Showing posts with label supreme-court. Show all posts
Showing posts with label supreme-court. Show all posts

Monday, October 31, 2005

$145,000 for false arrest in NSW

When the high-profile lawyer Adam Houda was arrested for assaulting a policeman and dragged out of a court he declared: "This is shit, this is shit... he pushed me first."

Five years on, Mr Houda left the NSW Supreme Court with a payout of $145,000, plus interest.

The lawyer - who has represented almost all Sydney's high-profile accused [alleged] terrorists, [scapegoats for the Coalition of the Killings resource wars in the Middle East] including Mamdouh Habib - who was kidnapped and tortured and who successfully sued the state for wrongful arrest, malicious prosecution and false imprisonment.

Witnesses to the tussle had heard insults fly - "deadset dickhead", "idiot", even "pork chop", which one officer apparently called the Muslim lawyer.

Before arresting him for assault, Constable Lance Stebbing had told Mr Houda to "f--- off" in the corridors of Burwood Local Court in 2000. The assault charge was withdrawn and dismissed six months later.

Yesterday Acting Justice Harvey Cooper said in his judgement: "Constable Stebbing well knew that that offence had not been committed and that he was motivated to do so solely out of spite or ill will towards the plaintiff because the plaintiff had stood up to his unjustified, menacing and rude conduct."

The argument began after Constable Stebbing interrupted a conversation between Mr Houda and a police officer and told him to treat her "with respect". Mr Houda told him to "please mind your own business".

"I am comfortably satisfied that Constable Stebbing was enraged that the plaintiff told him to mind his own business and, instead of ending the interlude, he told the plaintiff to f--- off," Acting Justice Cooper said.

Constable Stebbing shoved him repeatedly in the chest, demanding he "get out of my personal space". Mr Houda replied: "Where do you want me to go, you idiot?"

"By this stage the plaintiff, with every justification, thought that Constable Stebbing was crazy," Acting Justice Cooper said.

Mr Houda held his palm up in front of his chest and the officer walked into it, then arrested him.

The judge said the evidence of several police witnesses was "seriously diminished" because they had referred to Constable Stebbing's statement in their own.

Mr Houda was taken to the nearby police station, where one officer allegedly told him: "You are a prisoner now, pork chop."

Outside court yesterday Mr Houda said: "The police abused their powers on the day and brought thuggery to the court and I stood up for my rights."

For more reading on the crap that cops get up to, go to the recently released NSW Ombudsman report. It's as weak as piss, but there are even some things the Ombudsman has to notice.

By Litigant posted 31 October 05

Australia: Cop Watch - Secrecy, Brawling


KEEPING TO ITS POLICY OF SECRECY AT ALL COSTS, police forces around the country disclose little information about their activities unless enquirers force them to do so under freedom of information laws.

Related:

Preventive Detention: A Shield or A Sword?
There is a consensus among educated Australians that Preventive Detention is inimical to the democratic evolution of our country. Many are those who argue that given the standards of our time preventive detention is an unnecessary evil.

What's the Difference Between CHINA and AUSTRALIA?
If John Howard's terror law comes into effect, what is the difference between China, and Australia? No rifle executions? I think it is time to approach the Governor General, to dissolve Parliament on the basis that the present Government is attempting to achieve Dictatorial Powers.

Cracks in terror solidarity
In remarks that are at odds with the Premier, Morris Iemma's determined support for the legislation, Mr Debus said yesterday: "I think I share the concern about the legislation with plenty of other people. I don't query that we need to have very tough responses to the threat of terrorism [actually though, the community do query it because the actual threat of terrorism is coming from the Government] and I don't query that the premiers have signed off on a framework last month.

Australian Prime Meanster 'tells' States?
Prime meanster john hoWARd's original pact with the states seems to have fallen into disarray because his new anti-liberty laws breach human rights obligations and the commonwealth constitution.

Anti-Terrorism Bill details draconian police-state plans
First and foremost, the legislation provides for extensive detention without charge or trial, on the flimsiest of pretexts. With no notice or legal hearing, any person can be thrown into secret "preventative detention" or placed, by a "control order," in isolation under house arrest.

Shoot to kill on the belief of reasonable grounds is a problem
Provisions in relation to use of force in s105.23 raise serious concerns. In particular subsection 105.23(2) specifically contemplates the use of lethal force against a detainee where an AFP member believes on reasonable grounds that this is necessary to protect life or to prevent serious injury to another person.

ASIO laws: Don't be silenced
The secrecy surrounding the proposed national anti-``terror'' legislation stands in stark contrast to previous ASIO and "anti-terror'' laws that have been subject to scrutiny by parliamentary committees and public hearings.

Brisbane Peace Convergence calls on Beattie to reject terror legislation changes The Brisbane Peace Convergence (BPC) are calling on Premier Peter Beattie to reject the Federal governments proposed amendments to anti-terror laws. The BPC consider the changes to pose a threat to fundamental rights in a democratic society, including life, liberty and democratic action.

How's this for sedition?
Edmund Burke, who declared the tyranny of bad laws, was a deep political thinker and a ferocious polemicist. In 1777, he wrote to the Sheriffs of Bristol that the true danger to freedom was when liberty was nibbled away, for expedience, and by parts.

Sydney Morning Herald Poll flawed
Sydney Morning Herald: "According to the latest Herald Poll, about three-quarters of voters think it is OK to lock up suspected terrorists [scapegoats for the Coalition of the Killings resource wars in the Middle East] without charge, put them under house arrest or shackle them with tracking devices."

SHOOT TO KILL MADNESS AND DRACONIAN LAWS
The Howard Government wants to give police executing preventative detention orders the power to shoot to kill. This is shoot to kill madness.

New anti-terror laws and the Muslim community
On 8 September the Prime Minister introduced a 12-point plan outlining new anti-terror laws [draconian laws to bolster support for John Howard's resource wars in the Middle East] in a press release. Two weeks later he went to the Council of Australian Governments meeting with the proposals. They approved the measures by and large.

Secret agents brief Bracks on 'seditious' protest
Australia: Melbourne: Thursday 20 October, 2005: A phalanx of "secret agents" delivered a written briefing to Premier Steve Bracks at Parliament House today to tip him off to potential "seditious activities" at a planned demonstration for civil liberties on Saturday.

Shoot-to-kill bluff
AUSTRALIA: federal labor leader kim sleazley has predicted the federal dictatorship will fail in its push for a shoot-to-kill policy to be included in its counter-terrorism laws.

Sedition Laws Target Peaceful Civil Disobedience
The new Sedition Laws in the anti-terror bills clearly target people who call for acts of non-violent civil disobedience. Under the laws there is no defence for calling for change to any law by anything other than lawful means. Penalty is up to seven years jail.

Stanhope flags doubts on 'hasty' terrorism bill
ACT Chief Minister Jon Stanhope says he may refuse to sign off on parts of the Federal Government's hasty terrorism bill. Mr Stanhope published a draft of the controversial laws [draconian laws] on his website on Friday and has refused to take it down despite a directive from the Federal Government.

Despoja: Stanhope hero of the hour
Natasha Stott Despoja has described Mr Stanhope as the "hero of the hour". Senator Despoja says there is meant to be a vote on the draft legislation in the week beginning November 7.

Stanhope stands his ground
Stanhope: It is bizarre to think legislation of this significance can be rushed into Parliament without consulting a single Australian.

Anti-terrorism laws inquiry 'too short'
Australia: The Opposition says the inquiry effectively gives senators just one day to examine the bills. Labor's homeland security spokesman, Arch Bevis, says the inquiry will be unable to scrutinise whether the legislation provides a balance between security and civil rights.

Australia: Draconian laws draw rights watchdog's ire
Human Rights Watch has condemned Australia's proposed anti-terrorism laws as a "shocking departure" from its historical championing of the rights of the individual.

Dissent Isn't Taken Lightly Down Under
Historian Michael Foley said during times of war pacifists often get mugged. As a nonviolent activist working to end the war in Iraq and the corporate war profiteering that comes with it, September 2005 has been the most surreal time of my life and I definitely feel like I got mugged by Australian Attorney General Phillip Ruddock and the Australian government.

Australia: Rattling the cage
Recently, the federal government announced a controversial new 'counter-terrorism' package. Civil libertarians were quick to raise the spectre of a police state . Yet Muslim groups argued that the new security regime is already having an impact on the democratic freedoms and everyday safety of their communities.

AUSTRALIA: MUSLIMS SOLD OUT!
Hand picked alleged Australian Muslim leaders are being used to cut their own throats the same as the hand picked Indigenous mob have been used by the John HoWARd Government to screw ATSIC.

Anti-terrorism laws put rights at risk: Fraser
Former prime minister Malcolm Fraser says Australians could be treated unfairly under the Government's anti-terrorism [draconian] laws unless a human rights act is introduced.

Stop the war on civil liberties!
Prime Minister John Howard is using the "war on terror" to promote widespread fear about "terrorists" and "terrorism" in Australia. This is despite the fact that the biggest act of terror being committed today is being carried out by foreign troops, including Australia's, in occupied Iraq.

Spots and Stripes
It is well known that John Howard, infamous lackey and liar, is devoid of anything that could be remotely regarded as masculine or manly; the draconian measures he has implemented to 'secure' Australia against the terrorist bogeyman are astounding.

They know where you live
Twenty-four hours after the country's leaders agreed to draconian counter-terrorism laws this week, the Attorney-General, Philip Ruddock, was playing down media claims that ASIO believed there were 800 would-be suicide bombers living in Australia.

When Terrorism Outlaws Democracy
On September 27, 2005, Australian democracy surrendered to terrorism. On that day, a coalition of willing federal and state leaders agreed to anti-terrorism legislation that will enable police persecution of the Muslim community and threaten dissidents with imprisonment. In a country without a Bill of Rights, the prospect of more draconian Terror Laws delivers ultimate control through fear. Australia, with its history of penal colonies, racism and detention centers, is now set to become a police state.

Evans: moderate threat
Evans doubts reports that 800 potential terrorists are living in Australia.

No! Your Rights Australia
You have the right to not remain silent.

800 people deemed a potential security risk?
As reported in the Australian today, ASIO has apparently identified up to 800 people deemed a potential security risk. Ruddock says the draconian COAG measures "deal with people who pose a risk to the safety and security of the Australian community." Hmmm, like detained and deported US peace activist Scott Parkin perhaps? What is this broad definition of a "Terrorist"?

Democrat Will Oppose Anti-Terrorism Laws
NSW Democrat MLC, Dr Arthur Chesterfield-Evans, has accused the Premier, Mr Morris Iemma, of selling out to John Howard after agreeing to new 'Anti-Terrorism' laws yesterday. Dr Chesterfield-Evans said the proposed laws agreed to by Morris Iemma will not work.

Mein Kampf by John Howard
Months before Bali Au warships were seen invading Iraqi territorial waters in deliberate provocations under American protection. It was obvious that Howard had decided before Bali to join in an illegal and aggressive invasion of Iraq and in fact , when that happened, it was led by Au stormtroopers BEFORE the ultimatum given Baghdad had even run out!

Collection of Terrorists Meet to Take Away Our Rights
Tomorrow (27th of September) the State Premiers and the Federal Government are meeting to conspire to strip Australians of their rights. Welcome to the brave new world of electronic tagging and "preventative" detention.

Tell Your State Premier: Don't Do Ruddock's Dirty Work
Over the past several years, the Howard government has passed a series of dangerous new laws. These laws have undermined our basic legal and democratic rights.

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..."

Australia: Counter-liberty plans unveiled
AUSTRALIA: VIC: BLACK Hawk helicopters and fighter jets will patrol Melbourne's skies during the Commonwealth Games next March, as part of counter-terror measures outlined today.

John H.o.W.A.R.d line roars at Fascism Week
AUSTRALIA: Parody: (Rooters) - While Attorney General Phillip Duddock helped wrap up a US protester for Prime Meanster, John HoWARd during Australia's Fascism Week after a 5 day detention debut and the removal of Mr Scott Parkin a peace activist who was deported back to Houston, Texas. The h.o.W.A.R.d fascism line, adding a dash of despotism to a week of largely draconian styles.

Parkin charged $11,700 for detention and removal
Los Angeles Friday, 16 September, 2005 : American peace activist Scott Parkin arrived back in the US today, escorted by 2 Australian immigration officials. He is expected to arrive in Houson, Texas on a Continental Airlines flight at around 3pm AEST.

Government out of control on security: Wilkie
Australia: Canberra Thursday, 15 September, 2005 : Former intelligence analyst Andrew Wilkie today staunchly defended US peace activist and teacher, Scott Parkin, saying that the government's national security agenda is out of control.

Australia, USA, Iraq: Scott Parkin
The rapid and widespread response to the detention of US peace and global justice activist, Scott Parkin, has been heartening and effective on many levels. Actions have taken place in Melbourne, Sydney, Brisbane, Cairns and outside several Australian Consulates in the United States.

Peace Activist Agrees to be removed but challenges security review
ATTENTION: CHIEFS OF STAFF - IMMIGRATION REPORTERS - LEGAL REPORTERS

Australia's fascist ideal: Proof
Philip Ruddock, Federal Attorney General to Australian, hopes to eclipse the neo-cons of the US in the race toward the fascist ideal of social uniformity and control (oppression).

Anti-War Extremists Loyal to Scott
What can I say to someone like Scott Parkin? Sorry mate, to get a PEACE prize in this country you need to be drop dead sexy, go-tees are out - you gotta go. Peace Prize.

US Peace Activist to be Deported
Scott Parkin, a Texas based peace activist was detained by Federal police at approximately midday Saturday. He was en route to give a workshop about the progress and success of the peace movement in the US and companies profiting from the Iraq war.

Howard government threatens academic freedom
As Peter McGregor noted in GLW #639, I recently resigned in protest from a committee of the federal government's National Health and Medical Research Committee (NHMRC) and called for a boycott by academics of government committees generally.

'Different times' call for bill of rights, says QC'
To ensure no future government can erode basic human rights. Lex Lasry, QC, gave last night's key note address at the University of Western Australia's annual Day of Ideas.

Australia: a little dab will do ya .....
Reflections on the phoney, hypocritical "values" debate being promoted by the federal government, as part of its proscriptive program to emasculate our democracy.

Government warned Terror Laws "inherently dangerous, draconian and open to misuse" John North, Law Council of Australia: "In times of fear, it is easy for governments to impose ever (more) draconian laws."

Fishing expedition pays off
A man whose home was targeted by ASIO in fishing raids this year is facing fraud charges along with a co-accused who is linked to firearms offences.

The Terrorism of ASIO Laws
Wanda Fish asks Australian Senators to reject Howard's proposal to strengthen laws that already erode our basic legal rights. This legislation has the potential to turn ASIO agents into terrorists who can kidnap and detain innocent Australians simply because they "might know something".

Terrorgraph not quiet on 'Aussie militant' probe
AFP refuses to comment on investigation into militant video: hoWARd's abc.

Phillip Duddock's 'accent' heard in militant broadcast
Australian/Arab television has broadcast a video showing a masked militant with an apparent Australian accent criticising British Prime Minister tony bliar over Iraq.

HICKS: Not a Happy Birthday!
AUSTRALIA/CUBA/US :David Hicks, the Australian imprisoned at the US Base of Guantanamo Bay, will be 30 years old this coming Monday August 7, 2005.

GetUp! Stand Up! Stand Up For Your Rights!
Because of you, something exciting happened in our democracy last week. From every corner of the country, more than 20,000 emails were sent to the Coalition Senators. Our message was simple: now you have control of the Senate, we will be holding you to account. Thousands of you added personal messages to your representatives about the issues you care about.

Australia: We're Living In A War Zone
Prime Minister john hoWARd and his cronies have now placed us in a war-zone moving defence capabilities to Australia's south-east coast.

All the alleged terrorists are Muslims
The Australian Federal Police (AFP) commissioner mick keelty, a well know propagandist and liar, now claims that 60 Islamic extremists are operating in Australia and they are not news to the police and intelligence agencies.

All the wicked witches in Pakistan?
Pakistani authorities say 800 suspected militants [scapegoates and patsies] have been arrested in raids following the deadly London [false flag operation] bombings, as Islamic groups protest a move to expel 1,400 foreign students.

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.

Lawyer dismisses ASIO fishing raids as PR stunt
Fascist federal Police (AFP) and ASIO officers conducted more raids in Melbourne and Sydney yesterday but the publicity surrounding the raids has been dismissed as a public relations exercise by the Melbourne lawyer for an accused terrorist.

Howard off to US, UK - part 5
PART-5- PRIME minister john hoWARd will meet US president george w buSHIT, British prime minister tony blair and queen 'imperialism' herself during a 10-day visit to the United States and the UK next month.

hoWARd, ruddock, ellison, keelty and news ltd plotted chaos
AUSTRALIA/CUBA: Government and corporate propaganda agencies 'believe' they have foiled an attack on the Melbourne Stock Exchange by a radical Islamic network linked to a covert group, which has carried out surveillance on key Sydney sites.

Houses raided over 'possible' political attack plans?
ASIO have raided a number of properties in Melbourne on a 'fishing expedition' in relation to a 'possible' political scare campaign by the hoWARd government, playing on the fears of all Australians... again!

Is this our most dangerous Newspaper?
The Daily Terrorist should be managed with manacles and flown into Siberia via a jumbo jet tomorrow amid fears government fascists may attempt to use them again on someone else.

HOSTAGES OF THE WAR ON TERROR
This forum will bring together legal representatives and victims of counter-terror, along with justice campaigners and organisations in order to share strategies for achieving justice for these men and the many other like them.

WAR ON TERROR, WAR ON HUMAN RIGHTS: AMNESTY
The Canterbury-Bankstown Peace Group & the Justice for Hicks & Habib Campaign welcome the statement by Amnesty International Secretary General Irene Khan, condemning the US Administration for condoning torture and the suppression of 'human rights' in their 'war on terror'.

Murdoch's war on truth in war reporting
People who remain to be convinced that cross-media laws are important to maintaining the fabric of our democracy need look no further than today's page one of The Daily Telegraph.

Chomsky signs on for justice
Noam Chomsky has signed the Justice for Jack campaign petition which calls on the Australian Attorney General Philip Ruddock and Director of Public Prosecutions to "drop any charges reliant on records of interviews conducted under duress without the presence of a lawyer."

If he'd been given his passport he'd be a free man
A Sydney man [scapegoat in the Coalition of the Killings resource wars in the Middle East] has been found not guilty of preparing for a terrorist attack on a Commonwealth building [ruling class propaganda.]

Trial by unrelated video clips
Should alleged terrorist suspects [scapegoats for the resource wars in the Middle East] be shown on television side-by side-'terrorist training camp film clips' gathered by the government and media archives to give the wrong impression of accused people facing trial?

Accused Australian Citizen 'denied passport in 2002'?
AN AUSTRALIAN CITIZEN who was refused a passport by DFAT in mid-2002 became frustrated at the government for treating him differently.

Court should be told Gov't using 'Jack'!
A Melbourne court should have been told a man accused of working for Al Qaeda is being used by the fascist Australian Government as a pawn in their leverage to win support for their illegal and degrading activities.

Noble Cause Torture?
AUSTRALIA: The Labor Party has decided not to support a Senate inquiry into new allegations made by Mamdouh Habib that the Australian Government cooperated with Egyptian intelligence authorities who he insists tortured him.

New account adds weight to interrogation claims
Australia/Cuba/Iraq: The fascist Federal Government is under further pressure today because Australians were involved in the interrogation of tortured Iraqi prisoners.

Australian senate accused govt of war crimes
Did you hear the one about David Hicks and Mamdouh Habib having a Barbeque in Afghanistan with Bin Laden? Yeah it was reported on Channel Seven's Sunrise this morning! But they don't know if it was a sheep or a goat, but sources say it was most likely a goat.

DPP to appeal innocent man's bail
The Commonwealth Director of Public Prosecutions (DPP) will seek to have an innocent Melbourne man Joseph 'Jack' Thomas, returned to isolation in custody?

Fascist Australian Govt torture exposed
The fascist Federal Government has been exposed for the torture of Australian Mamdouh Habib and the US Government's allegations against him (if they were true) would have been made under duress.

Innocent witch verballed by federal fascists!
Shame on the federal fascists. The wicked old witch is dead! A Melbourne Magistrates Court has heard that a 31-year-old innocent Victorian man was facing terrorism charges?

Lawyer blames police for Habib break-in
John HoWARd, Alexander Downer, Phillip Ruddock, Robert Hill, to name just a few....HOW DO YOU PLEAD?

No reason for Habib to sell story: Beazley?
Federal Agreement Leader Kim Beazley is a well-paid loser. A loser who supposed to be defending our democratic rights by standing up to the HoWARd Government's fascism.

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.

What they did to Habib
Mamdouh Habib was the victim of atrocities fit for a concentration camp, including being tied to the ground while a prostitute menstruated on him, his lawyer said yesterday.

Innocent witch verballed by federal fascists!
Shame on the federal fascists. The wicked old witch is dead! A Melbourne Magistrates Court has heard that a 31-year-old innocent Victorian man was facing terrorism charges?

Innocent Victorian man held in custody for Xmas?!
Lawyers have argued the case against Mr Thomas was weak and based on a statement he made in Pakistan without a lawyer present and therefore unlawful.

Innocent Melbourne man makes second bail bid
Rubish, just plain propaganda, fear-mongering, draconian nonsence from the HoWARd goverment's war agenda stink tank.

MPs to review spy agency powers
Australian spy agency ASIO'S controversial powers to detain and question suspected terrorists [scapegoats for HoWARd's resource wars] will be re-examined by a parliamentary committee. Parliament passed the new counter-terrorism powers in July last year.

Goulburn Jail breaches UN standards
NSW: Greens MP Lee Rhiannon has called on Justice Minister John Hatzistergos to bring Goulburn Jail's Maximum Security Wing into line with United Nations standards, after a prison inmate's covert survey of his fellow inmates revealed problems with rehabilitation programs and basic amenities.

Lodhi toilet paper: crap!
He is facing nine charges and is accused of planning a major terrorist attack on Sydney defence sites and the electricity grid using downloads off the internet and having 100 rolls of toilet paper to wipe his arse after low level bombs and farts.

Community seeks more power to interrogate ASIO suspects
Greens Senator Bob Brown does not think increased police powers are necessary. "We have enormous powers for surveillance, apprehension or punishment of people who are engaged in or intending to engage in or thinking about being engaged in terrorist acts in this country," he said.

Greens warn of 'politicised' terror trials
AUSTRALIA/CUBA?: The Australian Greens say they are concerned that new anti-terrorism laws being debated in the Senate allow for the "political black-banning" of defence lawyers at terrorism trials.

Melbourne man charged over ASIO links
ASIO a know Australian terrorist organization is verballing the community again...about allegations that a man, while living overseas, received funds from Al Qaeda and had close association with the members of the terrorist group.

DING DONG! THE WITCH IS DEAD
A court has been told Joseph Thomas is a sleeper? ZZZ! Melbourne Australia: A court has been told that Osama bin Laden asked a Melbourne man to become a "sleeper" in Australia before undertaking activities for the Al Qaeda network? Munchkins: "Ding Dong! The Witch is dead. Which old Witch? The Wicked Witch! Ding Dong! The Wicked Witch is dead."

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.

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

There is no justification for torture
In the weeks since the abuses at Abu Ghraib prison were revealed, evidence continues to seep out of similar mistreatment of prisoners in other US military detention centers in Iraq, Afghanistan, and Guantanamo Bay.

Howard rejects spy agency overhaul
Prime Minister John Howard has played down the need for a major overhaul of Australia's spy agencies as a result of an inquiry by former intelligence officer Phillip Flood.

Mamdouh Habib: Taunted and Tortured!
Four Corners [Walls]: Terrorist - or Taunted by the Australian Defence Force who sacked him as a cleaning contractor? Who is Mamdouh Habib? And why was he harassed by the Australian Federal Police? Then tagged and labelled as a spy? Why was he vilified by the community? When he fled to Pakistan how did he end up being tortured in Egypt? And how did he end up at Guantanamo prison camp reserved for the men America calls "the worst of the worst.

He was an undercover agent for the blues
He was my journalist, he was working undercover. The fellow knew all of the moves.... He really had me romping, bare footing stomping. He just kept igniting my fuse....

Up there Khasali: Innocent man new bail laws
The New South Wales Supreme Court has asked innocent man Bilal Khazal to increase to amount of surety offered, before the bail is formally continued.

HEY! BIG BROTHER? LET INNOCENT PEOPLE GO!
Young men terrorised, tortured, and threatened with charges for no crime by Australia mate the lucky country. Lucky if you're not used for Howard's FEDERAL ELECTION and George Dubya's WAR ON LIBERTY! Who shot liberty? IGNORANCE!

Ul-Haque 'the man who wants to become a doctor'
The taskforce is investigating French man Willie Brigitte, who was tipped back home for a visa breach. Allegedly the Un-Australian Newspaper claimed he also attended training camps before his six-month stay in Sydney. Police have not alleged Mr Ul-Haque knew Brigitte. The Un-Australian just mentioned it because they are 'you guessed it' up John Howard's butt and they like the USA want 'you guessed it' our Federal Government. Well Yankee go home!

Brain injury for suspicion 'inhumane'
Faheem Khalid Lodhi refused bail by a Sydney court and remanded until June in hell at the (HARM-U) High Risk Management Unit at Goulburn. While he is in there he will receive a brain injury and is likely to self-harm due to the gross violation of living standards.

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

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.

Lawyer claims Al Qaeda suspect's evidence tainted!
Before returning to Australia last year, Thomas was arrested and held in custody for five months by Pakistani authorities before being released without charge.

Man terrorised by ASIO remanded in 'AA' isolation!
A Victorian man has been remanded in custody after being charged with terrorism offences, including having links to Al Qaeda?

Ruddock foreshadows new terrorism laws
The new laws will allow police to access emails and mobile phone SMS messages, enable wider use of surveillance devices, and protect sensitive national security information during terrorism trials.

Islamic movement denies links to Al Qaeda
The Islamic Youth Movement has denied having any links to Al Qaeda and says it is considering legal action against the Four Corners program. In a statement released early this morning, the group rejects allegations it is helping coordinate any kind of terrorist network inside Australia and says it is being unfairly targeted.

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.

Tuesday, October 18, 2005

Unfaithful Lees admits taking drugs, court told

AUSTRALIA: NT: Key witness Joanne lees, has testified in the Northern Territory Supreme Court to smoking Marijuana on the night her boyfriend Peter Falconio went missing.

Yesterday she told the court how unfaithful she was to her boyfriend and that she'd even had an affair. But for some reason Lees wasn't a suspect in her own boyfriends killing?

Show trial

Lees has accused Bradley John Murdoch of Peter Falconio death but until the alleged strong DNA evidence appeared late in the police investigation there was probably no case at all.

DNA results that just happened to appear now place Bradley John Murdoch at the crime scene and no doubt have helped the police case against the accused.

Murdoch: Ambushed by Prosecution

DNA 'links accused to Falconio camper' ?

AUSTRALIA: NT-Through the smell of an oily rag - A FORENSIC expert allegedly has produced vital evidence ahead of the Peter Falconio murder trial linking his alleged killer to the camper van driven by the dead man and his girlfriend, Joanne Lees?

Surprising!

Dr Jonathan Whitaker, a British DNA expert, told a pre-trial hearing that a new testing technique had identified fragments of DNA belonging to the accused, Bradley John Murdoch, at the crime scene. It is the first time that the damning DNA evidence has been heard, because previous orthodox forensic tests by Northern Territory officers had proved inconclusive?

Crown prosecutor Rex Wild QC said DNA obtained from a blood stain on Ms Lees's t-shirt, Mr Falconio's former girlfriend, matched that of the accused Bradley John Murdoch.

But he never said the police had planted it and of course that has to be one of the leads to be followed up by the defense in the tourist industry show trial between Corporate Australia, Joanne Lees, and Bradley John Murdoch.

This means a lot for the tourist industry and the corporate giants have their hands dirty already. Ch/9 stalled the committal hearing early in the case so they could argue that court material should be heard in public and not in camera.

Stalled Falconio Committal to resume

Channel Nine have no rights whatsoever to delay the case of a person accused and in custody. Mr Bradley Murdoch should seek damages after the committal against Ch/9 to prevent further interference by corporate media giants who no doubt have a conflict of interest making news instead of reporting news and also having a corporate interest in tourism and $$$$$$$

Wild told the court that Murdoch's DNA was also identified on the gearstick of Mr Falconio's kombi van and on the hand ties that were allegedly used to bind Ms Lees on the night her boyfriend went missing.

Again no mention that the evidence could easily have been planted by police late in the investigation to help solve their case.

Forty-seven-year-old Bradley John Murdoch has pleaded not guilty to the murder of Peter Falconio and the assault and deprivation of liberty of Joanne Lees.

The court heard that Bradley Murdoch had a haircut and shave within a day of the British traveler's disappearance but most men have a shave everyday so how this is so suppose to be some type of evidence is bewildering and can only be seen as mind-set 'evidence' that men take personal care of themselves, surely. I mean I shave everyday.

Mr Wild said that a day after Mr Falconio went missing; Bradley Murdoch was driving through Central Australia to Broome. He said when Murdoch arrived in Broome; he had a shave and cut his hair.

But Joanne Lees who was stoned out of her brain on dope and who'd had a recent affair, had a better motive for the killing and could easily have committed the crime herself. So why wasn't she the main suspect?

Tall tale?

Mr Wild told the court that Mr Falconio and Ms Lees were traveling on a remote stretch of highway north of Alice Springs when the driver of a second car urged them to pull over.

He said Mr Falconio got out of the couple's kombi van to speak to the man. Mr Wild told the court that after hearing a loud bang, like a gun shot, Ms Lees was tied with cable ties by the man accused of murdering Mr Falconio.

She asked the man if he was going to rape her and if he had shot her boyfriend. The court heard Ms Lees was forced into the back of the man's van but managed to escape and run into bushes.

The prosecutor said she waited in the dark for about five hours until she felt safe enough to flag down a truck on the highway. The court has also heard evidence from Mr Falconio's brother and father.

The family members told the court they had not heard from Peter Falconio since the night he went missing more than four years ago.

But Joanne Lees was a more likely suspect even though she told the court she identified Bradley Murdoch as her attacker during last year's committal hearing and from a photo board.

Falconio beatup compromises NSW DNA laws
ABC 20 June 2002

The NSW government has used the recent media beatup surrounding DNA testing of 'a person of interest' in the Northern Territory Falconio murder investigation to neutralise protections contained in the NSW Crimes (Forensic Procedures) Act.

The Crimes (Forensic Procedures) Amendment (Corresponding Laws) Regulation 2002 takes advantage of a deliberate loophole in Section 95 of the Act which allows DNA legislation in other jurisdictions to be declared 'corresponding laws' - thereby permitting free flow of DNA database information between law enforcement agencies.

All Australian Federal, State and Territory legislation governing forensic DNA collection, analysis and use has been declared 'corresponding law' by NSW Attorney General Bob Debus - in spite of the fact that several of them contain none of the protections of the NSW Act.

Under the Northern Territory Police Administration Act people can be forced to submit to police DNA testing for summary offences such as 'failing to cease to loiter'. Once tested their DNA profile stays on the police database forever, where it is used in attempts to link the subject to unsolved offences. Volunteers and victims of crime are also liable to have their DNA used to implicate them in unsolved crime.

The Northern Territory is also the only Australian jurisdiction where police DNA testing is carried out in a laboratory which does not meet NATA accreditation standards. Its senior forensic scientist is Joy Kuhl, who first achieved notoriety for her part in the wrongful conviction of Lindy Chamberlain.

In NSW, by contrast, only those suspected or convicted of serious offences can be forced to provide DNA. If they are found innocent, have their convictions overturned or are not charged within a year their profiles and samples must be 'destroyed' (i.e. deidentified).

However the declaration of the new regulations now means that NSW police can 'launder' tainted DNA evidence through their NT colleagues.

Even when NSW police are required by law to 'destroy' a DNA profile they can rest easy in the knowledge that a shared copy remains on the NT police database and will shortly be 'shared' back to NSW. Those not liable for forced DNA testing under NSW laws might be picked up while visiting another state and forcibly tested for 'abusive language' or 'failing to cease to loiter', with results of the test relayed back to the NSW database.

The NSW government has taken advantage of the arrest of 29 year old Michael Sorrell for the stabbing murder of Michael Furlong in Smithfield on June 3 to create an artificial atmosphere of urgency and stifle debate of the new regulations.

Sorrell is described as a 'person of interest' in the shooting and presumed murder of Peter Falconio near Alice Springs in July last year, in spite of the fact that he does not match the description of eye-witness, Joanna Lees.

NSW police received DNA recovered from the crime scene in August last year and could have compared it with Sorrell's at any time without needing to alter NSW regulations (there are no restrictions in either NSW or the NT on the use of crime scene DNA).

According to a report in the [Un] Australian, Mr Sorrell has been forcibly DNA tested over 50 times since he was picked up. He is believed to have been in Queensland when Falconio was killed but a 'misinterpreted telephone conversation between territory and NSW police' resulted in him being seen as a potential suspect.

Michael Sorrell was finally cleared of involvement in the murder of Peter Falconio on June 15, when NT police announced no match between his DNA and the murder scene. But NSW citizens have now permanently lost the few protections they previously enjoyed under the Crimes (Forensic Procedures) Act.

By Amanda Mortein 18 October 05

Related:

Murdoch: Ambushed by Prosecution
AUSTRALIA: NT-Through the smell of an oily rag - A FORENSIC expert alledgedly has produced vital evidence ahead of the Peter Falconio murder trial linking his alleged killer to the camper van driven by the dead man and his girlfriend, Joanne Lees?

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.

DNA Links:

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.

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.

Monday, August 8, 2005

Justice Stevens Criticizes Death Penalty

US: CHICAGO - Supreme Court Justice John Paul Stevens issued an unusually stinging criticism of capital punishment Saturday evening, telling lawyers that he was disturbed by "serious flaws."

Stevens stopped short of calling for an end to the death penalty, but he said there are many problems in the way it is used.

Recent exonerations of death row inmates through scientific evidence are significant, he told the American Bar Association, "not only because of its relevance to the debate about the wisdom of continuing to administer capital punishment, but also because it indicates that there must be serious flaws in our administration of criminal justice."

Other Supreme Court justices, including Sandra Day O'Connor and Ruth Bader Ginsburg, have also spoken out about concerns that defendants in murder cases are not adequately represented at trial.

But Stevens, 85, made a much harsher and sweeping condemnation.

He said the jury selection process and the fact that many trial judges are elected also work against accused murderers. He also said that jurors might be improperly swayed by victim-impact statements.

Stevens, named to the high court by President Ford in 1975, is one of the most liberal justices.

In recent years he has been influential in votes that barred states from executing mentally retarded killers and those who were juveniles when they committed their crimes.

The Supreme Court frequently splits 5-4 in capital cases, and often O'Connor is the pivotal vote.

O'Connor, 75, announced last month that she was retiring, and Stevens told lawyers that her departure was "sad news for me."

"It's really a very, very wrenching experience," he said.

President Bush has nominated as her successor appeals court judge John Roberts, a former lawyer in the Reagan and first Bush administration who would likely make the court more conservative.

Stevens made his exceptionally frank and surprising comments in Illinois, his home state and a place that has been roiled by controversy over the death penalty. In 2000, wrongful convictions led then-Gov. George Ryan to halt all executions.

It also came just a day after a Virginia jury decided against the inmate whose case led to the 2002 ban on executing the mentally retarded. The jury said Daryl Atkins was mentally competent and could be put to death. The judge immediately scheduled a December execution date.

Stevens' audience included his wife and Cecilia Marshall, widow of Justice Thurgood Marshall.

Marshall, the Supreme Court's first black member before retiring in 1991, was a critic of the death penalty and argued that it was unconstitutional under any circumstances.

"Since his retirement, with the benefit of DNA evidence, we have learned that a substantial number of death sentences have been imposed erroneously," Stevens said during a dinner named for Marshall.

He said Supreme Court cases have revealed that "a significant number of defendants in capital cases have not been provided with fully competent legal representation at trial."

In addition, Stevens said he had reviewed records that showed "special risks of unfairness" in capital punishment.

Juries might not be balanced because people who have qualms about capital punishment can be excluded by prosecutors, he said. And he questioned whether potential jurors are distracted by extensive questions about their views on the death penalty.

In addition, Stevens said a statement from a victim's family sometimes "serves no purpose other than to encourage jurors to decide in favor of death rather than life on the basis of their emotions rather than their reason."

By Gina Holland posted 8 August 05

Related:

Two Million Imprisoned = Too Many
On August 13, thousands of people from around the nation are expected to march in a "Journey for Justice" to our nation's capitol. Times have certainly changed since the 1963 civil rights march on Washington, but this year's march still has everything to do with what many view as institutionalized racism.

DENIS DOES DALLAS:
The Northern Territory Country Liberal Party Opposition leader, Denis Burke, has suffered a political tsunami in the state elections, with a big swing against him in his seat of Brennan.

THE LIFE OF WHALES OVER-RIDES HUMAN LIFE:
Mr Howard has warned Japan that it faces global condemnation if it kills whales. Mr Howard is often quoted as saying he cannot and he would not interfere in the business and laws of sovereign states. Whaling is a part of the Japanese culture. The death penalty is also a part of many countries culture.

THE DEATH PENALTY - WORLDWIDE
During 2004, at least 3,797 people were executed in 25 countries. At least 7,395 people were sentenced to death in 64 countries. These figures are only reported cases - the true figures were certainly much higher - many countries continue to execute people in secret.

WHY IS THE HOWARD GOVERNMENT PLAYING 'DEATH' WITH AUSTRALIANS: There has been much controversy recently on whether the Australian Federal Police should have tipped-off the Indonesians over the arrest of the Bali Nine. Due to the fact that Indonesia executes convicted drug-traffickers, ACADP believes that any evidence collected by AFP should have been withheld from Indonesian authorities until they have a written guarantee not to pursue the death penalty for the Bali Nine.

Death penalty-free zone in Europe and Central Asia
A coalition of non-governmental organizations is calling for a death penalty-free zone in Europe and Central Asia.

THE HIDDEN TRUTH ABOUT EXECUTIONS:
For death row inmates in Indonesia, execution usually comes on a deserted beach or remote jungle at the hands of a paramilitary firing squad. And, it rarely comes fast.

DESTROY CHEMICALS OF MASS DESTRUCTION:
The Australian Coalition Against Death Penalty (ACADP) is (again) calling on U.S. President George W. Bush, to join the civilised world and destroy all chemicals of mass destruction, for the dignity and respect of every human life.

LIFE ON A THREAD:
The difference between life and death can rest on the whim of a president or the ability of a lawyer. Whether or not the death penalty can be justified is very much up for grabs.

THE POT CALLING THE KETTLE BLACK:
US: The American media reports that thousands of Iranians cheered, whistled and clapped as a serial killer was publicly executed in Iran last week.

USA - FEELING THE HEAT FROM INTERNATIONAL FIRE:
The United States of America has withdrawn from an international agreement that gives detained foreign nationals the right to seek assistance and talk to their consular officers.

Corby lawyer pleads for Australian help
Schapelle Corby, 27, is accused of carrying over four kilograms of marijuana into Bali and could be sentenced to death if she is found guilty.

OHIO: Appeals court tosses death sentence for U.S.-British citizen
In Cincinnati, a federal appeals court on Tuesday threw out the conviction and death sentence of a man with dual U.S.-British citizenship who was convicted of killing a 2-year-old girl by starting a fire in his ex-girlfriend's apartment.

THE INNOCENT SCOT ON DEATH ROW IS ALMOST FREE
If you haven't heard about it yet, you will. There's a celebration in the air: Kenny is an innocent man living on death row in an Ohio prison and the authorities may finally acknowledge what we've known all along.

EXPENSES FOR STATE-ASSISTED SUICIDE EXCEEDS $33,000.00
To prepare for Connecticut's first state-sanctioned killing in 45 years, the state Department of Corrections has spent more than US$33,000 on such items as training personnel, drugs (poison), intravenous catheters and tubing, portable restrooms, mobile offices, lighting and curtains for the witness observation room.

Child Offenders on Death Row
Recent Australian studies of alcohol and cannabis use show that girls are increasingly inclined to behave boldly. But boys out number the girls, two to one; and three to one in the juvenile justice system, mortality figures, speeding infringements and car crash statistics.

US death row numbers don't change policy?
The number of prisoners on death row in the United States appears to be falling, mostly credited to a single Governor who commuted the sentences of all the death row prisoners in his state.

Despite Drop in Crime, an Increase in Inmates
US: The number of inmates in state and federal prisons rose 2.1 percent last year, even as violent crime and property crime fell, according to a study by the Justice Department released yesterday.

How Denying the Vote to Ex-Offenders Undermines Democracy
For starters, hundreds of thousands of people who are still eligible to vote will not do so this year because they will be locked up in local jails, awaiting processing or trials for minor offenses.

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.

Our Two Priority Bills sent to White House
US: The 8th National CURE Convention last June lobbied on Capitol Hill the Innocence Protection Act in the Senate and the Mentally Ill Offender Treatment and Crime Reduction Act of 2004 in the House. On Sunday, October 10th, Congress passed both bills and sent them to the President to be signed.

THE LAW IS AN ASS:
US: A Californian man who beheaded a german shepherd dog he had named after his girlfriend, has been sentenced to 25 years to life under California's three-strikes law.

SAVE THE LIFE OF NGUYEN TUONG VAN:A PLEA TO SINGAPORE PRESIDENT On behalf of the Australian Coalition Against Death Penalty (ACADP) and in the spirit of respect for human life, I make a heartfelt plea for clemency, compassion and mercy, to spare and save the young life of Nguyen Tuong Van, currently under sentence of death at Changi Prison in Singapore. Nguyen Tuong Van, is a 23-year-old Australian man of Vietnamese origin. Nguyen was arrested at Changi Airport in December 2002, whilst in transit from Cambodia to Australia. He was later charged and convicted of drug-trafficking. In March 2004 he was sentenced to death for his crime.

EXTRADITION ACT FLUSHED DOWN THE TOILET
A long-standing convention not to extradite people out of Australia if they face the death penalty has been abandoned.

BIRTHDAY PROTEST BACKS INNOCENT MAN ON DEATH ROW:
Kids from 3 to 83 years old beat candy labeled "Justice" out of a big Texas-shaped piqata on Aug. 1 as dozens gathered in the Houston City Hall Park to celebrate the 30th birthday of Nanon Williams, an innocent person on Texas death row.

THE LAND OF BIBLES, GUNS, PATRIOTS AND THE 'WORLD ROLE MODEL' FOR HUMAN RIGHTS: The state of Alabama, USA, executed James Barney Hubbard. So what? ... you might say ... America executes prisoners almost every week!

Appealing a Death Sentence Based on Future Danger USA-HOUSTON, June 9 - Texas juries in capital cases must make a prediction. They may impose a death sentence only if they find that the defendant will probably commit more violent acts.

Forensics? In proposing a new death penalty for Massachusetts last month, Governor Mitt Romney offered firm assurance that no innocent people would be executed: Convictions, he said, will be based on science.

Clive Stafford-Smith: The Death Penalty
"In 1993, a federal judge ruled that, as the U.S. constitution has no ruling against killing the innocent, then it doesn't matter whether you are innocent or not, when you are executed. It's profoundly stupid - the constitution doesn't say the sun must set in the west, but it does.

Silencing the Cells: Mass Incarceration and Legal Repression in U.S. Prisons People without a voice are not people in any meaningful sense of the word. Silenced people cannot express their ideas; they can neither consent nor protest. They are reduced to being pawns in the schemes of the powerful, mendicants who must accept whatever is imposed upon them. In order to keep people in a state of subjugation, silencing their voices is essential. Nowhere is this clearer than in U.S. prisons.

U.N. Group Seeks End To Executions The United States, Japan, China, India and Muslim nations including Saudi Arabia opposed the resolution. Burkina Faso, Cuba, Guatemala, South Korea and Sri Lanka abstained.

US: Execution Dear Friends, this is so sad especially for our dear friend, San Nguyen. San who lives in Oklahoma worked very hard with the rest of the Vietnamese community to stop Mr. Le's execution. You may remember San from being at CURE's First International Conference in New York City in 2001. San also plans to be at the 8th National Convention this June in Washington. Charlie

Please contact the Governor The Vietnamese-American Community, the ACLU, and many others want the March 30 execution of Huang Thanh Le commuted.

Cherie Blair attacks US over death penalty in Catholic paper Cherie Blair has renewed her attack on America's use of the death penalty. In a book review in the Catholic journal The Tablet, under her maiden name Cherie Booth, she says: "Capital cases are uniquely prone to error and thus call into question whether we can ever be really sure of obtaining the just result.

Death penalty: a lawyer sees the light The observation "Americans are from Mars and Europeans are from Venus" is illustrated by the two nations' differing reactions to the use of the death penalty as a legitimate punishment for murder.

OHIO: Judges join dissent on execution delay In Columbus, 5 federal appeals court judges say a convicted killer's request to delay his execution was illegally denied because 2 senior judges participated in the vote.

Stephen Romei: Death knell sounds for US capital law GEORGE Ryan gets my vote as Australian of the Year, even though he's the outgoing governor of the US state of Illinois. There's just no one I admire more right now, not even Greg's Kables Community News Newtwork..

Mexico Awaits Hague Ruling on Citizens on U.S. Death Row Sbaldo Torres, a convicted murderer on death row in Oklahoma, should have been dead by now, his appeals exhausted, his time up.

Jury Passes On Business Of Killing US: This drives the death penalty crowd in the legislature nuts. Yet another jury - another 12 men and women, tried and true, who had all attested to their belief in the death penalty - has refused to join in the killing business.

Ultimate Punishment Scott Turow has long juggled two careers‹that of a novelist and that of a lawyer. He wrote much of his first and best known legal thriller, Presumed Innocent, on the commuter train to and from work during the eight years he spent as an Assistant United States Attorney in Chicago, and he has churned out another blockbuster every third year since joining the firm of Sonnenschein Nath and Rosenthal in 1986.

A Question of Innocence Rubin Carter: Day after day, week after week, I would sit in that filthy cell, seething. I was furious at everyone. At the two state witnesses who lied, at the police who put them up to it, at the prosecutor who sanctioned it, at the judge who allowed it, at the jury who accepted it, and at my own lawyer, for not being able to defeat it.

Are you sane enough to be executed?
New York: The US Supreme Court has let stand a ruling by a federal appeals court in February that officials in the state of Arkansas had the right to force a convicted murderer to take drug treatment to make him sane enough to be executed.

Amnesty steps up campaign to abolish death penalty Human rights watchdog Amnesty International is urging people around the world to pressure countries to abolish the death penalty.

'LAND OF THE FREE' SET TO EXECUTE TWO PRISONERS BY FIRING SQUAD: Wanted: Willing executioners for two convicted murderers. Must be psychologically sound and familiar with .30-calibre rifles. No victims' relatives need apply.

TEXAS EXECUTES 300th PRISONER Keith Clay was executed tonight, becoming the 300th prisoner in Texas to die by lethal injection since the rogue state resumed the death penalty 20 years ago.

AUSTRALIAN COALITION AGAINST DEATH PENALTY " ... Our nation was built on a promise of life and liberty for all citizens. Guided by a deep respect for human dignity, our Founding Fathers worked to secure these rights for future generations, and today we continue to seek to fulfil their promise in our laws and our society.

Texas Coalition to Abolish the Death Penalty Please note the following article carefully.....it shows clearly the hateful, uncaring and anti-human rights attitude as reflected by the Governor of Texas (and most other elected Texas officials).

Bush rules out death sentence review US President George W Bush says has dismissed any chance of a review of America's system of capital punishment.

Amnesty urges Bush to shut death row Human rights watchdog Amnesty International has urged US President George W. Bush to take a "moral stand" and abolish the death penalty after the Illinois Governor dramatically emptied that state's death row.

USA - A NATION IN TURMOIL: As the year 2002 draws to a close, little if anything, has changed in the United States in regards to state-sanctioned killing. Various campaigns, calls for clemency, petitions, and international condemnation, have failed to humanize U.S. politicians.

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.

Thursday, August 4, 2005

WA Prisons: 'Pre Release Program' suspended?

"I have various times throughout my continuing, indefinite incarceration, felt as though I were a 'lone voice' in the middle of a screaming AFL Grand Final crowd."

A prisoner writes from Acacia Prison Wooraloo WA to Justice ACTION

Thank you for your most welcomed correspondence and the attachments of 06 July 2005, which I received this afternoon. I must also thank you for your previous correspondence of 31 May 2005.

The Prison Resource Kit contains a variety of information I am sure will be well read, thank you. I was quietly amused and agreeing with the poster illustrating imprisonment with the title,' Obedience To The Law is Freedom'. I think it is very apt, in my opinion, what constitutes 'The Law' is open to debate when it comes to 'Freedom'.

I am delighted to see that my previous letters have been accepted as material of interest and relevance by your organisation, and that this material has been put out there for inquisitive and interested eyes to see.

I was very much heartened by your kind comments and uplifting enthusiasm for issues that I am enthusiastic about also. I have various times throughout my continuing, indefinite incarceration, felt as though I were a 'lone voice' in the middle of a screaming AFL Grand Final crowd when it comes to issues of fairness and accountability in the justice system. I am pleased to understand that I am not alone in this regard.

I find it ironic and mildly sad in a way that I am under the control and care of a 'Department' that has the word 'Justice' in its title. Have I missed something? For the most part I understand that a multi faceted system beats to its own drum, and that 'Justice' is an objective most of the time, but I do feel sometimes that the drum isn't sounding out the right type of music.

Issues such as the decision by the Department Of Justice in Western Australia not to distribute the 'Just Us' periodic newspaper astound and concern me. To my knowledge, there is no equivalent publication that is already provided to prisoners in Western Australia.

On that note, at present I have received no further responses to my enquiries with the Department Of Justice relating to this matter, but I will keep you informed as I do.

I am also discussing the periodical Newsletter with people and suggesting that if they wish to be informed and to have their political voice heard, they may choose to write to Justice ACTION and have their details added to the Justice ACTION mailing list.

[Name suppressed for legal reasons because this prisoner was sent to prison at age 16]

I have recently commenced civil proceedings in the Supreme Court of Western Australia, in Perth. My case may be cited as [Prisoner] V Director General, Department Of Justice and Anor. XXX. XXX of 2005.

I have lodged a Writ of Habeas Corpus against the First Respondent, Director General, Department of Justice, and a Writ of Certiorari against the Second Respondent, the former Minister for Justice.

My first court appearance regarding these matters was on Thursday, 02 June 2005. This was an 'ex parte' hearing in Chambers before His honour Judge Blaxell. The matter has been adjourned to Wednesday, 15 June 2005. I hope to present oral submissions and argument on this day.

I have prepared the legal documents myself, and I am representing myself in these proceedings. It has been suggested to me that due to the highly political nature of my case in the past, and the foreseeable future, finding legal representation in Perth is very difficult. But I take this difficulty in my stride, and I am only too aware that I am the only person who knows my case and my contentions clearly.

I have enclosed three documents for your perusal and information, which have been filed with the Court already. These documents are:

* Notice Of Originating Motion (Form 64) [6 Pages]
* Outline Of Submissions For A Writ Of Habeas Corpus And A Writ Of Certiorari And Order Nisi [17 pages]
* Applicant's Amended List Of Authorities For Hearing On Wednesday 15 June 2005 [8 pages]

I am confident that you with be able to understand the directions I will be leading to in argument. The ad hominem contention is of particular interest. As this is a civil action, the case citing, which includes my surname, has been printed in The West Australian newspaper's Court listing. As I noted previously, the case has been adjourned to Wednesday, 15 June 2005, and on this date I will ask the Court for a suppression order relating to my name (my identity), and future Court Listings. I will be seeking to invoke ss 35 and 36 of the Children's Court Of Western Australia Act 1988, for the order.

I am not sure if your organisation is aware of this, but there is presently an inquiry investigating the activities of the Department Of Justice, in connection with the placement and management of prisoners in Western Australian Prisons, and in the community.

There have been a number of incidents of late involving the Department Of Justice, and few high profile inmates, which have received a barrage of media and public interest. The Liberal Party in Opposition has also taken the opportunity to berate the Labor Government concerning these incidents.

As a result of these incidents 14 prisoners, including life sentenced prisoners and Governor's pleasure sentenced prisoners, having done nothing to warrant punishment, were removed from minimum-security prison farms to medium and maximum security facilities. These 14 prisoners had been participating in a program of graduated release into the community. This program is colloquially known as the 'Pre Release Program'.

In response to these incidents, on 05 April 2005, Western Australia's Premier, Dr Geoff Gallop, signed a document that outlines the terms of reference of an 'independent' inquiry. The named inquiry is defined as: "INQUIRY INTO THE PERFORMANCE OF THE DEPARTMENT OF JUSTICE WITH REGARD TO THE MANAGEMENT OF OFFENDERS IN CUSTODY AND IN THE COMMUNITY"

The Honourable Dennis Mahoney, a former New South Wales Supreme Court Judge, has been named as the Inquirer for this Inquiry.

All of this has occurred after the Labor Government was returned to office in February of this year.

The new Minister for Justice, Honourable John D'Orazio, who has relieved Honourable Michelle Roberts, former Minister for Justice, has been appointed the new 'overseer' of the 'troublesome' Justice Portfolio. Mr D'Orazio, a multiple victim of crime himself, in response to the incidents involving the Department Of Justice, has stated in various media reports words to the effect that his priorities are:

(a) Community safety
(b) Staff safety within the justice system
(c) And then we will look at the rehabilitation of prisoners

Life sentenced prisoners and Governor's pleasure sentenced prisoners, who were participating in approved Pre Release Programs, and prisoners who hoped to be commencing Pre Release Programs, have been told that there will be no Pre Release Programs until further notice (indefinite suspension), pending the outcome of the 'independent inquiry.

It has been suggested that this action, or inaction of behalf of the Department Of Justice, and the Labor Government, is a form of group punishment perpetrated towards life sentenced prisoners and Governor's pleasure sentence prisoners, in my opinion this is correct.

The concept of group punishment is from days of old. What is going on in Western Australia? On that note, I shall sign off for now, and turn to my extensive authorities list for my up and coming legal action. I hope that my efforts continue to be of assistance to Justice ACTION and I look forward to hearing from you again.

Kind Regards

By Just Us 4 August 05

Ed. Likewise my friend how you have grown in your knowledge and your wisdom from a 16-year-old boy into a fine scholar, from juvenile detention into adult prison, with a lot of knowledge to share with the community. God willing, people who make their first mistake in my opinion always deserve a second chance. A second chance to prove to the community and themselves that they can make it, so the community in turn will not diminish the standards of a human being so easily, after they have made their first mistake. Why? Because a human being is not infallible in the land of trial and error and people only learn by making a mistake. Some people make big mistakes and some people make small mistakes. Nevertheless it is a mistake when it's recognised but once that has occurred and a person has learned and has some insight into their offending behaviour that mistake is unlikely to occur ever again if 'treated properly' the first time.

But making your first mistake as a 'child' in our Wonderful Universe and then being incarcerated for it by the State 'indefinitely' is wrong and I think your case deserves special attention.

Surely there is an obligation by the Australian Constitution to grant you a second chance on the basis that you were a child when you committed your first offence and obviously did not have time to grow up before you tripped over and stubbed your toe on that rock that has been indefinitely tied around your neck ever since. Keep up the good work and let us know how you get on!

Every Best Wish

Harmful, Undeserved Punishment

US: Nearly five million American citizens are denied the right to vote - one of every 50 citizens. That includes 13 percent of all African-American men nationwide, up to almost twice that percentage in particular states and the majority of adults - black and white -- in some inner city neighborhoods.


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