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Court to define miscarriage of justice

Millions of pounds in compensation for people wrongfully convicted hinges on decision by nine judges Britain’s most senior judges will decide this week whether hundreds of people whose wrongful convictions have been quashed by the court of appeal are truly innocent. In a landmark ruling, the supreme court will define the meaning of a miscarriage of justice and decide when individuals are entitled to official compensation. Millions of pounds in compensation are at stake in a case triggered by government refusal over the last five years to pay financial redress to victims of miscarriages of justice, many of whom have spent years in prison for crimes they did not commit. Andrew Adams, 41, who spent 14 years in jail after being wrongly convicted of murder, is the lead appellant in the case, which lawyers say is the most important constitutional decision to be made by the supreme court to date. His murder conviction was quashed in January 2007 on the grounds that his defence team did not use crucial evidence available to it. A year later he was refused compensation by the Home Office, a decision he has been fighting ever since. Other appellants are Barry George, who was refused official compensation after being acquitted at a retrial of the murder of the BBC presenter Jill Dando, and two men whose convictions for membership of the IRA and murder at the Diplock courts in Northern Ireland have been quashed. The ruling, on Wednesday, will have reverberations throughout the legal world and will determine whether compensation should be paid in several high-profile miscarriage of justice cases, including that of Sîon Jenkins, whose conviction for killing his foster daughter, Billie-Jo Jenkins, was overturned after juries failed to reach verdicts in two retrials. Lawyers for Adams told all nine supreme court judges that it was unlawful of the justice secretary to refuse in January 2008 to award Adams statutory compensation as a victim of a miscarriage of justice. Daniel Machover, who represents Adams, said: “We hope that the ruling will outline definitively what a miscarriage of justice is. It is a fact that a person is entitled to a presumption of innocence if they have their conviction overturned on the basis of a new or newly discovered fact. “The question is whether that presumption of innocence is enough to say, this is therefore a miscarriage of justice and everyone who has suffered a miscarriage of justice is entitled to compensation. That is what we are arguing: that the presumption of innocence equals the right to compensation.” The case focuses on the Gogovernment’s refusal to pay compensation to individuals who have applied since 2006, when changes were made to the system. Lawyers have told the supreme court that the government is wrongly adopting a narrow definition of miscarriage of justice which requires claimants to prove clear innocence in order to receive compensation. Schedules suggest up to 200 individuals could be affected. On average, around 40 individuals who have had convictions quashed or been acquitted at retrials have applied for official compensation each year since 2006. In the past year, only one out of 37 who applied was awarded the money. Nick Baird, for Barry George, said: “This will be the most important constitutional decision handed down by the supreme court. What the Ministry of Justice says is that for there to be a miscarriage of justice the person convicted and acquitted needs subsequent to that to prove their innocence in order to be entitled to compensation. “We say, how do you do that? How do you prove a negative? It is contrary to everything that I have learnt is embodied in the criminal justice system.” George spent eight years in prison after being wrongfully convicted of Dando’s murder in April 1999. He won his second appeal and the court ordered a retrial, at which he was acquitted. The Ministry of Justice has continued to argue that a miscarriage of justice occurs only where someone is eventually found to be “clearly innocent”. “This is an ongoing legal matter,” an MoJ spokeswoman said. “We will not be making any comment until the judgment is given.” UK supreme court UK criminal justice Jill Dando murder Crime Sandra Laville guardian.co.uk

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How do I choose my Twitter photo?

But that shouldn’t stop us discussing Kate’s wardrobe (in 140 characters or less) I have recently been lured in by the siren call of Twitter. How do I choose my photo for it? And is it acceptable to change my photo occasionally? Brian, London “The siren call”, you say, Brian? To those of us who have, amazingly, managed to resist the temptation to share our every passing thought about what’s happening on the telly with thousands of “followers”, and be bombarded by the thoughts of thousands of others doing the same, it is indeed a siren call, albeit not a Greek temptress siren but a screeching ambulance one that makes me want to put my hands over my ears and run in the opposite direction. Well, de gustibus non est disputandum , as I never say (because my taste is always right and everyone who disagrees is wrong): if you’re determined to be a twit, then I cannot stop you. But you raise an interesting point with the photo and you’re quite right that it is a tricky decision, mainly because no one seems certain what Twitter is for: is it a means of spreading news? Encouraging political revolution? Telling the world what you think about the death of Osama bin Laden? Ascertaining what Paris Hilton thinks about the death of Osama bin Laden? Self-promotion? One-liners about Kate Middleton’s wedding dress? Starting feuds with other people in your industry purely for procrastination purposes? Yes, yes, and five more times, yes. But the myriad of purposes requires not just a careful calibration of tones, but a very special photo. After all, a photo that suits, say, a disquisition on the naffness of Eurovision does not, perhaps, work so well when one is proclaiming the generation-changing nature of Bin Laden’s death (in 140 characters or less.) And no, you cannot hide behind what I guess is called the Twitter egg: that merely looks like you can’t be bothered and don’t care about the needs, expectations and entertainment of your followers. So somehow, you must find the perfect photo that suits all moods and proclamations. As if that wasn’t pressure enough, you’d better make sure that when you do choose a picture that it is the perfect one because you cannot change it. A change of photo suggests vanity and a deliberate attempt to change one’s image that is somehow forgivable on Facebook but not on Twitter. Twitter, you see, is supposed to be above such things, as you’d expect of a medium used to start revolutions (and express opinions on Kate Middleton’s dress). So you need to find the perfect photo, one that expresses wit, solemnity, intelligence, thunderous anger and awe-inspiring insider knowledge; a mash-up, if you will, of Christopher Hitchens, Paul Krugman, Stephen Colbert, David Remnick and Dorothy Parker, but also one that makes you look, you know, young and hot. And if you’re finding this stressful, wait until you realise that your devastatingly witty observation about David Cameron’s face hasn’t been retweeted once. Really, isn’t life hard enough? So we’ve all seen the wedding dress. Do we still have to care about how Kate Middleton dresses? Sarah, by email Oh my stars, yes. Now more than ever! But as with the Twitter, no one quite seems to know why because no one knows what the royal family is for (and, one might add, were one feeling particularly sarcastic, perhaps this in turn suggests that the confusion comes from the fact that the royal family and Twitter alike are not for anything at all. But let’s not start the week on the grumpy note we know it will end on). Even before Cinderella married Prince Charming, one writer hilariously came over all Dowager Countess of Grantham, despite writing for the most downmarket tabloid ever produced and she huffed and puffed like the big bad wolf over Kate’s shocking gumption in buying clothes from the – gasp – high street! “Staggeringly normal, mind-bogglingly cheap and disappointingly pedestrian,” sniffed the scribe, which is funny because that middle term is just what some of us think of the jibes thrown by this tabloid at la Middleton. And yet, insanely, Kate, somehow failed to follow this writer’s advice and continued to wear high-street clothes even after the wedding, prompting one American fashion blog to headline the photo, “Kate Middleton Steps Out in an $89 Polyester Zara Dress the Day After the Wedding.” The story itself was (sort of) positive, the superfluous reference to polyester was not. And so, in order to help the duchess, I have the perfect outfit that she should wear to satisfy one and all of her subjects: a Disney princess costume, which is just how princesses are supposed to dress. They appear to be only £20, true, but only Kate gets to have all of her dreams come true. Fashion Kate Middleton Twitter Internet Blogging Hadley Freeman guardian.co.uk

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Raw Video: Deadly Storm Strikes Philippines

Tropical storm Aere lashed the northeastern Philippines on Sunday, killing at least nine and forcing more than 100000 villagers to flee from farming towns threatened by landslides. (May 8)

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There’s a huge logic drop off in the Bush administration’s public relations push to elbow into credit for Bin Laden’s capture and killing. If what the Bush administration did–waterboarding, rendition, etc.–was effective in gathering information that led to locating Bin Laden, why would they have closed down the Bin Laden unit in 2005 ? Why would Bush go on record several times saying that he’s just wasn’t all that concerned about Bin Laden in 2006 ? For people eager to grab and hold credit for this killing, they didn’t seem to have a whole lot of work in that arena for the final years of the Bush administration. So when former CIA Director (and current Principal of the Chertoff Group ) comes on Fareed Zakaria GPS and says that the trail had been “cold” for some time, is that true…or is it more correct to say that the Bush administration–more interested in doubling down in the quagmire in Iraq than anything going on in Pakistan–just ignored the trail altogether? Hayden tries to rationalize that a US$25M bounty doesn’t mean that much to the tribal mentality in Pakistan. That may be true, but does that also take into account the fear of the Pakistanis of rendition for speaking up? Or the anger of predator drones in Pakistan killing innocent civilians making people less inclined to help the US? Here’s what it comes down to, although the Bushies simply don’t want you to realize it: The Bush administration actively ignored any alleged intelligence that they got for minimally five years in the hunt for Bin Laden, going as far as closing down the Bin Laden unit. And they will never–ever–be honest that their actions may have hurt any attempt to find him.

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Eric Holder To Fraud Squad: Oil Price Plunge Should Benefit Consumers

WASHINGTON — U.S. Attorney General Eric Holder sent a memo to the federal agencies involved in the president’s new Oil and Gas Price Fraud Working Group on Friday, urging them to take close look at the recent plunge in oil prices. The crude oil market fell 10 percent Thursday in a record sell-off. The sharp drop came amid concerns from several experts that excessive speculation in commodities markets was driving up gas prices for consumers. As Bart Chilton, a top regulator at the Commodities Futures Trading Commission (CFTC), has repeatedly noted, the number of speculative bets on oil and food are at record levels. The CFTC and Justice Department have had authority to monitor fraud and manipulation in the oil markets for decades. But President Barack Obama created the new oil market fraud squad in April to provide enhanced regulatory scrutiny of potential fraud and manipulation in the oil futures and derivatives markets. Holder’s Friday memo was not concerned with the causes for the oil market decline, only that no illegal activity prevents resulting lower prices being passed onto consumers. “As you are all aware, toward the end of this week oil prices dropped significantly,” the attorney general wrote. “Of course, there are lawful market forces that lead to price fluctuations and to differences between wholesale and retail price trends in these markets. This working group was created to identify whether fraud or manipulation played any role in the wholesale and retail markets as prices increased. If wholesale prices continue to decrease, fraud or manipulation must not be allowed to prevent price decreases from being passed on to consumers at the pump.” Some economists and analysts have suggested that, while increased scrutiny may be justified given heavy commodities trading, fraud cases are unlikely to significantly affect the price of gas. That’s because, as Holder noted in his memo to the working group, most speculation in oil and gas markets is perfectly legal. Sen. Bernie Sanders (I-Vt.) wants to change that. He sent a letter to Obama last week demanding that the CFTC impose new rules to crack down on excessive oil speculation by Wall Street traders. Last year’s financial reform bill requires the CFTC to craft rules reining in excessive speculation. But, citing inadequate market data, the agency failed to meet a key deadline on those rules earlier this year. A recent Washington Post/Pew Research Center poll found that Americans blame greed and speculation for the run-up in oil prices more than any other factor.

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How’s this for a job: Get paid to watch baseball, from the comfort of your own custom-designed cave. That’s reality for Mike O’Hara and Ryan Wagner. They beat out 10,000 others to win a Major League Baseball contest whose prize was to watch 2,430 games—sometimes 13 at…

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FOX Affiliate: Is ‘Glee’ Gay Teen Propaganda?

“Is TV too gay?” Thus is the question posed by Houston FOX affiliate KRIV-26 in a provocative interview which has GLAAD — and Glee fans — up in arms. FOX’s hit show Glee tackles some tough issues — from bullying to sexuality and beyond — which has helped to make it one of the most

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Jodie Foster Cooler On Gibson

Great Fun: Is Jodie Foster cooler on Gibson Is Jodie Foster cooler on Gibson . Actress and director Jodie Foster has staunchly defended friend and “Beaver” co-star Mel Gibson – until recently. Her defense appeared to be less strong on “Late Show With David Letterman” leading to … PassionOfTheMel says: Actress and director Jodie Foster has staunchly defended friend and “Beaver” co-star Mel Gibson – until recently…. http://dlvr.it/R20vh

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The pain of playing Shylock

What’s it like to play Shakespeare’s most controversial character? As a new RSC production opens, Patrick Stewart, Antony Sher and other former Shylocks reveal all Patrick Stewart Bristol Old Vic, 1963; Royal Shakespeare Company, 1978-9; stars in new RSC production Each time I come to Shylock , I come with a different perspective. The last time I played him, it was as a very brutal and angry man, a man not overly sensitive to the world around him, to his daughter, to Antonio. This time, I have found an individual who is more open and sensitive, still vengeful and angry but with seemingly more

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The nurse who blogged the tsunami

An anonymous blog written by a Japanese nurse as she cared for victims of the tsunami has given strength to survivors and fellow relief workers Few aid workers could have imagined the scenes that awaited them as they set out for north-east Japan in the immediate aftermath of the tsunami in March. For days after the waves destroyed vast stretches of the Tohoku region’s coast, patients filled the corridors of hospitals deprived of heat and water, and doctors examined thousands of patients, knowing essential drugs had been swept away by the walls of muddy water. And while they waited for supplies, they watched helplessly as elderly patients who had survived the tsunami succumbed to hypothermia. When aid workers arrived, they were greeted by scenes of devastation that would not look out of place in a war zone. But this tragedy was being played out in one of the world’s wealthiest countries, fewer than 200 miles from the neon-lit opulence of its capital, Tokyo. One of them, a nurse who was part of an emergency medical team dispatched from Tokyo, has written about her experiences in a blog that offers one of the most detailed accounts yet of the tsunami’s toll on the tens of thousands who survived. Thanks to an anonymous translator , every word of her online journal is available in English. The blog has received scant coverage in the mainstream Japanese media. But it has generated thousands of online comments, most of them messages of gratitude from evacuees and fellow aid workers, and others who simply drew strength from her words. The nurse has declined potential book and interview requests, and clung to her anonymity, as has the blogger who translated her journal into English in a single sitting. Painstakingly tapped into the nurse’s mobile phone at the end of exhausting days touring evacuation zones and hospitals, the blog chronicles eight days that begin with trepidation and end with a reluctant return to Tokyo. In between, there are moments of despair and optimism, even humour. And floods of tears. The blog opens with the nurse preparing for her imminent assignment to Rikuzentakata, a town in Iwate prefecture where 2,000 of the 23,000 residents died and 80% of its 8,000 homes were destroyed. Before they leave, she and her fellow medical workers are told what they can expect to find, and warned to keep their emotions in check. The team leader tells them: “The situation over there is beyond your worst imagination. If any of you have signed up with optimistic outlooks or [out of] a spirit of volunteerism, please leave the team now. “No matter what happens at the site, DO NOT CRY. We are not going there to express our sympathy. We are going there to provide nursing and medical care. If you think YOU want to cry, think about how much the people there want to cry. The tears of a rich medical team from Tokyo will only be bothersome or even insulting to them.” The nurse describes the moment she arrives in a snowbound Rikuzentakata, her nose irritated by a “sharp, burnt odour”, the only sound that of military and media helicopters circling a town that, aside from a few gutted buildings, no longer exists. Her journey on foot to an evacuation site is punctuated by pauses to clasp her hands in prayer as troops pull yet another body from the rubble. She spends the first of many nights sleeping on the floor, “packed like sardines, regardless of gender” in a prefabricated hut located next to a makeshift mortuary. At the end of that first night, exhausted but unable to sleep, she begins her chronicle, pausing occasionally in a futile attempt to seek comfort in browsing old photos and messages from friends: “I’d held in my tears all day, so I wrapped myself in a bath towel and cried until morning came.” On her walks through ruined neighbourhoods she encounters residents in shock and eager to share their experiences with someone from the outside: “They tell us that a pitch-black tsunami about 15 metres high went back and forth and swallowed everything whole. There were many people who were washed away while preparing to run or even while running away after the call for evacuation was made. “We have religious ceremonies several times a year to pay respect to the ocean, and we’ve always lived feeling grateful . . . for the ocean, and still . . . our guide was shedding tears as we walked. “I was already on the verge of crying myself, but I promised not to cry no matter what, so I turned my eyes away from reality and watched the clouded sky instead. “As the wind blows, a sepia-colored photograph and a new year’s greeting card with a picture of someone’s baby come flying to my feet. And at every step or two, there is a red flag fluttering in the wind. A whole slew of flags – too many to even begin to count. These red flags are standing to mark places where bodies have been found. “An old lady is standing in front of one of the flags. She might be about the same age as my own grandmother. ‘Dear nurse from Tokyo, there was a house here that my husband worked so hard to build after the war. He never got sick once but now he’s dead.’ “It was impossible not to cry.” The extraordinary speed with which tens of thousands of troops cleared rubble from the roads through Rikuzentakata and dozens of other communities was a symbolic, yet ultimately cosmetic, sign of recovery. Beneath the ruins, the human tragedy was still unfolding: “The streets have been fixed, and much heavy machinery has finally come into Rikuzentakata. And as the rubble is cleared, many dead bodies have emerged. “Beneath the rubble, I heard the ringtone of a cell phone that finally had reception since the system recovered the day before. It was very difficult . . . painful when the body of a pregnant woman came out.” Her moments of self-doubt – she muses on the futility of applying bandages to people suffering deep emotional trauma – are offset by small triumphs: the appearance of the sun after days of snow, the arrival of medical supplies, and a “gourmet” meal of rice balls, bread and Yakult. The unannounced return of lighting to one shelter is greeted by spontaneous applause: “When everyone’s effort takes shape in a visible form like this, it makes me feel like I’ve been pushed forward to work harder than ever before.” The nurse witnesses firsthand the two most painful threads running through Japan’s post-tsunami narrative: the large number of elderly victims, and the displacement of tens of thousands of children. Police figures released last week show that more than two-thirds of the 11,000-plus victims identified so far were aged 60 or over – and that 90% of them had drowned. The advanced age of many of those who died has come to be a defining characteristic of the tsunami. Japan has one of the greyest societies on earth; in the Tohoku region, the over-64s make up almost a third of the population. They also comprise a large proportion of the shelters’ inhabitants. In the first week after the tsunami, Japanese media carried a report about troops arriving at a hospital in Futaba, 10km from the Fukushima nuclear power plant, to find 128 elderly patients, some of them comatose, who had apparently been left to fend for themselves. Fourteen later died, including two who did not last the bus journey to an evacuation centre. No one knows for sure yet how many children have lost both parents, although the official count is already more than 100. They include a four-year-old girl now living with her grandmother, and a teenage brother and sister who were taken in by their dance instructor. In one of her most emotional posts, the nurse writes about her friendship with an “adorable” six-year-old girl named Luna, whose mother’s body was pulled from the rubble clutching her daughter’s favourite dolls and books. In another passage, she recounts talking to a young boy who is poring over a mud-spattered comic about Doraemon, a blue cat with magical powers: “I talked to a boy who had a fever and a loss of appetite. He showed me a Doraemon book covered in mud. I asked him what his favourite was of all of Doraemon’s tools. ‘I used to like the ozashiki tsuribori (indoor fishing mat), but now my favorite is the taimu furoshiki (wrapping cloth of time). I want to wrap up the whole city with the taimu furoshiki and make it go back to how it was before the earthquake.” By the time the nurse returns to Tohoku in the summer, the medical focus will have shifted from the acute to the chronic phase, as people run the risk of succumbing to illnesses associated with life as evacuees: blood clots, stress-induced ulcers, pneumonia, high blood pressure and depression. Children will require counselling to overcome the trauma of seeing their homes and, in some cases, relatives and friends swept away. In April , many began a new academic year in schools with too many empty desks. Health workers are bracing themselves for a dramatic rise in the number of people with mental health problems, particularly among those who face months living in cramped shelters. Long-term care will require efforts as heroic as those that earned Takeshi Kanno, a 31-year-old doctor in Minamisanriku who saved countless lives on the day of tsunami, a place in TIME magazine’s 100 most influential people. “For a lot of people who up until this point have been able to ignore reality and what actually happened, as they get back on their feet they realise that their house is gone, or their children are dead, and they’re being forced to confront these facts,” said Toru Hosada, a volunteer doctor in Yamada, a port town in Iwate prefecture. “A lot of them are extremely uncertain as to what they can do.” Meanwhile, the anonymous nurse’s blog seems to have brought comfort to many readers. “On behalf of the people of Iwate and the whole Tohoku region I want to express my appreciation for your work. Thank you,” says one. Another, who has family in Rikuzentakata, writes: “There are many people whose homes have been swept away, their relatives swallowed up by the sea or saved. Knowing that you are there makes me feel better about not being there myself. It might make you angry to hear this, but please shed tears for all of those who have died. Thank you so much. It’s dangerous underfoot there, so please take care.” As she prepares to return to Tokyo on 23 March, the nurse is no longer troubled by the minor deprivations of life in the field. She “bathes” with baby wipes, stops fretting about her “sticky hair” and cleans her “dirty, makeup-less face” using tissues moistened with oolong tea. And as for the town she entered with such foreboding just over a week earlier: “Rikuzentakata has become my second home, and I wish for the restoration of my homeland with all my heart . . . “The truly hard times are still ahead of us. As news about the disaster begins to disappear from the TV and other media outlets, everyone else will start to forget, and the problems faced in the affected areas will only increase. More people falling ill, more sadness. It is of course a good thing that the rest of us make an effort to be cheerful and strong and return to our usual lives as best we can, but we must never forget about March 11.” Read blog in English jkts-english.blogspot.com or Japanese blog.goo.ne.jp/flower-wing Japan disaster Japan Justin McCurry guardian.co.uk

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