more than $1 billion in expanding prisons and building new jails over the past decade.

By Michael Pelly 4 March 05

Related:

LEGAL VISITS AT PARKLEA PRISON
I am a prisoner in NSW and I am currently held in Parklea Prison. I am concerned about what is going on in NSW prisons and this is my story.

Parklea Prison: No calls for six days
The last calls that were made out of Parklea Correctional Complex by my partner, an inmate in remand at Parklea, was on Wednesday 2 February. The phone lines for the inmates have been out of service to this date.

Prison visits in crisis in NSW
The reason I am writing today is to address a difficult situation that my husband and my family are going through. My husband is currently serving a sentence at Lithgow Correctional Centre in NSW.

Prison boom will prove a social bust
Hardened criminals are not filling NSW's prisons - the mentally ill and socially disadvantaged are, writes Eileen Baldry.

The prison system requires assiduous oversight
As NSW Attorney General Bob Debus noted in 1996: "The kinds of complaints which occur in the system may seem trivial to outsiders but in the superheated world of the prison, such issues can produce explosive results."

Crime and Punishment
Mark Findlay argues that the present psychological approach to prison programs is increasing the likelihood of re-offending and the threat to community safety.

Justice Denied In NSW Corrective Services
There used to be a (VJ) or Visiting Justice who would go into the prison and judge any claim or accusation that was made by any prisoner or prison guard. If it were found that a prisoner had offended then punishment was metered out.

Prison guards test positive for drugs
NSW prison visitors banned from using the toilet The visit is only for about one hour and any thing less than that is an insult. If it's proved that a visitor has broken the rules the punishment should apply to them. But collective punishment on all visitors should not be made general when others haven't broken the rules especially if it restricts all visitors from normal human needs like using a toilet.

NSW prison visitors banned from using the toilet
The New South Wales Government has introduced several initiatives to stop contraband getting into prisons they said last Friday. But under the guise of "stricter rules" the department had also introduced banning all visitors including children from using the toilet unless they terminate their visit at any NSW prison after using the toilet.

Watchdogs slaughtered in NSW
On Tuesday the Carr Government reduced transparency and accountability yet again and New South Wales is in danger of becoming entrenched with cronyism and intimidations with the Carr Labor Government that continues to slaughter the watchdogs.

A family destroyed

Two brothers die suddenly, in separate incidents, in the care of the state. What does such an appalling double tragedy do to those left behind? Laura Smith meets a bereaved sister looking for answers

UK: Patricia Manning's brother Osman Cameron died in the Queen Elizabeth psychiatric hospital in Birmingham two weeks ago, and she has been tormented by what-ifs ever since. What if she had gone to visit him earlier that morning when she found out her college lecture had been cancelled? What if she hadn't stopped to pick up some snacks on the way to the hospital? What if he were still alive?

Osman, who was 45 and didn't work, was found dead in his hospital room on January 24. He had been arrested on January 4 after getting into an argument with a postman outside his home, and taken to the Belgravia police station in Birmingham, where he spent two nights. According to West Midlands police, he was assessed by doctors and social workers and a decision was made to section him under the Mental Health Act. He was transferred to the hospital on January 6. He died 18 days later, three days before he was due to be released.

It is too early to say with any certainty how Osman died, but the preliminary results of a postmortem appear to suggest asphyxia, possibly as a result of an epileptic fit. The inquest, opened at Birmingham coroners' court last month, is due to resume later this month.

It's a terrible tragedy for the family, who argue that Osman was a vulnerable man who suffered from autism and epilepsy and who should never have been in a psychiatric hospital. But for Patricia and her sister Elizabeth Melbourne, Osman's death is a doubly cruel blow.

Just over nine years ago, on December 8 1995, their other brother, Alton Manning, also died in the care of the state, this time in Blakehurst prison in Worcestershire. (Despite their surnames, the two were full brothers.)

The circumstances of Alton's death were rather different. On remand for an alleged violent offence, he was selected by prison guards for a strip search, to which he succumbed without protest. When they ordered him to squat for an anal and genital examination, however, he refused, and a struggle ensued. The inquest into his death heard that Alton was thrown to the floor and held face down while officers held his head and legs. He was taken out of the cell and carried face down along the corridor. Prisoners told the hearing that they saw him being held in a neck hold, a procedure known to be extremely dangerous.

He was then placed face down on the floor (other prisoners stated that they saw officers knock him to the ground). One said that what he saw "frightened the daylights out of him". Officers noticed a pool of blood near Alton's mouth and at this point his body went limp. The officers called for medical help, but continued to restrain him. By the time the nurse arrived, he was dead. He was 33.

A postmortem found that Alton died of asphyxia related to the way he was restrained. He had bruising to the neck and back, blood spots in the eyes, face and neck, blood from the ear and mouth, eight separate injuries to the face, and abrasions to the arms and legs. None of the officers sustained any significant injury, despite claiming he had resisted violently.

In the years that followed Alton Manning's death, his family campaigned tirelessly to bring the prison officers they believed responsible for his death to justice. Buoyed by an unlawful killing verdict at an inquest into his death in 1998, they hoped and believed that a prosecution would follow. None did. The Crown Prosecution Service argued there was "insufficient evidence" to proceed. When court proceedings brought by the family forced the CPS to reconsider in 2002, they again refused. After seven years, the family were forced to concede defeat.

Alton's death affected the Manning family in unimaginable ways. Patricia's father Cleveland, a carpenter, who was in remission from cancer, fell ill on the day of his son's death. Six weeks later he was dead. Her mother Albertha slipped into depression and died in Jamaica in 1998, two weeks into a holiday it had taken the sisters six months to persuade her to take.

"Anyone who knew Alton would say he was a proper gentleman," says Patricia. "Not a hair out of place. You know, like one of those army people? Shiny shoes and everything. My parents died of heartbreak. We were a close family. When my brother died, the shock immobilised the use of my father's legs and he was taken to hospital that day. As far as I'm concerned, the cancer began growing on the same day. My sister and I alternated looking after my mother, trying to encourage her to come on. But there was nothing we could do. She'd lost her husband and her son." She is buried in Jamaica, in the garden of the house where she was born.

She says it was only anger at the way her brother died that kept her going. "It was a traumatic time, to say the least. I think for me and my sister, the adrenaline because of the anger that you felt and because of the physical marks that he had, somehow gave you the strength to cope, even though my family were dropping like flies. We seemed to be able to deal with it."

To lose a second brother, however, one for whom she felt an almost parental responsibility, has proved much harder. Patricia was told that the police were called after Osman got into an argument with a postman outside his flat in Sparkbrook, Birmingham, apparently over the fact that a letter he was expecting had not arrived. She was not told that he had been arrested until two days later, when Osman's social worker got in touch to let them know that he was to be sectioned. She visited him in the hospital as often as she could, and called him when she couldn't.

Patricia talks about her brother, affectionately known as Ossie, with enormous tenderness and pride. In the way a mother would recount the achievements of her child, she lists his triumphs. How he nearly played table tennis for the junior England team. How musical he was, playing the recorder, the guitar and the organ. How intelligent he was, managing to stay on at mainstream school despite his autism. How he tidied friends' gardens to keep himself occupied.

But she knows this wasn't always the way strangers saw him. Intensely shy, Osman found it difficult to make conversation and Patricia admits he could come across as strange. "He was a bit of a loner," she says. "He always carried a big shopper bag with all his things in, his recorder, his books. To some people he probably appeared stupid, slow, thick. He was an easy target and people used to pick on him. People would judge him just on his appearance."

As a result, he was often getting into trouble. Patricia lost count of the number of times he was brought home or taken into custody by police after an argument on a bus or on the street. Whether as a result of his experiences or as a consequence of his condition, he didn't like going into new situations or into areas where people didn't know him.

According to Alan Bicknell of the National Autistic Society, this kind of behaviour is common amongst autists, who tend to have problems relating to and empathising with other people. "Everyone is different, but autism can result in extreme shyness," he says. "There can be problems with communication, with diction and the volume of the voice, which means people can come across as being loud and odd. There can also be problems with flexible thinking - new people and places - and accepting that other people think differently from them. They can find it virtually impossible to read body language."

It is not unusual, he says, for autists to attract the attention of the police. "We see that situation only too often," he says. "The police want a person who has been stopped to show them respect. But someone with autism will avoid eye contact and appear unconcerned. There is no obvious physical disability, so it won't necessarily be obvious to an officer that anything is wrong."

But Patricia believes there was another dimension to the attention Osman attracted, which began after he left school. "It was the 70s, he was black," she says. "He had a lot of problems with the police. Sometimes they'd arrest him, sometimes they put him in a psychiatric hospital, sometimes they wouldn't even arrest him, they'd just bring him home. I'm not saying all of them were bad. There was one that used to come to the house and speak to my mum because he was really concerned about Ossie." It was not until three years ago, after her parents had died and his care fell to her and her sister, that Ossie was diagnosed as autistic.

"When he was diagnosed, everything clicked into place," she says. "It made sense, the routine, the fact that he sometimes didn't understand your reasoning, the fact that he hated change." But his diagnosis didn't always help with the police. "I hate having to bring colour into it," she says. "But I can't help wonder, would the circumstances have been the same if the police had picked up a young, white autistic male who was having an altercation with somebody in the street? Rather than treat him as a criminal, maybe they would have seen him as someone with a problem who needed help."

She is deeply hurt by the release of a statement by West Midlands police immediately after Osman's death which claimed he had been arrested for robbery. The force has since changed the statement, but the inaccuracy was picked up and repeated unquestioningly by local and national media. "I don't know where that came from, because the hospital, the social worker and I were all told it was an altercation," she says.

Osman's death is now the subject of an investigation by West Midlands police, who will produce a report for the Birmingham coroner. The force voluntarily referred the case to the Independent Police Complaints Commission, but it was sent back to them after the IPCC concluded that there were "no identifiable issues of concern" relating to his death.

Of six children born to their parents, only Patricia and her sister Elizabeth, who also lives in Birmingham, survive. Their brother Barrington died aged four of asphyxia related to an asthma attack; another sister was stillborn.

She struggles to explain how it feels to lose two brothers in custody. "People say lightning doesn't strike twice, but look at what has happened to my family. This time was definitely the worst. I couldn't even leave the house. And then having to explain it to the children. I suppose it brought back my feelings about Alton. To lose another family member in those circumstances, it's even harder. It tears families apart. I just want people to discard the stereotypes and know that he is a person. He had nieces and nephews, he loved life, he had a right to life. Ossie was a very loving man who will be missed. Who will be missed terribly."

By Laura Smith posted 10 February 05

· To find out about the National Autistic Society's campaign to raise awareness of the condition among criminal justice professionals, visit The National Autistic Society .

Diagram: Symptoms Chart

Related:

Protesters attack mental health bill
UK: LONDON: The government today faced calls to scrap the draft mental health bill as campaigners opposed to its controversial proposals mounted a rally in London.

Inquest blames jail for overdose death
UK: An inquest jury returned a verdict itemising a catalogue of faults at Styal prison in Cheshire, concluding that the prison's "failure of duty of care" contributed to the death of Sarah Campbell, 18, who took an overdose of tablets on the first day of her three-year sentence.

Put in the way of self-harm in a place intended to protect others
UK: Sarah Campbell, 18, spent the last hours of her life in the segregation unit of Styal prison, Cheshire. "The seg", as those places are referred to, used to be known as "the block", short for punishment block. [ Seg is a bullshit word for Punishment, Solitary Confinement, Torture, Mental Illness, Self-Harm, Human Rights Abuse and that is State Terror.]

Britain 'sliding into police state'
The home secretary, Charles Clarke, is transforming Britain into a police state, one of the country's former leading anti-terrorist police chiefs [false flag police chiefs] said yesterday.

Scandal of society's misfits dumped in jail
Up to 70% of inmates in Britain's jails have mental health disorders. In the first of a three-part series, Nick Davies hears their shocking stories.

UK solitary confinement
UK: Segregation units are prisons within prisons - the places where the most unchecked brutality is meted out to prisoners. In recent years conditions in high security segregation units have deteriorated, and the use of long-term segregation as a control mechanism has increased.

Offenders to be fed vitamins to improve behaviour
UK: offenders are to be given vitamin supplements in an unusual attempt to reduce anti-social behaviour which will test the effect of diet on the brain. The move is controversial, with many in the prison service sceptical that healthy food could make much difference to abused prisoners.

Mentally ill face 'Asbo' measures
UK: People with mental health problems living in the community could be banned from leaving their homes under proposals to reform mental health law, a legal expert has warned.

Inquiry must root out prison racists
UK: It is difficult to imagine a more brutal murder than that of Zahid Mubarek. The 19-year-old was clubbed to death by his cellmate at Feltham Young Offender Institution in the early hours of 21 March 2000. He was due to be released just a few hours later.

Prison suicides soar as jails hire 'babysitters'
UK: Prison officers are being taken off suicide watch and replaced by unqualified 'babysitters' because the system is overwhelmed by an epidemic of self-harm.

Plan to sell off juvenile jails as job lot
UK: The government is to put out to tender all its dedicated juvenile jails that hold children under 18 in a departure in Whitehall's privatisation programme.

Failure to sack 'racist' prison staff condemned
UK: Two prison officers suspended for racism are still on full pay three years after a stash of Nazi memorabilia, neo-fascist literature and Ku Klux Klan-inspired 'nigger-hunting licences' was found in a police raid on their home.

Report slams 'unjust' jailing of women on remand
UK: Six out of 10 women sent to jail while they await trial are acquitted or given a non-custodial sentence, a report published today reveals. Introducing the report, Lady Kennedy QC calls for a complete review of the use of remand and bail for women saying it is "inhumane and unjust".

Concern as UK prison suicides hit record level
UK: More prisoners took their own lives in English jails in August than in any other month since records began, prison reformers said today.

End of years of despair as Holloway closes its doors
But now Holloway prison in north London - where Ruth Ellis, the last woman to be executed in Britain, was hanged in 1955 - has been earmarked for closure, along with several other women's prisons, which have been hit by a spate of suicides.

How detox and self-help brought suicide jail back from the brink
UK: Six suicides in 12 months made Styal jail notorious and the Prisons Ombudsman criticised the prison and its staff for serious failures. But things are changing.

England tops the EU in imprisonment
England and Wales jail more offenders per capita than any other European, Union country, according to new figures.

Belmarsh detainees consider suicide, says freed man
UK: The first of the Muslim detainees released from Belmarsh high security prison after being held on suspicion of terrorism has told the Guardian his fellow prisoners are suffering such severe mental problems that they constantly consider suicide.

Suicides and unrest have soared, admits Home Office
UK:The already overcrowded prison population is set to go on rising and will top 80,000 within the next three years, a senior Home Office civil servant warned yesterday.

Australia

Review of the Mental Health Act 1990

1. We contend that the wording of the objects unnecessarily contrasts civil and other rights with effectiveness of treatment. It does not have to be a matter of balance, and in fact we suggest that real care is consistent with rights, dignity etc. The use of the word "control" (in this Section and throughout the whole Chapter) repeatedly with neither qualification nor mitigation leads to a strong impression that all people with psychiatric disabilities are always in need of 'policing' and restriction. We disagree totally and consider this to give rise to prejudicial attitudes and actions by the public and professionals related to perceptions and assumptions of dangerousness and lack of capacity.

Isolation, psychiatric treatment and prisoner' control
The 2003 NSW Corrections Health Service (now Justice Health) Report on Mental Illness Among NSW Prisoners states that the 12 month prevalence of any psychiatric disorder in prison is 74%, compared to 22% in the general community, and while this includes substance disorder the high rate cannot be attributed to that alone.