Victims’ lawyers condemn ‘scandalous’ defence that Catholic priests are not legally employees of the church Victims of sexual abuse by priests will no longer be able to sue the Catholic church for damages if a landmark judgment rules that priests should not be considered as employees. In a little publicised case heard this month at the high court, the church claimed that it is not “vicariously liable” for priests’ actions. The church has employed the argument in the past but this was the first time it had been used in open court and a ruling in the church’s favour would set a legal precedent. The use of the defence raises further questions about the church’s willingness to accept culpability for abuse. It follows a damning report into abuse at the diocese of Cloyne in Ireland which prompted the Irish president, Mary McAleese, to call on leaders of the church “to urgently reflect on how, by coherent and effective action, it can restore public trust and confidence in its stated objective of putting children first”. Those planning to bring claims in relation to the high court case expressed dismay. “As children, we weren’t given an innocent, carefree and safe environment,” said one. “We weren’t given a peaceful structure in which to grow and develop normally. By some miracle, some of us are still here to voice the words of so many who can’t. Only a small number of victims ever come forward. The full potential of who we could have been as adults has been stolen.” The church’s defence has been condemned by lawyers. “I think the Catholic church’s attempt to avoid responsibility for the abhorrent actions of one of its priests is nothing short of scandalous,” said Richard Scorer of the law firm Pannone, which specialises in abuse cases. “The Catholic church would be better served by facing up to its responsibilities rather than trying to hide behind spurious employment law arguments.” The ruling is being made as part of a preliminary hearing into the case of “JGE”, who claims to have been sexually abused while a six-year-old resident at The Firs, a children’s home in Portsmouth run by an order of nuns, the English Province of Our Lady of Charity. “If we fail, it would mean that no other victims of Catholic priests would be able to be compensated,” said Tracey Emmott of Emmott Snell, a specialist in working with sexual abuse claims who is representing JGE. JGE alleges that she was sexually abused by Father Wilfred Baldwin, a priest of the Roman Catholic diocese of Portsmouth and its “vocations director”, who regularly visited The Firs during the 70s. Her legal team claim the nuns were negligent and in breach of duty, and that the diocese was liable for Baldwin’s alleged abuse as he was a Catholic priest engaged within the work of the diocese. Previous hearings in the House of Lords and the court of appeal relating to other church organisations have found that ministers should be treated as employees. But there has been no judgment yet on whether the relationship between a Catholic priest and his bishop is akin to an employment relationship. “They claim that the relationship between the bishop of the diocese and the parish priest in question does not amount to anything akin to a relationship of employment, and therefore there cannot be any ‘vicarious liability’ for the priest’s acts,” Emmott said. “That is to say, whatever sexual abuse their priests might commit, it is not their responsibility. They are absolved of blame. We need to show that, while Father Baldwin wasn’t strictly an employee of the church, he was acting on the bishop’s behalf and that the bishop clearly had a degree of control over his
Continue reading …Victims’ lawyers condemn ‘scandalous’ defence that Catholic priests are not legally employees of the church Victims of sexual abuse by priests will no longer be able to sue the Catholic church for damages if a landmark judgment rules that priests should not be considered as employees. In a little publicised case heard this month at the high court, the church claimed that it is not “vicariously liable” for priests’ actions. The church has employed the argument in the past but this was the first time it had been used in open court and a ruling in the church’s favour would set a legal precedent. The use of the defence raises further questions about the church’s willingness to accept culpability for abuse. It follows a damning report into abuse at the diocese of Cloyne in Ireland which prompted the Irish president, Mary McAleese, to call on leaders of the church “to urgently reflect on how, by coherent and effective action, it can restore public trust and confidence in its stated objective of putting children first”. Those planning to bring claims in relation to the high court case expressed dismay. “As children, we weren’t given an innocent, carefree and safe environment,” said one. “We weren’t given a peaceful structure in which to grow and develop normally. By some miracle, some of us are still here to voice the words of so many who can’t. Only a small number of victims ever come forward. The full potential of who we could have been as adults has been stolen.” The church’s defence has been condemned by lawyers. “I think the Catholic church’s attempt to avoid responsibility for the abhorrent actions of one of its priests is nothing short of scandalous,” said Richard Scorer of the law firm Pannone, which specialises in abuse cases. “The Catholic church would be better served by facing up to its responsibilities rather than trying to hide behind spurious employment law arguments.” The ruling is being made as part of a preliminary hearing into the case of “JGE”, who claims to have been sexually abused while a six-year-old resident at The Firs, a children’s home in Portsmouth run by an order of nuns, the English Province of Our Lady of Charity. “If we fail, it would mean that no other victims of Catholic priests would be able to be compensated,” said Tracey Emmott of Emmott Snell, a specialist in working with sexual abuse claims who is representing JGE. JGE alleges that she was sexually abused by Father Wilfred Baldwin, a priest of the Roman Catholic diocese of Portsmouth and its “vocations director”, who regularly visited The Firs during the 70s. Her legal team claim the nuns were negligent and in breach of duty, and that the diocese was liable for Baldwin’s alleged abuse as he was a Catholic priest engaged within the work of the diocese. Previous hearings in the House of Lords and the court of appeal relating to other church organisations have found that ministers should be treated as employees. But there has been no judgment yet on whether the relationship between a Catholic priest and his bishop is akin to an employment relationship. “They claim that the relationship between the bishop of the diocese and the parish priest in question does not amount to anything akin to a relationship of employment, and therefore there cannot be any ‘vicarious liability’ for the priest’s acts,” Emmott said. “That is to say, whatever sexual abuse their priests might commit, it is not their responsibility. They are absolved of blame. We need to show that, while Father Baldwin wasn’t strictly an employee of the church, he was acting on the bishop’s behalf and that the bishop clearly had a degree of control over his
Continue reading …Prosecution of ‘ringleaders’ of Fortnum & Mason demo is effort to halt direct action protests, say critics They were, say prosecutors, the ringleaders of one of the most high-profile protest acts of recent years – the occupation in March of the luxury Fortnum & Mason store in Mayfair during an anti-cuts demonstration. But supporters of the 30 activists whose trial starts this week say their treatment is irrational and vindictive, and that charges of aggravated trespass should be lifted, as they were for more than 100 of their fellow UK Uncut activists last week. Lawyers have written to the Crown Prosecution Service ahead of hearings, claiming that the continued targeting of selected activists could amount to a misuse of the law to undermine peaceful protest. Prosecutors remain intent on taking 30 “ringleaders” to trial. Critics claim police are pushing ahead with the case in order to “break” UK Uncut and put an end to the growing trend for “direct action” by demonstrators. Protesters in Fortnum & Mason were told by police that they would not be arrested if they left the store peacefully, but it emerged last week that their subsequent detention had been planned. A letter sent by law firm Bindmans to Alison Saunders, the chief Crown prosecutor, and to Keir Starmer, the director of public prosecutions, on Friday claims that the CPS and police have attempted to distort the intentions of protesters and “portray the core of this action as disorderly and violent”. Mike Schwarz, a solicitor for Bindmans, also said the Metropolitan police had failed to answer a query in April over whether undercover officers had been involved in the Fortnum & Mason protest against tax evasion. The lawyer has requested that any information relating to undercover officers “in the infiltrations of the demonstrations or prosecutions” of any of those arrested at Fortnum & Mason be disclosed. Last week the convictions of 20 environmental protesters for attempting to shut down a power station were quashed after judges ruled that crucial evidence recorded by a police spy, Mark Kennedy, had been withheld. Lawyers claim they have received no evidence that any of the 30 still facing prosecution were in any sense “organisers” of the UK Uncut occupation of the luxury department store on 26 March, which coincided with the TUC anti-cuts march in London. The group says it has no central leadership. The Observer has learned the details of the cases assembled by prosecutors against the activists, including the sometimes bizarre grounds selected for identifying the supposed organisers of the protest. A 24-year-old man is facing trial on the basis that “he entered the store with a placard”. Lawyers from Hodge Jones & Allen, who are also representing the protesters, say no information has been provided relating to when he acquired the placard or even what it stated. In a separate letter to the CPS, solicitor Raj Chada, head of the protest law team at Hodge Jones & Allen, said: “We understand that the banner is in relation to ‘anti cuts’ generally, rather than specifically UK Uncut, and is similar in type to others carried by the 500,000 who attended the March for the Alternative.” Chada said it was bizarre that protesters would escape prosecution simply because they were not holding a placard. “One individual will face no criminal prosecution; the other faces a prosecution that can subject the defendant to a potential prison sentence of three months. This is decision making that is arbitrary, irrational and unreasonable.” Others charged include a 23-year-old woman, who “unfurled a notice on the stairwell” of the store. Another protester is facing prosecution “due to her placing leaflets on displays”. A third is referred to in the documents as “carrying an umbrella into the store”. One 22-year-old participant is accused of carrying UK Uncut cordon tape and more than 50 printed signs stating: “Big society, revenue and customs: if they won’t chase them, we will.” Prosecutors, according to lawyers, also targeted people caught carrying 20 or more UK Uncut leaflets. “The Crown has treated this as a ‘tick box’ exercise rather than a proper evidential evaluation of organisational involvement,” said Chada. Some activists have been targeted on the basis of previous convictions of aggravated trespass. Bindmans’ letter points out that some have convictions for aggravated trespass during protests in 2009 at Ratcliffe power station, the case that became notorious for the role of Kennedy. Schwarz said the singling out of UK Uncut members over previous protests would seem “to an outside observer irrational and vindictive”. The CPS, however, maintained yesterday that there is “sufficient evidence against the 30″ for them to face trial. A spokesman said: “We have identified 30 defendants whose actions, the evidence shows, were more culpable than the others, such as where there is evidence that they organised the action, or where defendants have relevant previous convictions.” Seventeen of the protesters will appear at a City of Westminster magistrates court tomorrow. Thirteen have already denied the charges against them, and the rest are expected to follow suit. About 150 activists were arrested in Fortnum & Mason despite holding what Chief Inspector Claire Clark described as a non-violent and “sensible” demonstration. As they left the store, the activists were handcuffed and taken to London police stations, where they were held in cells for up to 24 hours. Three days after the arrests, Lynne Owens, assistant commissioner of the Met, told the home affairs select committee that police arrested so many people that day because it gave them “important intelligence opportunities”. The case has proved embarrassing for the Met, with claims that the senior officer at the heart of policing the demonstration deceived protesters into a mass arrest. Video footage shows Clark denying that anyone would be detained after leaving Fortnum & Mason. UK Uncut sources claim that the Met was so desperate for intelligence on the relatively new protest group that it undertook mass arrests to learn more about the command structure of the organisation. The 30 alleged ringleaders include teachers, charity workers, town planners and religious studies tutors who lawyers say have had their lives “severely disrupted” since their arrest four months ago. The trials, if they go ahead, are likely to be held in November. UK Uncut Protest Tax avoidance Corporate governance Mark Townsend guardian.co.uk
Continue reading …Prosecution of ‘ringleaders’ of Fortnum & Mason demo is effort to halt direct action protests, say critics They were, say prosecutors, the ringleaders of one of the most high-profile protest acts of recent years – the occupation in March of the luxury Fortnum & Mason store in Mayfair during an anti-cuts demonstration. But supporters of the 30 activists whose trial starts this week say their treatment is irrational and vindictive, and that charges of aggravated trespass should be lifted, as they were for more than 100 of their fellow UK Uncut activists last week. Lawyers have written to the Crown Prosecution Service ahead of hearings, claiming that the continued targeting of selected activists could amount to a misuse of the law to undermine peaceful protest. Prosecutors remain intent on taking 30 “ringleaders” to trial. Critics claim police are pushing ahead with the case in order to “break” UK Uncut and put an end to the growing trend for “direct action” by demonstrators. Protesters in Fortnum & Mason were told by police that they would not be arrested if they left the store peacefully, but it emerged last week that their subsequent detention had been planned. A letter sent by law firm Bindmans to Alison Saunders, the chief Crown prosecutor, and to Keir Starmer, the director of public prosecutions, on Friday claims that the CPS and police have attempted to distort the intentions of protesters and “portray the core of this action as disorderly and violent”. Mike Schwarz, a solicitor for Bindmans, also said the Metropolitan police had failed to answer a query in April over whether undercover officers had been involved in the Fortnum & Mason protest against tax evasion. The lawyer has requested that any information relating to undercover officers “in the infiltrations of the demonstrations or prosecutions” of any of those arrested at Fortnum & Mason be disclosed. Last week the convictions of 20 environmental protesters for attempting to shut down a power station were quashed after judges ruled that crucial evidence recorded by a police spy, Mark Kennedy, had been withheld. Lawyers claim they have received no evidence that any of the 30 still facing prosecution were in any sense “organisers” of the UK Uncut occupation of the luxury department store on 26 March, which coincided with the TUC anti-cuts march in London. The group says it has no central leadership. The Observer has learned the details of the cases assembled by prosecutors against the activists, including the sometimes bizarre grounds selected for identifying the supposed organisers of the protest. A 24-year-old man is facing trial on the basis that “he entered the store with a placard”. Lawyers from Hodge Jones & Allen, who are also representing the protesters, say no information has been provided relating to when he acquired the placard or even what it stated. In a separate letter to the CPS, solicitor Raj Chada, head of the protest law team at Hodge Jones & Allen, said: “We understand that the banner is in relation to ‘anti cuts’ generally, rather than specifically UK Uncut, and is similar in type to others carried by the 500,000 who attended the March for the Alternative.” Chada said it was bizarre that protesters would escape prosecution simply because they were not holding a placard. “One individual will face no criminal prosecution; the other faces a prosecution that can subject the defendant to a potential prison sentence of three months. This is decision making that is arbitrary, irrational and unreasonable.” Others charged include a 23-year-old woman, who “unfurled a notice on the stairwell” of the store. Another protester is facing prosecution “due to her placing leaflets on displays”. A third is referred to in the documents as “carrying an umbrella into the store”. One 22-year-old participant is accused of carrying UK Uncut cordon tape and more than 50 printed signs stating: “Big society, revenue and customs: if they won’t chase them, we will.” Prosecutors, according to lawyers, also targeted people caught carrying 20 or more UK Uncut leaflets. “The Crown has treated this as a ‘tick box’ exercise rather than a proper evidential evaluation of organisational involvement,” said Chada. Some activists have been targeted on the basis of previous convictions of aggravated trespass. Bindmans’ letter points out that some have convictions for aggravated trespass during protests in 2009 at Ratcliffe power station, the case that became notorious for the role of Kennedy. Schwarz said the singling out of UK Uncut members over previous protests would seem “to an outside observer irrational and vindictive”. The CPS, however, maintained yesterday that there is “sufficient evidence against the 30″ for them to face trial. A spokesman said: “We have identified 30 defendants whose actions, the evidence shows, were more culpable than the others, such as where there is evidence that they organised the action, or where defendants have relevant previous convictions.” Seventeen of the protesters will appear at a City of Westminster magistrates court tomorrow. Thirteen have already denied the charges against them, and the rest are expected to follow suit. About 150 activists were arrested in Fortnum & Mason despite holding what Chief Inspector Claire Clark described as a non-violent and “sensible” demonstration. As they left the store, the activists were handcuffed and taken to London police stations, where they were held in cells for up to 24 hours. Three days after the arrests, Lynne Owens, assistant commissioner of the Met, told the home affairs select committee that police arrested so many people that day because it gave them “important intelligence opportunities”. The case has proved embarrassing for the Met, with claims that the senior officer at the heart of policing the demonstration deceived protesters into a mass arrest. Video footage shows Clark denying that anyone would be detained after leaving Fortnum & Mason. UK Uncut sources claim that the Met was so desperate for intelligence on the relatively new protest group that it undertook mass arrests to learn more about the command structure of the organisation. The 30 alleged ringleaders include teachers, charity workers, town planners and religious studies tutors who lawyers say have had their lives “severely disrupted” since their arrest four months ago. The trials, if they go ahead, are likely to be held in November. UK Uncut Protest Tax avoidance Corporate governance Mark Townsend guardian.co.uk
Continue reading …enlarge We’re starting to get a clearer portrait of Anders Breivik, the right-wing extremist whose rampage in Norway yesterday took at least 95 lives, the vast majority of them young people attending a youth camp. The picture that’s emerging is of an ordinary right-wing man stoked into anger by theories about “Cultural Marxism” that originated on the anti-Semitic far right but have in recent years been spreading into more mainstream venues, promoted by the likes of Andrew Breitbart, among others. You can read for yourself Breivik’s postings to the Norwegian site Document.No (PDF – 211.61 KB) (translated here), which should give you a clear enough picture. Chip Berlet, who specializes in analyzing right-wing extremism, has been going through them, and here are his initial thoughts: Based on online posts apparently by Anders Behring Breivik circulated in Norway, the alleged terrorist opposed multiculturalism and Muslim immigrants in Norway. Breivik championed opposition to “Cultural Marxism,” a right-wing antisemitic concept developed primarily by William Lind of the US-based Free Congress Foundation, but also the Lyndon LaRouche network. … The idea is that a small group of Marxist Jews who formed the Frankfurt School set out to destroy Western Culture through a conspiracy to promote multiculturalism and collectivist economic theories. A key “Cultural Marxist” guru William Lind spoke at a Holocaust Denial conference, and worked at Free Congress Fdn. which sponsored a former Nazi collaborator, the late Laszlo Pasztor. See Bill Berkowitz article on Cultural Marxism for Intelligence Report at SPLC website . Bill Berkowitz reported on “Cultural Marxism” as a far-right organizing concept for the SPLC back in the summer of 2003: At the core of the far right’s concept of cultural Marxism are the Jews. Lind made this plain in June 2002, when he gave a speech on the subject to a Washington Holocaust denial conference hosted by the anti-Semitic journal, Barnes Review. Although he told his audience that his Free Congress Foundation was “not among those who question whether the Holocaust occurred,” he went on to lay out just who the cultural conspirators were: “These guys,” he explained, “were all Jewish.” Like Jews in general, the Frankfurt School makes a convenient antagonist — one that is basically seen as antithetical to all things American. The school, says social psychology professor Richard Lichtman of the Berkeley-based Wright Institute, is “a convenient target that very few people really know anything about. “By grounding their critique in Marxism and using the Frankfurt School, [cultural conservatives] make it seem like it’s quite foreign to anything American. It takes on a mysterious cast and translates as an incomprehensible, anti-American, foreign movement that is only interested in undermining the U.S.,” he said. “The idea being transmitted is that we are being infected from the outside.” Not everyone who uses the cultural Marxism construct sees Jews in general at the center of the plot. But a 1998 book by California State University-Long Beach evolutionary biologist Kevin MacDonald — one of just two witnesses to testify on behalf of Holocaust denier David Irving in a famous 2000 libel trial — makes plain that Jews in general are implicated in what is seen as an attack on the West. In The Culture of Critique: An Evolutionary Analysis of Jewish Involvement in Twentieth-Century Intellectual and Social Movements, MacDonald says that while all Jews are not guilty, the movements he attacks are indeed “Jewishly motivated.” In a chapter devoted to the Frankfurt School, MacDonald suggests that Jews criticize non-Jews’ desire to form “cohesive, nationalistic, corporate gentile groups based on conformity to group norms” — with Frankfurt School principals painting this desire as a psychopathology — while they hypocritically pursue cohesiveness in their own group. As Berlet explains: The trope of Cultural Marxism combines this view of political economy with a narrow view of Christian superiority and an ethnocentric White Nationalism. In both sectors–Christian superiority and ethnocentric White Nationalism–there is a great fear of Muslim immigration. . Among right-wing Christians who fear Muslims there are some that see Islam as the false religion of the Antichrist in the End Times in their idiosyncratic reading of Biblical prophecy. This apocalyptic view is widespread in some areas. For example a poll found that 15% of Republicans in New Jersey though President Barack Obama might be the “Antichrist” who is Satan’s chief henchman in the End Times. Another 14% were convinced Obama was the Antichrist. Whether it is based on religious or secular themes, the idea of a vast longstanding conspiracy of Cultural Marxists to destroy Western Culture creates apocalyptic aggression, in which believers in the conspiracy theory decide to act first against the named enemies. The concept has been mainstreamed in recent years, promoted — in a form stripped of its anti-Semitic elements — by a number of supposedly mainstream conservatives. We knew we had heard the phrase bandied about the past couple of years on Fox News, and went looking in Google to find out where we had heard it. Originally we thought the chief culprit would be Glenn Beck, who has indeed made a fetish out of Marxism on his show. But the chief promoter of the concept of “Cultural Marxism” on Fox News was none other than Andrew Breitbart: Click here to view this media Breitbart has made a number of attacks on “Cultural Marxism” as a liberal phenomenon — such as his insistence that “political correctness is Cultural Marxism” . Indeed, Breitbart has made something of a fetish about using the phrase. Likewise he has made something of a fetish out of “Frankfurt School” theories . And as you can see from the above video, he got a nice national platform to promote the concept back in 2009 on Sean Hannity’s Fox News show — twice. This is a classic form of what acting as a “media transmitter,” repackaging ideas that originated on the racist/anti-Semitic Far Right and injecting them into the mainstream. This is not to suggest in any way, of course, that Breitbart is connected directly to the Norway terrorist attacks nor even that he by any means responsible for them. It’s clear, however, from Friday’s events that the ideology he promotes radicalizes people and indeed ultimately invites and inspires extremist violence. Considering his legion of right-wing fanboys in America, that’s cause for concern.
Continue reading …Flagship initiative threatens safety of the disabled by suggesting that they are scroungers, say charities The government’s flagship Welfare to Work policy is inciting hatred and violence towards the disabled by portraying them as cheats and benefits scroungers, an alliance of charities has warned. A drip-feed of statistics about claimants who have been denied benefits by the Department for Work and Pensions because they are deemed fit to work threatens the safety and quality of life of its members, says an alliance of 50 charities. The government is feeding a negative attitude towards people with disabilities, which, the charities warn, will ultimately end in violence. The alliance has written an open letter to Iain Duncan Smith, the work and pensions secretary, after complaining that private warnings on the issue have gone unheeded. The charities say the government should instead be promoting the talents of those who no longer need to claim benefits. Alice Maynard, the chair of Scope, who is a wheelchair user, said: “We just feel it is too much now. It is becoming such a frequent occurrence, it is likely to have some very serious negative effects. I think in the end it ends up in violence.” She added that a hardening of attitudes meant she now “thought harder” about going out at night in London. Since the coalition government came to power, it has released quarterly statistics on the number of people who are turned down when claiming employment support allowance, which replaces incapacity benefit and income support paid on incapacity grounds. “Statistics released today show that three-quarters of people who apply for employment and support allowance are continuing to be found either fit for work or stop their claim before completing their medical assessment,” said the Department for Work and Pensions. The charities said the release of the figures and briefings from the DWP was feeding the stereotype that people who claimed benefits were scroungers. Four out of 10 of those turned down for support are granted it on appeal, said the charities, but this had not been widely publicised. Instead, a series of newspaper stories had been published featuring so-called benefits scroungers and cheats. A recent survey carried out by Scope found more than a third (37%) of people said attitudes towards them had got worse over the past year. Jaspal Dhani, chief executive of the United Kingdom Disabled People’s Council, said: “The language portrays disabled people as scroungers, as lazy – a drain who are not playing their part and making a contribution. It has led to an increase in hate crimes against disabled people, victimisation and reinforcement of very old stereotypes and prejudices. “In my experience as a disabled person in the last few months, when I have engaged strangers in conversation, they are surprised that as a wheelchair user I
Continue reading …Forensic scientist threatens to sue after her work on Meredith Kercher murder is attacked in Amanda Knox appeal report Amanda Knox’s appeal against her conviction for the murder of British student Meredith Kercher in Italy faces a fresh challenge. A prominent forensic scientist, whose DNA evidence helped to convict the US student and her former boyfriend, has vowed to overturn the findings of an independent report that says much of her work in the case was unreliable. Knox returns to court in Perugiaon Monday, armed with the new forensic report, which she hopes will help lead to her being freed. Kercher was found with her throat slit in the Perugia apartment she shared with Knox in 2007. Knox and her former boyfriend, Raffaele Sollecito, were sentenced to 26 and 25 years respectively in 2009 for the murder. A third suspect, Rudy Guede, had already been convicted for his role in the killing. Written by two independent experts from Rome’s Sapienza University, the 145-page DNA review rubbishes the work of Patrizia Stefanoni, the police forensic scientist who found Knox’s and Kercher’s DNA on a kitchen knife at Sollecito’s house and identified DNA belonging to Sollecito on a torn bra clasp found beside Kercher’s semi-naked body. The report claims Stefanoni ignored international DNA protocols, made basic errors and gave evidence in court that was not backed up by her laboratory work, rendering the knife and bra strap worthless as evidence. But Stefanoni has vowed to fight back during three hearings devoted to the DNA reviews. “I am angry about the false statements in this report and ready to come to court to highlight the past record of these experts,” she told the Observer . “I am also looking into taking legal action against them. What international DNA protocols are they talking about? The Italian police is a member of the European Network of Forensic Science Institutes (ENFSI), while they are not.” Both Stefanoni and one of the report’s co-authors – Carla Vecchiotti – are influential figures in a restricted circle of DNA experts in Italy and are no strangers to headline-grabbing cases. Stefanoni’s work helped a British court in June convict an Italian, Daniele Restivo, of the ritualistic murder of Heather Barnett in Bournemouth in 2002. Vecchiotti has recently made the news in Italy with her work investigating a drug addict’s death in police custody and the murder of a teenage girl in Puglia. Soon after she was chosen to review Stefanoni’s work on the Knox case, Vecchiotti claimed that documents had been withheld from her. The final report, co-authored with Stefano Conti, bemoans the scant detail Stefanoni used to back up her findings. After discovering there was no DNA left to check on the knife or the bra clasp, the experts retraced the steps taken by Stefanoni, concluding that the DNA trace of Kercher on the blade was so weak it could not be reliably matched – or was at best the result of contamination – and quoted Stefanoni admitting in court she should have double-tested her result to be more convincing. Stefanoni claimed she had no need to repeat tests since the experts for the defence were on hand to witness her work. “And it was good enough to show it was Kercher’s DNA,” she said. “A small amount, but good quality.” Turning to the bra clasp, the report concludes that since it had been at the crime scene for 46 days before being collected, it was vulnerable to contamination. Stefanoni’s testing was in any case full of errors, the report adds – a charge she said was “simply not correct”, adding she was “very keen” to defend her work in court. The experts quote numerous US police and FBI experts on the risk of low DNA results and poor evidence handling, prompting one Italian police source to claim they were being fed information by Knox’s defence team. “We followed the guidelines of the ENFSI, theirs is just a collage of different international opinions,” said Stefanoni. The three days of DNA hearings, tomorrow, 30 July and 1 August, will be followed in September by final arguments, with the appeal verdict now expected around 25 September. Amanda Knox Meredith Kercher Italy Europe Tom Kington guardian.co.uk
Continue reading …Fight against substance abuse among the young could be turned back by 10 years if cuts continue, warn leading health groups Budget cuts to drug and alcohol services for young people are having a “devastating impact” on the fight against substance abuse, according to leading health groups and charities. Among the services being shut down or scaled back are drug education in schools, treatment for young people battling addiction, and support for professionals working in the sector. As a result, the independent drugs monitoring body DrugScope, in conjunction with several leading charities, is warning that young people with drugs and alcohol problems are finding it increasingly difficult to find help. It is the first sign that cuts are having a direct impact on front-line rehabilitation and prevention services. Young people’s treatment services have already closed in the London boroughs of Hammersmith & Fulham, Newham and Merton, according to DrugScope. Addaction, one of the UK’s major treatment providers, has confirmed that several local authorities have imposed funding cuts on their young people’s services of up to 50%. The Lifeline Project, which provides drug and alcohol treatment for young people across England, is warning that cuts to its services will affect the numbers they can support. “The long-term social and economic costs associated with increased risks in drug taking, admissions to A&E, offending behaviour, school exclusions, sexual health, safeguarding and child protection will far outweigh the short-term benefit of cutting costs,” said Martin Moran, director of young people’s services. “The financial cuts we have experienced in some of our services will reduce the number of young people we can help in the future, and could undo the work of recent years.” In February this year, research published by the DoE concluded that drug treatment for young people is cost effective, estimating that for every £1 spent on treatment between £5 and £8 is saved by the NHS and other agencies. “We are extremely concerned at the potential long-term impact of these cuts on young people, their families and communities,” said Martin Barnes, chief executive of DrugScope. In a survey of staff at 79 local education authorities, more than a quarter reported that there had been no specialist drug education support in their secondary schools since April. “We are probably in the worst situation for drug education for decades,” said Paul Tuohy, chief executive at drug prevention charity Mentor UK. “We won’t see the real impact for at least another 18 months, when the effect of a complete lack of infrastructure for drug education will become apparent. It could have devastating implications.” The future of the Drug Education Forum, a body of experts that has received government funding since 1995, is in jeopardy after it was revealed that the Department for Education will cease its funding from November. “This has the potential to be extremely damaging,” said co-ordinator Andrew Brown. “The cuts are affecting front-line support for drug and alcohol education. A decade of hard work by schools and communities has seen drug and alcohol use among young people fall back. We can only hope this isn’t reversed.” Drugs Drugs policy Health Cuts and closures Jamie Doward guardian.co.uk
Continue reading …Victims of war and drought are at the mercy of bandits as they trek miles across the desert to seek UN help. Then corrupt officials demand starving families pay for food “It has been a terrible experience. There were eight of us and we had to survive on just a few kilos of flour for five days. Hunger and thirst haunted us during the whole journey.” Holding her year-old grandson in her arms, her face brushed by the dusty morning desert wind, Sarura Ali and her family have just arrived in the north-eastern Kenyan refugee centre of Dadaab, after fleeing from the drought in the Somali village of Waldid. “The heat was unbearable, so we were forced to walk at night. Every step we took was in the dark, fearfully.” Several hundred people have gathered at the registration point at Daghaley, one of three refugee camps around Dadaab. The family-run businesses of these small farmers and cattle herders from Somalia have been wiped out by the worst drought in the Horn of Africa for 60 years. They patiently wait to be registered by agents of the United Nations High Commissioner for Refugees (UNHCR). Most came here after weeks on foot in the desert, unable to afford any transport. They walked for days at the mercy of bandits in the porous border area between Somalia and Kenya. This year alone, more than 100,000 Somalis have fled from the lack of rain in their country to shelter in what has become the biggest refugee camp complex in the world. They are escaping a war zone. The Islamic militants of al-Shabab, who control much of the country outside the capital, Mogadishu, and are fighting an insurgency against the transitional federal government, have vowed to keep most international aid workers away, despite the situation. The UN warns that 800,000 children could die from starvation, and last week declared a famine in some parts of the country. For thousands of desperate Somalis, the only solution has been a long march in the hope of reaching refugee camps in Kenya and Ethiopia. Set up at the start of the 1990s for victims of the Somali civil war and designed for a refugee population of 90,000 people, Dadaab, some 60 miles over the border in Kenya, now hosts more than 380,000 refugees. According to Doctors Without Borders, the number could reach 450,000 by the end of the year. As more arrive every day, the camps are becoming appallingly overcrowded. Delivery of food has become erratic. Tensions and frustrations have begun to spill over. YesterdayLast week angry young men stoned the UNHCR compound in Daghaley, enraged by the endless waiting and their place at the back of the queue. Many come every day, only to be told to return next morning. Given the enormous demands on resources, people are screened according to their vulnerability. Families with more than eight members and with old people are prioritised, said social worker Aden Sirat Olow, who works in the UNHCR centre in Daghaley. “They are first fed, then given food items, blankets and a tent. Single men and young people have to wait more because their cases are not as serious. We are registering more than 1,000 people a day in this camp alone.” However, many newcomers complain of not receiving rations for weeks, while others say food distribution and registration are hampered by corruption. “Some local staff working for NGOs and UN agencies ask for 3,000 shillings [around £20] to give you a food card. If you don’t pay, you stay hungry,” says Gedow Nunow from Baidoa, who says he had to wait two months before being able to register and get any assistance. Around him, heads nod in agreement. In the nearby Ifo camp, the hospital managed by GIZ, a German NGO, has 80 beds but is now treating more than 100 people. “Seventy per cent of our patients are newcomers,” says Dr Daniel Muchiri. “They come in poor conditions because of the exhausting trip. We have many cases of tuberculosis, diarrhoea and respiratory problems.” On a bed in one of the three wards, Hiraq Bayo, 23, is cradling her year-old son, Ibrahim, who is continuously vomiting. They have just made a five-day trip from the village of Baraway, in the Gedo region of Somalia. “We used to have a farm, but all the animals are now dead because of the drought,” she says, trying to keep her child upright to stop him suffocating. “We had to abandon everything and come here to save our lives.” This desert plain, dotted by thousands of refugee tents and makeshift huts made out of plastic bags or blankets, encircles what was once a small Kenyan village. The area now hosts three generations of Somalis who have been fleeing war, drought and famine. The availability of weapons via the Kenyan-Somali border and the lack of jobs and opportunities for refugees are making an already explosive situation worse. Rape and violence are increasing. People are desperate with hunger and gripped by fear. “We go out all together, trying to move as quickly as possible. We run away as soon as we spot someone approaching,” says one of six women collecting wood at the border between the Ifo and Daghaley camps. Some Somalis have set up armed gangs on the road between Dadaab and the border town of Liboi, attacking newcomers and robbing them. An environmental crisis is looming, caused by the huge over-population of a desert area dotted by trees and dry bushes. Dadaab will have to receive thousands more people in coming weeks in what the UN has described as the world’s worst humanitarian crisis. The executive director of the World Food Program, Josette Sheeran, visiting the refugee camp, said the area hit by famine will soon expand. UN agencies and relief organisations are doing their best, but resources are depleting quickly and relations between refugees and locals are deteriorating. Some newcomers have settled outside the camps, prompting an angry reaction by communities who feel their land has been taken by Somalis. Others claim local Kenyans are demanding protection fees. “I had to pay 500 shillings to some locals who threatened to kick me out. At first I refused, but then they flattened my house,” says 45-year-old Mariam Hassan Aden, who now lives in Daghaley. “I could have used that money to buy food for my kids. Now they don’t have anything to eat and I don’t know what to do.” Somalia Refugees Kenya United Nations Africa guardian.co.uk
Continue reading …Angry president lashes out after Republicans walk away from talks on borrowing limit, raising the spectre of US default Talks to stave off a potentially catastrophic US default on debt payments were in crisis as Republicans and Democrats struggled to avert a disaster that could trigger a global economic crisis. Both sides agree that the US needs to pass legislation to raise its debt limit above its current level of $14.3 trillion (£8.7tn). But negotiations collapsed in acrimony late on Friday over details of a package of spending cuts and tax rises that would help to pay for such a move. A visibly angry President Barack Obama attacked the Republican Speaker of the House, John Boehner, for refusing to return his phone calls and then abandoning the negotiations. “I’ve been left at the altar now a couple of times and I think that one of the questions that the Republican party is going to have to ask itself is: can they say yes to anything?” If agreement is not reached, it could trigger what had once been unthinkable: a US default on its debt payments. If that happened, most experts predict, it would see a plunge in stock and bond markets worldwide that would threaten a new great recession. The deadline for agreement is just over a week away, on 2 August. Though most people still expect a deal of some kind before then, preparations for the worst are being made. Obama is being briefed by senior officials on the consequences of default on Wall Street, and major banks and institutions are laying the groundwork for survival investment strategies. “I still believe in the end we will avoid default, but we are playing with fire,” said Larry Haas, a former official in the Clinton White House. Others put it even more bluntly. “Members of Congress are juggling with hydrogen bombs,” said Professor John Pitney, a political scientist at Claremont McKenna College in California. In order to thrash out a deal and get talks started again, Obama ordered top congressional leaders from both parties to meet him at the White House and explain how they were going to move forward. That demand showed the seriousness of the situation, but also raised the prospect that some sort of “fallback option” could emerge that would see a short-term rise in the debt ceiling. However, such a plan would only be likely to delay the problem until later in the year. The Republicans have shifted dramatically to the right on economic matters, especially taxation, in the wake of the rise of the Tea Party. The Republicans captured the House of Representatives last year with the help of a number of new members the Tea Party supported. Many Republicans have signed pledges never to agree to tax rises of any sort and fear a backlash from supporters if they agree to a debt deal that includes attempts to raise money from wealthy Americans and big corporations. Instead they want a settlement that focuses on slashing programmes such as social security and health spending on the poor and elderly, as well as defence and other parts of the government. So far Obama has sought to accommodate Republican demands and offered more than $1.6tn in government spending cuts, but only in return for tax rises on the rich. That has not yet been enough to bring Republicans on board. In a letter to Republicans in Congress, Boehner said: “The White House is simply not serious about ending the spending binge. A deal was never really close.” Obama is also coming under serious fire from Democrats, who accuse him of being a poor negotiator and too willing to meet Republican demands at the expense of the liberal wing of his own party. Many Democrats have been horrified at the concessions he has already made on cutting government spending on the poor, sick and elderly. They argue that the most vulnerable Americans would pay the bill for a crisis that began on Wall Street. Leading progressives have slammed Obama’s tactics and fear that he may agree to even harsher cuts. Progressive groups, like MoveOn, have sent out campaigning letters and urged phone call protests as a way of persuading Democrats not to back the cuts. “It is tragic what is happening right now,” said Robert Greenwald, a Hollywood director turned progressive documentary filmmaker. Greenwald said ordinary Democrats felt betrayed by Obama. “If he agrees a deal that has these cuts, then the president has done a disservice to millions of people who worked for him to get him elected; who believed in him and who fought for him.” A CNN poll last week backed Greenwald’s comments. The survey showed that Obama’s approval rating among liberals has dropped to 71%, the lowest level of his presidency. That, however, may not worry the White House as it focuses on the 2012 election. Some observers believe liberal voters will still turn out in force again to vote for Obama. “Obama has flexibility to move to the right, because he believes progressives will still vote for him. They have nowhere else to go,” said Pitney. But there are signs of growing anger and revolt in the party as Democrats scramble to protect America’s already shaky welfare programmes. A few voices are even whispering of searching for someone to lead a primary challenge against Obama. “Who knows? Maybe there will be a challenge from the left. If progressives are disgusted enough, I would not rule it out. It would send a message,” said Haas. US economy Economics US domestic policy United States Barack Obama John Boehner Paul Harris guardian.co.uk
Continue reading …