Category: Law

Don’t Compare Texas Abortion law to Islamic Law: Most Muslims are and have been More Liberal

In Europe, Malta, San Marino, Liechtenstein, Poland, the Vatican, Monaco and Andorra ban or severely restrict abortion. Ireland only allowed some abortions in a 2018 referendum, and most of the subsequent some 6,000 terminations have been before the passage of 12 weeks. These countries have these laws because of the stance of the Roman Catholic Church and because secular majorities have not challenged them as has happened in many European Catholic-majority countries. This issue is not along a Christian-Muslim or East-West axis.

Source: Don’t Compare Texas Abortion law to Islamic Law: Most Muslims are and have been More Liberal

Half of our federal laws were passed without oversight – » The Australian Independent Media Network

So, against a recent backdrop of the Morrison government having passed a proliferation of rights-eroding national security laws, together with pursuing closed court political prosecutions, and clamping down on press freedoms, the Coalition is now law-making by decree. A dictatorship of the few

Source: Half of our federal laws were passed without oversight – » The Australian Independent Media Network

Bill Cosby freed from prison after court overturns sexual assault conviction

The court ordered that Bill Cosby be released from prison immediately.

New York: Bill Cosby was freed from prison and returned home less than two hours after Pennsylvania’s highest court overturned his sexual assault conviction, saying he never should have faced charges after striking a non-prosecution deal with a previous district attorney more than 15 years ago. The split decision by the Pennsylvania Supreme Court on Wednesday (Thursday AEST), came after Cosby had served more than two years of a potential three- to 10-year sentence in a state prison following his 2018 conviction.

Source: Bill Cosby freed from prison after court overturns sexual assault conviction

Michaelia Cash’s former adviser won’t reveal who tipped him off on AWU raids | Australia news | The Guardian

David De Garis

Is this a cas of Contempt of Court? (ODT)

Michaelia Cash’s former media adviser has admitted in court that he leaked details of a federal police raid on the Australian Workers’ Union but declined to say who tipped him off.

via Michaelia Cash’s former adviser won’t reveal who tipped him off on AWU raids | Australia news | The Guardian

Aboriginal defendants are pleading guilty due to language and cultural barriers, legal officials warn – ABC News (Australian Broadcasting Corporation)

This applies equally to accused with mental health issues who’d rather plea guilty than attempt to defend themselves. Is it surprising that our jails are full with people who can’t or were incapable of defending themselves. the law is blind to the inequality of of our unders classes to defend themselves. Poverty isn’t the problem it the wealthy that are never satisfied that’s the disease. They have created an industry of lawyers and accountants to defend their action and avoid their taxes that leaves the state coffers bare to help those in need.(ODT)

“Sadly when it comes to court, if you’re not familiar, it’s a very frightening place, and people do not understand what’s actually happening.”

via Aboriginal defendants are pleading guilty due to language and cultural barriers, legal officials warn – ABC News (Australian Broadcasting Corporation)

Mark Latham’s ‘extraordinary’ defence in Osman Faruqi defamation case struck out | Australia news | The Guardian

Former ALP leader Mark Latham. A judge ordered him to ‘start from scratch’ in trying to justify comments about Osman Faruqi in a video on the Outsiders program.

Faruqi, a former editor of pop culture site Junkee and a former Greens candidate, launched his libel action last year after the former leader of the Labor party accused him of “aiding and abetting Islamic terrorism” and fostering “anti-white racism in Australia”.

But Justice Michael Wigney on Thursday rejected Latham’s 76-page defence and ordered him to “start from scratch” in trying to justify comments about Faruqi in a video on the Outsiders TV program last year called “The Rise of Anti-White Racism and Terrorist Plots in Australia”.

via Mark Latham’s ‘extraordinary’ defence in Osman Faruqi defamation case struck out | Australia news | The Guardian

Denmark’s High Court upholds people smuggling conviction for couple who gave Syrian refugees lift and biscuits | The Independent

Lisbeth-Zornig-refugees.jpg

Denmark’s High Court has upheld a people smuggling conviction for a couple who illegally “assisted” family of Syrian refugees by giving them a lift and a cup of coffee.

Source: Denmark’s High Court upholds people smuggling conviction for couple who gave Syrian refugees lift and biscuits | The Independent

This is the mind set of Lib/LNP Mind set….the Coalition way in Qld

Jeff Seeney

Jeff Seeney: Queensland deputy premier caught own officials by surprise with retrospective law change preventing possible prosecution of LNP donor

Queensland Deputy Premier Jeff Seeney caught government officials off guard when he ordered a last-minute law change that prevented the possible prosecution of a major LNP donor for what senior bureaucrats deemed illegal river quarrying.

Emails, briefing notes and other correspondence between senior officials and Department of Natural Resources and Mines Minister Andrew Cripps show no discussion about a change to the law before Mr Seeney ordered the amendment to the Water Act in early April.

The retrospective law change allowed Karreman Quarries to continue to extract millions of dollars worth of sand and gravel from the bed of the Upper Brisbane River at Harlin, north-west of Brisbane.

Karreman Quarries gave $50,000 to the Queensland LNP in 2011-12, putting it among the party’s top dozen donors. It gave $25,000 to the LNP the previous year.

Do you know more about this story? Email investigations@abc.net.au

It has also emerged that, since 7.30 revealed Mr Seeney’s role in June, the State Government allocated $1.6 million of taxpayer funds to restoring the slumped river banks of properties on the Upper Brisbane River, where for 20 years the owners have blamed quarrying for the damage.

Karreman Quarries told the ABC a consultant had advised it the operation was causing only “minimal impact” upstream.

Mr Seeney strongly denied the claims that he acted inappropriately and said that “to this day I have never spoken to the owners of this property about this issue”.

He said the change to the law was part of a long-held LNP policy goal to redress a state-wide problem over how watercourses are defined.

But documents obtained under Right To Information laws show officials worked for months to get Karreman Quarries to comply with the Water Act and stop quarrying the river bed, and there was no discussion of any prospective legislative change.

An aide to Mr Seeney even drafted a letter for him to sign on March 31 warning quarry owner Dick Karreman he lacked the permit required since 2010 for such quarrying. The letter was never sent.

Instead, just days later, Mr Seeney ordered an amendment be drafted that made prosecution of Karreman Quarries impossible and authorised the company to extract sand and gravel at Harlin for a further five years.

Karreman Quarries had told officials a court ruling in 2006 gave it rights to work the river bed.

“Looks like an amendment to fix a court ruling? Water Act or something?” wrote Andrew Freeman, chief of staff to Mr Cripps, in an email to colleagues on April 3 after hearing of the planned amendment.

Seeney and Newman promised to investigate quarrying claims

In ABC interviews in June, Mr Seeney and Premier Campbell Newman promised to investigate farmers’ claims that quarrying was causing the damage to their properties.

Mr Seeney said he had since sought briefings from the departments of Mines and Natural Resources and Environment and their ministers, and there was “no evidence of any connection at all” between the damage and the quarrying.

“What’s happening up there is a pretty typical example of bank slumping,” Mr Seeney said.

Bank slumping happens when slabs of the riverbank collapse. It can be caused by the removal of trees from the top of the bank, the deepening of the channel by erosion or dredging, or by the rapid lowering of flood waters after the saturation of the bank.

The farmers’ position is backed by eminent geomorphologist John Olley of Griffith University, who said Karreman Quarries was “effectively mining the upstream properties” because holes dug in the river bed inevitably migrated upstream as the channel sought equilibrium.

Mr Olley also warned that quarrying at Harlin dumped sediment into Lake Wivenhoe, the main supply of drinking water for Brisbane, increasing annual water treatment costs by hundreds of thousands of dollars.

He said Victoria and New South Wales had recognised the damage caused by this type of extraction and banned it 20 years ago.

Karreman Quarries said it had received legal advice that it had “accrued rights” to operate based on its history of extracting at Harlin. Allegations about the lawfulness of its operation and its impacts “were often made without a full appreciation of the legal position and have included factual inaccuracies”, it said.

However, according to the internal government documents, company owner Dick Karreman knew he would be breaking the law unless extraction stopped.

An official noted after Mr Karreman met Mr Cripps on March 11 that the quarry owner was “conscious that he would be committing an offence if he continues”.

Lawyers for Karreman Quarries have confirmed that the documents were an accurate record of the meeting.

But they said the company had told the Government it believed the removal of its rights by previous amendments to legislation was legally ineffective.

Emails warned of potential for court action

Emails show that government legal advisers, the director-general of the Department of Natural Resources and Mines and Mr Cripps worked together for months on a plan to go to court if needed to stop Karreman Quarries at Harlin.

“There is the potential for this to escalate to court action,” executive director in the south region Wally Kearnan wrote to director-general Brett Heyward on October 13, 2013.

On March 26 of this year Mr Kearnan wrote in an email to Mr Cripps: “No matter which way I tackle this it ends up back under the Water Act – hence why we did what we did. Anyway I have the surveyors working on a last ditch strategy but not hopeful.”

A site inspection on March 28 confirmed the extraction was still going on despite two departmental compliance notices.

Careful consideration will need to be given to how this outcome is communicated to the complainants, given they are … still unaware of this action and its failure to meaningfully address their concerns.

Department of Natural Resources and Mines investigator Fred Hundy

Mr Seeney told the ABC in June that it had always been LNP policy to amend the Water Act to clear up what he said was confusion left by reforms by Labor in 2010 about the definition of river banks.

But documents show that after the amendment had become law in May, officials were still unclear about the definition of “lower bank” and how the new provision would affect Karreman Quarries.

“We agree that further advice should be sought from those responsible for drafting the provisions as to what they had in mind for a ‘lower bank’,” department investigator Fred Hundy told regional manager Paul Sanders in an email on June 4.

Officials also had concerns about how the farmers would react to the unannounced change.

“Careful consideration will need to be given to how this outcome is communicated to the complainants, given they are, to my knowledge at least, still unaware of this action and its failure to meaningfully address their concerns,” Mr Hundy wrote.

Mr Seeney said the amendment was to prevent businesses that had operated for years being shut down by changes made by the previous Labor government in 2010.

“It’s a matter of property rights, it’s a matter of respecting the rights of property owners to not have their ownership eroded by a definitional change by government,” he said.

There is no mention in the correspondence of any risk to the viability of Karreman Quarries, one of Australia’s biggest quarry operators, or any other company.

Mr Seeney was unable to name any other company affected by the change to the law.

More right-wing rubbish

This painting was supposed to be worth a jail term.

  • November 1, 2014
  • Written by:
  • Hardly a week goes by without receiving an email from a right-winger about how boat people, greenies, Muslims, Aborigines (or any non-White, non-Liberal extremist) is undermining the entire fabric of Australia and the God fearing Western world.I usually press delete after reading two words of their crap.

    This one I read:

    In May 2010 Tohseef Shah spray-painted a British War Memorial with “Islam will dominate  Osama”.

    He was fined £50 and walked free  from court.

    In November 2010 Emdadur Choudhury burned a Poppy during the 2 minutes silence.

    He too was fined £50 and walked free from court.

    Last week in a Portsmouth Court two men were sentenced to 6 months in prison for painting a Poppy on a mosque [refer picture above].

    Pass this on, if you think it’s a disgrace.

    I know you will without question.

    It certainly would be a disgrace – if it were true. It turns out to be just more right-wing bullshit. It has been circulating vigorously via social media websites for over three years despite being a hoax. Yes, a hoax.

    Here’s what really happened:

    The specific stories mentioned in the message are mostly true (but the fines have been mixed up). Tohseef Shah was fined £500 in compensation, £85 court costs and two year conditional discharge for spray painting a memorial statue and Emdadur Choudhury was fined £50 for setting alight a poppy, and finally it is also true that two men have been imprisoned for 12 months for spray painting a mosque. The two men, Steven James Vasey, 32, and 24-year-old Anthony Donald Smith were convicted in Durham this month.

    At first glance, one may justifiably feel angry at this apparent injustice which makes the British justice system appear soft on racial crimes committed by minorities. But as with all brief and racially charged messages circulating the Internet, it does not really tell the whole story.

    Firstly, the two men sentenced for 12 months not only defaced a mosque but additionally put a brick through a window of an Asian run business and spray painted two other properties ran by Asians, and by the defendents own admission their actions were racially motivated and planned in advance – this in contrast to Tohseef Shah who`s actions were deemed to be political. Racially motivated crimes often receive heftier sentences and despite, for example, Emdadur Choudhurys crime of poppy burning being more controversial, strictly in the eyes of the law, the two men from Durham committed a more heinous crime.

    Sentencing is based on many different factors, especially including the severity of the crime and the judge handing the sentence and of course there will be what many percieve to be lighter sentences and heavier sentences given for what appear to be similar crimes of similar severity. However if you think that lighter sentences seem to be reserved for people who are of Asian descent you would be wrong, because a message like this will duly omit the numerous accounts of racial hatred aimed towards Muslims that have not been met with a custodial sentence, such as the case of Wayne Havercroft who was only fined for leaving a pigs head outside a proposed location for a mosque and a spray painted sign saying “No Mosque here. EDL” – or the Sunderland man who was only fined for spray painting a mosque.

    This message has picked three – albeit true – stories because they fit the overall meaning the message attempts to convey – hatred towards what the message creator believes to be a racially corrupt/soft justice system. Whilst one could reasonally argue that the two men from Durham did receive a significantly harsher sentence than both the men in the other two stories, it should be noted that these are just three stories and does not necessarily accurately reflect the way the British justice system convicts people of differing faiths.

    I have seen similar articles on this (and other sites) exposing and denouncing right-wing bullshit, and noticed that the authors of the particular articles have been condemned for publicising the right-wing propaganda. The authors have made the claim that they are merely attempting to set the record straight. If there is nobody willing to do so, then this rubbish will continue to fill our in-boxes and social media sites unchallenged.

    So if this email finds its way to you – you can do what I did – reply with a nice little note saying it’s a load of crap.