Former Scotland Yard commander’s conviction ruled unsafe after court of appeal hears main witness was a benefit fraudster The court of appeal has quashed the conviction of a former police chief who was found guilty by a jury of framing a man. Former Scotland Yard commander Ali Dizaei was jailed for four years in February 2010 for abusing his office after a row in a London street with Waad al-Baghdadi, who was the main prosecution witness. The Crown Prosecution Service has announced that there will be a retrial. Lawyers for Dizaei told the court of appeal the conviction was no longer safe because Baghdadi had lied to secure thousands of pounds of benefits, as well as in his court evidence. On Monday appeal court judges decided the conviction was unsafe. Dizaei’s 25-year police career ended after his conviction, when he was drummed out of the Metropolitan police in disgrace. The appeal court heard Baghdadi had lied to the pension and benefits departments to pretend his father was alive so he could collect his £100-a-week pension, plus an allowance for caring for him. Thousands of pounds in benefits went into bank accounts controlled by Baghdadi, said Michael Mansfield QC, representing Dizaei. The fraud went on long after his father’s death in March 2006, and he was still claiming up until February this year. Lord Justice Hughes, after hearing the evidence, declared on the first day of the hearing: “There is a clear prima facie case of benefit fraud.” Baghdadi was arrested by police on 6 March and bailed until May. In all, Baghdadi claimed £18,000 from an attendance allowance for his dead father, a carer’s allowance and a pension, as well as income support. There was also an application to the social fund for a loan bearing the signature of his dead father, the court heard. Mansfield alleged Baghdadi had lied to get into Britain, falsely claiming he was fleeing persecution in Iraq. In fact, he had been born and raised in Iran. This falsehood was also told by Baghdadi at the original trial of Dizaei, where his accuser had also wrongly stated his name and age, as well as his nationality. Some of the fraud, said Mansfield, was ongoing at the time of the 2008 clash with Dizaei and at the time of the trial, where the jury were told nothing of the alleged fraud and Baghdadi was presented as a witness of truth. Mansfield said the evidence showed Baghdadi was capable of a “pattern of persistent and elaborate deceit” and in recent police interviews had still not been telling the truth. Hughes, after accepting the “clear prima facie case he [Baghdadi] is a fraudster”, told Mansfield he would have to show how this made the jury’s decision to believe Baghdadi’s evidence over Dizaei’s testimony unsafe. “It’s all very well showing this man is a fraudster, how does it affect the conviction?” Hughes asked. Mansfield replied: “It impacts on the safety of the conviction quite dramatically,” adding that Baghdadi had been pivotal to the conviction. The crown argued that much of the material about Baghdadi’s benefit claims may have been known by Dizaei at the time of the trial and thus did not count as new evidence, which is needed to overturn the jury’s verdict in the original trial. Dizaei, a former leader of the National Black Police Association, was an outspoken critic of the police on race and a key figure in a racism row that erupted at the top of Scotland Yard in 2008. Dizaei was convicted of falsely arresting Baghdadi in a dispute over money and then lying in official statements, claiming he had been assaulted and threatened by Baghdadi. The crown alleged that on 18 July 2008, Dizaei clashed with 24-year-old Baghdadi, who claimed the police commander owed him £600 for a website he had designed. In 2003 Dizaei was cleared of criminal charges after a massive covert operation against him by his own force. He returned to the Metropolitan police after that acquittal, but few if any leaders in the force want Dizaei, who has been a constant thorn in their side, to return. Ali Dizaei Police Immigration and asylum Crime London Court of appeal Vikram Dodd guardian.co.uk
Continue reading …Israeli border clashes organized with the help of Facebook messages have claimed at least 15 lives on the anniversary of the nation’s birth. Israeli troops opened fire as thousands of protesters marched from Syria, Lebanon, Gaza and the Left Bank on the annual Palestinian day of “nakba,” or catastrophe, marking…
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As exhibitions of the missing artist’s work open at Somerset House and the Lisson Gallery in London, artists and exhibitors talk about Ai Weiwei’s growing importance in China and the west Jared Schiller
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Chinese authorities allow wife, Lu Qing, to visit artist and activist who had not been seen since arrest at Beijing airport on 3 April Detained artist Ai Weiwei seems to be in good physical health but mentally conflicted and tense, his wife has said after seeing him for the first time in six weeks. Lu Qing said she was taken to see her husband for about 20 minutes on Sunday afternoon, the first contact friends and relatives have had with the 53-year-old Chinese artist and activist since officials stopped him at Beijing airport on 3 April. It is not clear where he is being held and the people who arranged the visit did not show her identification, she added. “I could see redness in his eyes. It was obvious that without freedom to express himself he was not behaving naturally even with me, someone from his family,” Lu told Associated Press. “He seemed conflicted, contained, his face was tense.” The couple sat across the table from each other and their visit was supervised by two people, one “who seemed to be in charge of Ai”, and another who took notes. “We could not talk about the economic charges or other stuff, mainly about the family and health,” Lu said. “We were careful, we knew that the deal could be broken at any moment, so we were careful.” Ai was not handcuffed, was wearing his own clothes rather than a uniform, and retained his beard. He said he had his blood pressure checked several times a day and had received medication he needed for diabetes. He was able to exercise by walking and said he was eating and sleeping well. “The fact that Lu Qing could see him was already a very merciful act by the authorities,” his mother, Gao Ying, said, adding that Ai did not discuss his charge beyond saying he “did not understand it”. She added: “The rumours that we’ve heard about him being tortured have been too much for us to take, but now seeing is believing. His condition is good.” Gao said her son had been particularly concerned about her health. “Of course [Lu] had to tell him that I’m doing well and not that I’m at home crying everyday … He was very moved and tears welled up in his eyes,” she added. Ai’s sister Gao Ge said: “Now that we’ve seen that his health is OK, of course we are a bit less anxious, but that’s not to say we want him to stay where he is … We really want this case to be dealt with as soon as possible and for the government to follow proper procedures in keeping with Chinese law.” Liu Xiaoyuan, a lawyer who has said he is willing to represent the artist if necessary, said Ai was not in a jail or a detention centre, but that neither Lu nor Ai were sure where he was being held. He said police had still not informed Ai’s family of detention and that he suspected the artist was being held under residential surveillance. Joshua Rosenzweig of the Dui Hua foundation, which supports political prisoners, said the law did not spell out whether police should notify family members of the measure because normally it would be carried out at an individual’s home. Residential surveillance orders last around six months. In comparison, police must inform relatives of detention within 24 hours, unless it would impede the investigation, and report to prosecutors on the case within a month. “[Residential surveillance] is supposed to be less punitive but the way it is being carried out – if it is – is really turning things on its head. It is much more advantageous to police. There are very few limits on their ability to interrogate you,” added Rosenzweig. Ai’s case comes amid a broader crackdown on lawyers, dissidents and activists in recent months. His friend Wen Tao, 38, driver and cousin Zhang Jinsong, also known as Xiao Pang, 43, accountant Hu Mingfen, 55, and colleague Liu Zhenggang, 49, all remain missing. Officials have said Ai is under investigation for suspected economic crimes. Last week, the vice-foreign minister, Fu Ying, said it was “very condescending for the Europeans to come in to tell China that some people are beyond the law” . But relatives believe his detention is retaliation for his social and political activism. Gao Ying told CBS recently: “I think in reality, he was taken because he was protecting the rights of ordinary citizens and speaking for them … I think … he offended people in power and they hate him, so now they are looking for an opportunity to take him down.” Ai Weiwei China Human rights Tania Branigan guardian.co.uk
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Jury finds two youths guilty of murder and three of manslaughter over killing of Sofyen Belamouadden, 15, at tube station Five teenagers have been found guilty of chasing down and killing a schoolboy at Victoria underground station in an attack organised on Facebook. A jury on Monday found two of the teenagers guilty of murdering 15-year-old Sofyen Belamouadden; three other teenagers were found guilty of manslaughter. The killing took place in front of hundreds of rush-hour commuters, and was caught on CCTV cameras in the station in London. Footage, which was produced during the teenagers’ trial at the Old Bailey, showed the group of youths surrounding Sofyen as he lay on the floor of the ticket hall on 25 March last year. In 15 seconds the teenagers, who were allegedly part of a larger group of 20 youths, punched, stabbed and kicked him to death before fleeing the station and then boarding a C10 bus. The killing was the result of “simmering tensions” between pupils at a sixth form college in west London and teenagers from other schools. Sofyen, of west London, was stabbed nine times to the body, with wounds to his heart, a lung and major blood vessels, in what Mark Heywood QC prosecuting told the jury was a “combined, comprehensive and lethal attack”. One member of the gang, Samuel Roberts, 18, told the court he joined in the violence simply because “everyone else was doing it”. Obi Nwokeh, 18, and a 17-year-old youth, who cannot be named for legal reasons, were convicted of murder by unanimous jury verdicts. Roberts, of Camberwell, Adonis Akra, 18, of Stockwell, and another 17-year-old, who also cannot be named for legal reasons, were cleared of the charge but convicted of manslaughter. Enoch Amoah, 18, of Camberwell, was cleared of both charges but convicted of violent disorder. All six defendants were found guilty of conspiracy to cause grievous bodily harm. A number of other youths are due to face separate trials over the killing. Crime London Sandra Laville guardian.co.uk
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Prime minister says challenges of ageing population and need to save £20bn in NHS spending over next four years mean status quo not an option David Cameron has warned that the NHS will face a funding crisis unless major reforms are introduced at the end of the government’s “listening exercise”. In a speech to NHS staff at Ealing Hospital in London, the prime minister attempted to reassure the medical profession by professing his love for the NHS. But he said the twin challenges of an ageing population and the need to save £20bn in NHS spending over the next four years, identified by the previous government, meant the status quo was not an option. Cameron, who said the government would respond to the findings of Steve Field’s “listening exercise” by the end of next month, outlined some of the key changes to the health and social care bill, including: • New GP-led consortia, which will replace primary care trusts, will have a wider membership. Hospital doctors will be more closely involved. • Competition will not be introduced to the NHS “for its own sake”. • There will be no cherry-picking of NHS services by private companies. • The NHS will look reasonably similar after the changes, and will not become a “space age institution”. Cameron wanted to use the speech to show that changes will be introduced to the social care bill and also to reassure Conservative MPs – who raised concerns at a meeting of the 1922 committee last week – that he is not being forced to change tack under pressure from the Liberal Democrats. The prime minister told that meeting he, and not the Lib Dem leader and deputy prime minister, Nick Clegg, had decided to pause the bill. Cameron also commended Field, who was present for the speech, for his independence of thought after he raised concerns about the original health reforms. Field praised the prime minister for sanctioning a “real listening exercise”. NHS Health GPs Doctors David Cameron Conservatives Nick Clegg Liberal Democrats Liberal-Conservative coalition Nicholas Watt guardian.co.uk
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Chief prosecutor requests arrest warrants for Libyan leader, his son Saif al-Islam and intelligence chief Abdullah Senussi Muammar Gaddafi, his son Saif al-Islam, and his brother-in-law and intelligence chief, Abdullah Senussi have been named as war crimes suspects by the chief prosecutor for the international criminal court in The Hague. Presenting his request for arrest warrants to the ICC, the chief prosecutor, Luis Moreno-Ocampo, said the three operated as an “inner circle”, orchestrating the killing of peaceful protesters, with Saif al-Islam operating as a “de facto prime minister”. He said dissidents were targeted at home and in public places, with live ammunition as well as “heavy weaponry”. Moreno-Ocampo also said that Muammar Gaddafi led the campaign “with the goal of preserving his absolute authority”, and added that he had “direct evidence of orders issued by Muammar Gaddafi himself”. Moreno-Ocampo’s request for an arrest warrant against Saif Gaddafi will come as a shock to his prominent and wealthy circle of friends in Britain as well as the government officials – in Britain, Europe and the US – who saw him as a westernised moderniser with whom they could perhaps make peace. Moreno-Ocampo even came under pressure from western governments not to include Saif al-Islam in his initial list of suspects as it would shut off a possible avenue to a truce in a conflict which Nato states are increasingly anxious to bring to a rapid conclusion, according to sources familiar with the manoeuvring of the past few weeks. In his presentation to the ICC judges in The Hague on Monday, Moreno-Ocampo appears to have shrugged off those pressures. If the ICC issues the arrest warrants, it will deepen the embarrassment of the London School of Economics, where Saif studied and which accepted a £1.5m donation from a foundation Saif controlled to fund a north African research porgramme. Of that total, £300,000 was actually spent before the programme was suspended. Saif’s western image as a sophisticated reformer was badly dented when he appeared on television after the outbreak of pro-democracy protests in Libya, vowing that the regime would fight “to the last bullet”. However, in his application for an arrest warrant for crimes against humanity, Moreno-Ocampo argues not only that Saif al-Islam incited violence, but presents evidence that he also played a central role in orchestrating the killing of unarmed and peaceful demonstrators. In laying out his case, Moreno-Ocampo said he would target “those who bear the highest responsibility”. He added that: “It is indeed a characteristic of the situation in Libya that massive crimes are reportedly committed upon instruction of a few persons who control the organisations that execute the orders.” The prosecutors believe that although Saif al-Islam had no formal position in Libya’s fearsome secret police and elite presidential units responsible for much of the bloodshed – his reputation was more of a urbane playboy – he assumed a leading role at the height of the crisis to defend the regime against the threat of the Arab spring movement that had already toppled dictators to the west and east of Libya, in Tunisia and Egypt. Some of Moreno-Ocampo’s strongest evidence is believed to have come from inside the regime itself. The prosecutor even issued a statement on Sunday boasting of the co-operation from Tripoli, in an apparent effort to stir paranoia inside the regime over who is informing on whom. “During the last week, the office of the prosecutor received several calls from high-level officials in Gaddafi’s regime willing to provide information,” the statement read. A panel of ICC judges will now consider the prosecutor’s request for arrest warrants. If those warrants are issued, it will be up to national governments to enforce them. Moreno-Ocampo said on Monday he thought Libyans would do the job themselves. The ICC has no police force of its own. Muammar Gaddafi Libya Luis Moreno-Ocampo Middle East Africa International criminal court Julian Borger guardian.co.uk
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Final nine victims declared dead after DNA testing could not be used to identify them Nine final victims of New Zealand’s devastating earthquake have been declared dead, ending an agonising wait for families of people whose remains have not been found. Even DNA testing proved unable to identify nine of the 181 people killed in Christchurch on 22 February, so the government set up a special coroner’s inquest to examine other evidence. On Monday the chief coroner, Neil MacLean, made his official finding of death for nine people whose mobile phones, bank accounts and passports have not been used and whose remains could not be located. He concluded they died from traumatic injuries as a result of the quake. MacLean said their families deserved closure. The nine were six women and three men. Four were Chinese and one Filipino. Others were born in Peru and Russia. Witnesses reported seeing all nine in the Canterbury Television building before the earthquake, but no one had seen any of them since. A total of 115 lives were lost when the CTV building collapsed. The magnitude 6.3 quake is one of New Zealand’s worst disasters. Some 10,000 houses and nearly 1,000 commercial buildings in the city centre will have to be demolished and some parts of suburban Christchurch will most likely have to be abandoned altogether. The quake is New Zealand’s most expensive natural disaster, costing an estimated $15bn (£9.3bn). Police earlier identified 172 victims and told the inquest they had names for a further nine people but any remains of them that were recovered were too incomplete to be identified forensically. Fingerprints, dental remains, pathological examinations and DNA analysis were among the methods unable to identify the nine, Detective Inspector Paul Kench said. “To say that this is an extraordinary type of inquiry is an understatement,” MacLean told the hearing. The six women MacLean ruled dead were: Jinyan Leng, 30, Xiujuan Xu, 47, Didi Zhang, 23, and Xiaoli Zhou, 26, of China; Rhea Mae Sumalpong, 25, of the Philippines; and Elsa Torres De Frood, 53, a Peru-born New Zealand resident. The men were: Matthew Lyle Beaumont, 31, and Shawn Lucas, 40, of Christchurch; and Valeri Volnov, 41, a Russian-born New Zealand resident. New Zealand Natural disasters and extreme weather guardian.co.uk
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Irish police criticised after arrest of London bomber Marian Price and other republicans ahead of Queen’s visit Irish republican supporters of Old Bailey bomber Marian Price said her arrest and those of others is an assault on free speech. The Republican Network for Unity (RNU) denounced the Police Service of Northern Ireland’s decision to prosecute Price on charges of encouraging terrorism as “de facto internment”. Martin Óg Meehan, the RNU’s spokesman, the prosecution showed that Britain wanted to suppress free speech. Meanwhile, there is growing anger over Irish president Mary McAleese’s decision to invite a loyalist paramilitary leader to a ceremony linked to the Queen’s visit to Ireland. Ulster Defence Association chief, Jackie McDonald, is among a number of loyalists invited to Dublin where they will attend a ceremony in honour of Irishmen killed in the first and second world wars while serving in the British armed forces. But the son of a woman killed in a loyalist bomb said that instead McDonald and other loyalists should be visiting graveyards in Northern Ireland where their victims are buried. Peggy Whyte was 52 years old when she was killed in a bomb, thought to have been left by the loyalist Ulster Volunteer Force, at the front of her home in University Street, Belfast in April 1984. Her son, Jude Whyte, said: “It would be far more important in terms of peace and reconciliation that they perhaps visited the graveyards and looked at the damage their organisation did,” he said. “Their casualties and victims were unarmed civilians who were no harm to anybody. Try to understand the damage that the civilian population suffered here. “You broke a lot of hearts and you maimed and murdered a lot of people. It is time to say sorry to them.” However, Reverend Mervyn Gibson, who sits on the Loyalist Commission, defended loyalists who had made “a significant contribution towards peace”. “There are victims on all sides and apologies wanted on both sides,” he said. Ireland Northern Ireland Human rights The Queen UK security and terrorism Monarchy Henry McDonald guardian.co.uk
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Julia Gillard urged ‘plankers’ to consider safety implications of their pastime which involves lying face down in unusual locations The Australian prime minister has called for an end to the internet phenomenon of “planking” after a man died when he fell from a seventh-floor balcony while having his picture taken. Planking entails people lying face down on their stomach in various locations – be they unusual or dangerous – and posting photographs of themselves on social media websites. Julia Gillard described the death of Acton Beale, 20, as “really tragic”, and urged plankers to consider the safety implications of their pastime. The planking Facebook page is liked by over 116,000 people – though there is a separate “planking Australia” page – with images showing planking being carried out on a basketball hoop, a chair and on top of a television. Queensland state police deputy commissioner Ross Barnett told reporters that Beale fell from a balcony railing while a friend photographed him on Sunday morning in Brisbane. The railing is believed to have been two inches wide. “There’s a difference between a harmless bit of fun done somewhere that’s really safe and taking a risk with your life,” Gillard told reporters on Sunday. “Everybody likes a bit of fun, but focus has to be on keeping yourself safe first.” Beale’s death comes less than a week after another Australian man was charged with being found on police establishment without lawful excuse, after he allegedly indulged his passion for the craze by planking over a police car . The activity first came to prominence at the end of the last decade, when it was most commonly known as the lying down game . Planking is believed to be the more Australia-specific term, where it has gained particular popularity. The Planking Australia Facebook page has over 100,000 fans, although some were using the page on Monday morning to express dissatisfaction with the entire planking culture. “Planking is so STUPID!!,” posted Ammy Louiisee. Samie Musawi was of the opinion that: “You guys look like idiots doing this.” However others came out to show their support for planking, with Alison Schrader writing: “Bahahahahaha. I had never heard of planking til it was on the news. I thinks its gold. Some pics r just too funny.” Schrader added: “This just proves that aussie r the funniest mob.” For the moment planking does not appear to be in any sort of decline. Plankers were continuing to upload pictures of their exploits on Monday, with one man appearing on top of a bandstand, another atop a bush, while one woman was photographed perched precariously upon an open fridge. Australia Julia Gillard Social networking Adam Gabbatt guardian.co.uk
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