Coca-Cola CEO Muhtar Kent thinks US corporations are at a disadvantage compared to those based elsewhere thanks to America’s labyrinthine tax code, he told the Financial Times in an interview published late last night. “I believe the US owes itself to create a 21st-century tax policy,” Kent opined. His biggest…
Continue reading …Lord chief justice says if other crown courts had circulated alternative tariffs it would have been a ‘recipe for chaos’ A Manchester judge who made influential comments on sentencing offenders in the immediate aftermath of the August riots has been criticised by the appeal court. If other crown courts had circulated alternative tariffs for various crimes it would have been a “recipe for chaos” in the judicial system, the lord chief justice, Lord Judge, warned. Disapproval of the comments by Judge Andrew Gilbart QC, the recorder of Manchester, came from all three judges sitting in the appeal court on Tuesday as they began considering the first cases to come before them from the summer disturbances. The hearing follows concerns expressed last month by senior legal figures that some prison terms imposed on rioters were unduly harsh. The former director of public prosecutions, Lord Macdonald, cautioned that the courts risked being swept up in a “collective loss of proportion”. Opening the appeal cases, the judges – Lord Judge, Lord Justice Thomas and Lord Justice Leveson, said they would view BBC television news coverage of the riots before they decided whether any of the sentences handed down were disproportionate; they would only watch material already broadcast. Nine men and one woman are appealing against what their lawyers allege was the “manifestly excessive” length of their custodial sentences. None are challenging their convictions. Only three of the appellants – Lorriane McGrane, a 19-year old Territorial Army soldier, from Peckham, south-east London, Enrico Vanasco, a 25-year-old chef from Manchester and Hassan Koyuncu, an 18-year-old from north London – appeared in court. Two of the appellants, Jordan Blackshaw, 20, from Northwich, Cheshire, and Perry Sutcliffe-Keenan, 22, from Warrington, Cheshire, had posted notices on Facebook inviting people to participate in riots in their home towns. Both received four years in prison. Their lawyers told the court that what their clients had done was “monumentally foolish”, “hugely stupid” and “hugely shortsighted”. Gareth Roberts, representing Blackshaw, said the judge imposing the sentence “had failed to consider the leading authorities in relation to riot sentences [set] following the Bradford riots [in 2001] where sentences of four years were given to those carrying crossbows and wielding scaffolding poles.” But the lord chief justice implied that the appeal court viewed this summer’s disturbances as more serious because they were far more widespread. “[The Bradford cases] are not guideline cases,” he said. “The Bradford riots were confined to Bradford. One of our concerns is that these were nationwide. At the moment we are inclined to consider that we should take that into consideration.” Addressing the ‘guidelines’ formulated by Gilbart in Manchester as the courts began to process offenders, the appeal court justices were equally dismissive. Leveson, who is also chairman of the Sentencing Council, said: “What concerns me is that the judge … started to give sentence ranges … for offences with which he was not concerned. That’s not even something this court does.” Gilbart has previously said that he did not disregard sentencing guidelines. Thomas described the tariffs for offences set out as “wholly alien to the common law” and a new departure. The riots were not “unprecedented”, the appeal court judges added, citing the 1981 Toxteth disturbances which sparked copycat riots in other English cities. Among the 10 cases before the appeal court is that of Stephen Carter, 26, of Salford, who received 16 months for picking up a bag of clothes hidden in bushes during Manchester’s riots. The clothes had been looted from nearby shops. He had committed the offence, his counsel, Helen Richardson said, within the sight of police officers. Sentencing for offences of dishonesty were “disproportionately enhanced,” she told the court. “The premium added for offences of dishonesty [as opposed to violence] was too high in the circumstances.” Another appellant, David Beswick, 31, a coach driver from Eccles, is appealing against his 18 month sentence. He had been caught with a TV in his car. He told the police at the time that if his vehicle had not run out of petrol, it “might have been a different story”. David Perry, QC, for the crown, acknowledged that it was not the function of a crown court judge to formulate guidelines but he said: “Underlying [Judge Gilbart's] concerns was consistency. The problem facing the judges was extremely difficult. “It wasn’t an easy sentencing exercise. … There was a structural problem. There’s a tension between consistency at the time of sentencing and afterwards when the court of appeal first has an opportunity to see what is the right approach.” According to figures released by the ministry of justice, three-quarters of those appearing in court for riot-related offences had criminal records. Judgment on the 10 appeals is expected next week. UK riots Court of appeal Crime Police Manchester Lord Justice Leveson Facebook Owen Bowcott guardian.co.uk
Continue reading …NoW’s former chief reporter taking defunct tabloid’s publishers to an employment tribunal, claiming he was a whistleblower A News of the World reporter at the heart of the phone-hacking scandal is taking the defunct tabloid’s publishers to an employment tribunal, claiming he was a whistleblower. Neville Thurlbeck, the paper’s former chief reporter, is claiming that he was unfairly dismissed by Rupert Murdoch’s News Interrnational. There is scheduled to be a preliminary employment tribunal hearing in east London this Friday. It has only just come to light that Thurlbeck – who had been behind a string of high-profile exclusives at the News of the World – had been fired by the company. News International said: “We will vigorously contest this case.” Thurlbeck was arrested in April on suspicion of unlawfully intercepting mobile phone voicemail messages but remained on the payroll of the paper until recently, possibly this month. Thurlbeck has been a key figure in the phone-hacking scandal – his name appeared on an email sent to private investigator Glenn Mulcaire which contained a transcript of messages left on a mobile phone belonging to professional footballers association chief executive Gordon Taylor. This “for Neville” email took centre stage in July when Rupert Murdoch and his son James appeared before MPs who believed it was evidence they knew phone hacking was not limited to one “rogue reporter” at the paper. Both the Murdochs denied this was the case. Employment law experts say it is only possible to use the Public Interest Disclosures Act – which protects whistleblowers from losing their jobs – in particular circumstances. Ruth Neil, of employment law firm Stone Joseph, said that there are “very specific rules” in terms of what an individual whistleblower can claim under the act. She said to use it as a defence it was necessary to have reported any alleged wrongdoing to another person in authority, such as a police officer or other public servant. A source familiar with the matter said Thurlbeck’s use of the whistleblower’s defence was “an extraordinary tactic to deploy”. Neil said that it can be used as a defence if confidential information is disclosed about an employer, which is normally a breach of common law. If he wins his case it will also entitle him to unlimited damages. Normally compensation for unfair dismissals are capped at £68,400. The sums involved in whistleblowers’ cases can be enormous by comparison. An NHS manager unfairly dismissed “as a whistleblower” over plans to relocate cancer services out of his county was awarded £1.2m in compensation. Last week Thurlbeck was at the centre of a privacy action in France relating to a 2008 “exclusive” concerning Formula one boss Mosley who was awarded £60,000 in 2008 after winning his privacy action against the Sunday tabloid in the UK. In a separate development, Thurlbeck answered police bail along with two former News of the World journalists, Ian Edmondon, the paper’s former assistant editor (news) and reporter James Weatherup. Thurlbeck and Edmondson were bailed until March. Thurlbeck could not be reached for comment. Phone hacking News of the World National newspapers Newspapers Rupert Murdoch Newspapers & magazines Employment tribunals Work & careers Lisa O’Carroll guardian.co.uk
Continue reading …One man rescued by ambulance service but another killed at Kellingley colliery A miner has died after a roof collapsed in one of Britain’s deepest remaining mines. Emergency services were called to Kellingley colliery, in Knottingley, North Yorkshire at around 5pm after the incident in the 800 metre deep pit. Two men were trapped and, following a rescue operation, UK Coal said that one of the men died and the other was receiving treatment after he was trapped by the leg. An emergency call was made shortly before 5pm after the two men reportedly became trapped up to their waist by debris. A specialist hazardous area response team from the Yorkshire ambulance service, whose members are trained to work underground, played a key role in the operation. The team was joined by fire crews and doctors. Gareth Williams, managing director for coal mining for UK Coal, said: “UK Coal can confirm a fall of roof occurred at 4.35pm which trapped two of our colleagues. “Colleagues successfully recovered one of the two employees trapped by the lower leg. He is now on the surface. “UK Coal regrets to confirm the second colleague was confirmed dead by our own team, despite our best efforts.” Williams said the company’s thoughts were with the families of the miners. The fatality comes after four men died in a flooded south Wales colliery earlier this month in the UK’s worst mining disaster for 30 years. Kellingley colliery has been the site of a number serious accidents in the past, some fatal. Ian Cameron died at the colliery after an equipment failure in October 2009 while Don Cook died in a rock fall in September 2008, At the time, UK Coal received summonses from the Health and Safety Executive relating to four deaths in separate incidents at its collieries. UK Coal evacuated 218 workers last year after methane gas seeped into the area and ignited. The colliery supplies local power stations and produces some household coal. UK Coal Mining Ben Quinn guardian.co.uk
Continue reading …Chancellor faces widespread scepticism to enlarging eurozone bailout fund among German public and her own MPs Germany pledged support to Greece today in a desperate effort to shore up the eurozone, but fell short of revealing the package of measures that the markets hope will be enough to save the single currency. The chancellor, Angela Merkel, pledged solidarity at a meeting with her Greek counterpart, George Papandreou, just two days ahead of a crucial vote in the German parliament on the expansion of the bailout fund, which is regarded as the first step to increasing the firepower of the eurozone countries enough to buy up bonds and buttress troubled banks. However, conscious of animosity among the majority of German voters towards helping the less prudent nation, Merkel attached strings to her support, calling on Greece to “do its homework” in implementing painful cuts and reforms. The pair who avoided any talk of a Greek default, orderly or otherwise, or of any multitrillion-euro rescue plan, ahead of a dinner in Berlin on Tuesday night. Even so, stock markets rebounded strongly on hopes that the deal that emerged over the weekend at the International Monetary Fund meeting in Washington – to “leverage” the spending power of the €440bn (£382bn) bailout fund to €2tn, in conjunction with lending from the European Central Bank – was being worked on behind the scenes. But before the European Financial Stability Facility can be beefed up, the bailout fund’s strengthened mandate must be ratified by parliaments across the eurozone. On Thursday the Bundestag will vote on whether to increase the powers of the EFSF – the forerunner of the permanent rescue facility, the European Stability Mechanism, due to come into force in 2013. However, three out of four Germans are against the move, which would raise the country’s contributions to the pot from €123bn to €211bn. Some parliaments do not vote until the middle of next month and also face opposition from a sceptical public. Support from Germany’s opposition Social Democrat (SPD) and Green parties mean the bill is almost certain to pass. The question is whether Merkel will be able to command the so-called “chancellor majority” using only votes from her increasingly shaky coalition. She needs 311 of her coalition’s 330 MPs to vote for the bailout if she is to go it alone and prove she is still in control. Failure to do so could not only trigger the collapse of the government but harm the entire European project, analysts said. But there is scepticism. Carsten Schneider, a politician from the SPD, said it was “not acceptable” that the government was already adapting behind the scenes the very plans the Bundestag was being asked to vote on on Thursday. “Parliament will be systematically circumvented if [these] plans are not laid on the table before the vote,” he said. One rebel from the chancellor’s Christian Democratic party (CDU) said he believed the bill would solve nothing. “I’m voting ‘no’ on Thursday because I am of the view that in the best-case scenario, this expanded bailout fund will merely buy us time. It won’t solve the problems in the long run,” said Wolfgang Bosbach, an influential MP who chairs the parliament’s committee on internal affairs and who is not known as a eurosceptic. “The question needs to be answered: how we are going to deal in the long term with those states in the eurozone who are hopelessly indebted and are not in the position to finance themselves.” He said he was refusing to bow to demands from party whips to toe the line but admitted the pressure was there. He said he expected “five to 10″ other MPs from the CDU or its Bavarian sister party, the Christian Social Union (CSU), to vote against the government. Several politicians from the Free Democrats (FDP), the other coalition party, are also expected to rebel. They were meeting on Tuesday afternoon to debate the forthcoming vote. The Greek prime minister had travelled to Berlin to bolster support for his beleaguered nation. Papandreou gave an impassioned address to leaders of German industry, appealing to his European partners to help him tackle the country’s debt crisis. “I promise you, we Greeks will soon fight our way back to growth and prosperity after this period of pain,” he said. Papandreou said he understood the reluctance of taxpayers in other European Union countries to help his country out of its crisis but said it was not an investment in the mistakes of the past, rather in the success of the future. “The eurozone must now take bold steps toward fiscal integration to stabilise the monetary union. Let’s not allow those who are betting against the euro to succeed,” he said. In her own speech to the Federation of German Industries (BDI), Merkel pledged her support. “We will provide all the help desired from the German side so that Greece regains trust,” she said. “If the stability of the euro is at stake – and the experience of the last few years [tells us] that the difficulties of one country endanger our common currency – then that obliges us to show solidarity within the common currency. “We will help if the country does all it can in terms of its own homework,” she said, also reiterating her opposition to common debt issuance in the eurozone – the much-discussed eurobonds. A poll this month showed that 76% of Germans are opposed to granting any further aid to Greece and the mass-market Bild newspaper reflected public hostility to further bailouts by insisting Merkel should be tough on Papandreou. “This is what you have to tell the Greek prime minister to his face, Frau Merkel,” wrote the paper, listing demands ranging from ensuring taxes were paid to getting rid of the bloated state apparatus and “thinking the unthinkable” – namely default, a debt restructuring and even leaving the eurozone. European debt crisis Germany Europe Angela Merkel Euro Europe European monetary union European Union Greece Helen Pidd guardian.co.uk
Continue reading …Not only did President Obama get heckled at his own fundraiser last night—he got called the Antichrist. “Christian God is the one and only true living God! The creator of Heaven and the Universe!” shouted a man in the front row of the House of Blues in West Hollywood….
Continue reading …Suspected Islamist militants today attacked a gas pipeline in Egypt’s Sinai Peninsula that transports fuel to neighboring Israel and Jordan, officials say. The attack, which targeted a pumping station about 15 miles west of the city of el-Arish, is the sixth on the pipeline since the popular uprising that ousted…
Continue reading …Jon Stewart tackled the latest Republican debate on the Daily Show last night, and the Republicans’ seemingly insatiable desire for more candidates. He summarily dismissed Rick Santorum’s opposition to gays in the military (“What planet do you f***ing live on?”) and joined the dog pile mocking Rick Perry . After a…
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