Tag Archives: fails

Victorian ALP fails in legal bid to silence disisident member

Agen Sabung Ayam

Posted December 11, 2015 21:03:01

The Victorian ALP has failed in a legal bid to shut down a campaign by a dissident member to expose alleged branch stacking.

The decision in the Victorian Supreme Court on Friday afternoon meant veteran transparency activist Eric Dearricott would retain access to party membership records, which he said proved the widespread use of pre-paid gift cards to stack branches in Victoria.

The party had sought an injunction to force Mr Dearricott, who sits on the Victorian ALP’s membership administration committee, to hand over the membership records.

However, Supreme Court Justice Kim Hargrave ruled that Mr Dearricott should retain hard copies of the records.

Justice Hargrave ordered that Mr Dearricott turn over any electronic copies of the records to the party, but that he should be allowed continued to access to the electronic records at party headquarters, which will allow him to continue his campaign against the alleged stacking.

The party, through legal firm Slater and Gordon, had argued that it risked legal action from the Commonwealth Bank, which provides the E-Way electronic payments system used by the party, if it allowed Mr Dearricott continued access to the records.

Georgina Schoff QC, for the party, said the bank demanded confidentiality of customer records as a condition of providing the system.

The party pointed to media reports that apparently drew on the confidential records as evidence that they were being inappropriately used by somebody on the membership administration committee.

However, Justice Hargrave expressed frustration that the party had resorted to “urgent” legal action, saying that it was an issue that should arguably have been resolved by discussion between Mr Dearricott and the party hierarchy.

A number of supporters of Mr Dearricott were in court, including former Victorian Premier John Cain, as were senior party officials and members of the membership committee.

Members of the committee were granted access to the highly-sensitive membership records in recent months after signing an undertaking not to divulge credit card details within.

Allegations of misuse of gift cards

However, as media reports of apparent irregularities began to emerge, access was shut off and threats of legal action made by the party hierarchy.

Media reports have alleged widespread use of the pre-paid gift cards, which can be purchased and used without the buyer providing any identification, to sign up ALP members without their knowledge, or to pay for large numbers of memberships to cement control of branches in several Victorian electorates.

However, in leaks to other media outlets, opposing sources apparently aligned to the party hierarchy have denied that the rorting is widespread or systemic, and said the party is working to stamp the practice out.

An investigation by party veterans Garth Head and Liz Beattie — ordered by the party leadership — identified some irregularities and called for a purge of hundreds of Victorian members of the party.

However, critics have questioned whether the investigation uncovered the full extent of the problem.

Transparency campaigners have said the investigation focused only on the use of credit cards to purchase multiple memberships, rather than the allegedly rampant use of pre-paid gift cards to heavily stack branches in Melbourne’s north and west.

Labor faces struggle in Wills

The legal action against Mr Dearricott also came as the party prepared for a potentially bruising pre-selection ballot in the formerly rock-solid Labor-held electorate of Wills.

The pre-selection, triggered by the impending retirement of MP Kelvin Thomson, is shaping up as a battle between former Labor senator Mehmet Tillem, reviled by some in the party as an archetypal Labor factional operator, and whoever emerges as the candidate of the anti-Tillem forces, who are agitating for a local, female candidate who will hold off the encroaching tide of Greens support.

Federal Labor leader Bill Shorten is believed to be considering backing a female candidate against Mr Tillem, due to Labor’s stated goal of women filling 50 per cent of all party positions by 2025.

While some in the party, including opponents of Mr Tillem, have played down the extent of branch-stacking in Wills, others have said it is widespread and cannot help but affect the result of the pre-selection ballot.

Topics: government-and-politics, political-parties, alp, federal-government, australia

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Developer Jeff McCloy fails in bid to force ICAC commissioner from inquiry

Agen Sabung Ayam

Posted December 10, 2015 thirteen:05:04

Former Newcastle lord mayor Jeff McCloy has unsuccessful in his bid to drive Independent Commission Against Corruption (ICAC) commissioner Megan Latham to stand down from an inquiry into political donations.

The house developer had accused Ms Latham of displaying an apprehension of bias at the hearings.

The New South Wales Supreme Court right now dismissed the case and found Mr McCloy was treated with “scrupulous fairness” by the commissioner.

The corruption watchdog is nevertheless to report the conclusions of Operation Spicer, which investigated promises that MPs obtained hidden payments from prohibited donors.

Mr McCloy resigned as Newcastle mayor a end result of the controversy bordering the inquiry which also forced Liberal MPs Tim Owen, Andrew Cornwell and Garry Edwards to stand down.

Mr McCloy argued that the commission had pursued a “predetermined circumstance concept”.

But in his ruling, Justice Robert McDougall stated Mr McCloy had failed to demonstrate the commissioner was “so firmly wedded to the case theory” that she was “incapable of bringing an impartial evaluative mind to all the proof gathered”.

Mr McCloy also complained about his treatment at the palms of counsel assisting the commissioner, Geoffrey Watson SC.

But Justice McDougall discovered “although the evaluation of Mr McCloy could be explained, in a lot of spots as sturdy, it was not unfair”.

The ICAC listened to that Mr McCloy handed Mr Owen, then a Liberal candidate for the seat of Newcastle, an envelope that contains $ 10,000 funds.

Mr McCloy was also questioned about a income payment to Mr Cornwell, who was the Liberal prospect and afterwards the member for Charlestown.

When questioned about other donations, such as individuals made to Liberal prospect and afterwards member for Swansea Mr Edwards, Mr McCloy stated, “I truly feel like a strolling ATM some times”.

Political donations by house developers have been banned in NSW given that 2010.

Subject areas: law-criminal offense-and-justice, corruption, newcastle-2300, sydney-2000

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Prosecution Fails to Prove if Salman Was Drunk or Driving: Bombay HC

Agen Sabung Ayam

MUMBAI: MUMBAI: Dictating its verdict in the 2002 hit-and-run case involving Bollywood star Salman Khan, the Bombay High Court today observed that prosecution had failed to prove that the actor had consumed liquor and was driving the Toyota Land Cruiser when the mishap occurred.        

The dictation of the verdict on Khan’s appeal, which continued for the third day, is likely to end tomorrow when the fate of the 49-year-old actor would be decided. Justice A R Joshi, who heard Khan’s appeal against the five-year sentence awarded to him by a sessions court, also expressed doubts over the statement of eye witness Ravindra Patil, former police bodyguard of of the actor, recorded by a Magistrate, in which he had implicated the actor.         

The Judge said that he (Patil) was a wholly unreliable witness because he had made improvements subsequently in his statement given to a Magistrate. In the FIR filed soon after the mishap, he did not implicate Salman but in the statement he said that Salman was driving under the influence of liquor.         

The Judge also expressed a view that the prosecution should have examined Kamaal Khan, singer friend of Salman, who was with him in the car when the mishap occurred on September 28, 2002. The court was delivering judgement on the third day in a row on an appeal filed by Salman against the five-year sentence awarded to him by a Mumbai Sessions Court on May 6.        

As far as the deposition of Ashok Singh, the family driver of Salim Khan, is concerned, it was as per rules and laid down procedures of criminal law, the court said.   “….this court has come to the conclusion that the prosection has failed to bring material on record to establish beyond reasonable doubt that the appellant (Salman Khan) was driving and was under the influence of alcohol, also, whether the accident occurred due to bursting (of tyre) prior to the incident or tyre burst after the incident…,” Justice Joshi remarked.        

The court made these observations while dwelling upon citations of the Bombay High Court and the Supreme Court in a similar case pertaining to Alister Pereira and the applicability of section 304, Part II (culpable homicide not amounting to murder) under which Salman was convicted.

On admissibility of Patil’s statement whose evidence was recorded by a Magistrate, the Judge said, “When that was done, the case was being tried in a Magistrate’s court under section 304 A (causing death by negligence) which attracts a maximum jail term of two years or fine or both, while when it was tried in Sessions court, it was under section 304 Part two IPC (culpable homicide not amounting to murder) which attracts jail term upto 10 years and fine.

“….the applicability of this evidence tendered before Magistrate’s court under section 33 of Indian Evidence Act cannot be taken as fullfilled in Sessions Court as the ingredients of the offence are different,” observed the Judge.

On Patil’s statement, the court said he has improved his statement significantly. “In the FIR on September 28, 2002, hours after the incident, he has not said anything about alcohol but he mentions this on October 1, 2002, in his supplementary statement….then he also said that he asked (to Salman Khan) whether he would drive the car and also asked him to slow down,” he said.

Justice Joshi further said, “…unnatural on part of conduct of Patil to say so many things that he has not said in the FIR, there has been a material improvement on drunkeness and asking Salman to drive slowly….it is more strange from this witness.”

“The name of Ashok Singh has come on record and that he was a driver in the employment of Salim Khan, the father of appellant-accused….besides, PW-27 (Inspector Kishan Shengal) has said that he had interrogated Ashok Singh and his statement was not recorded,” the Judge said.

The Judge drew adverse inference against the police for “withholding actor-singer Kamaal Khan from coming to the witness box.”

“Necessary adverse inference needs to be drawn,” Justice Joshi said, adding that non-examination of  an eye-witness is detrimental to the case of the prosecution unless he is not available or won over,” he said.

“The process (of summoning Kamaal) was issued at his old Mumbai address that he gave when his statement under 161 Cr.PC (before a Magistrate) was to be recorded in 2002 – and not the address that he provided to the Magistrate’s Court in 2008 – when he sought permission to go abroad.

“(His) corroboration could have been obtained on the issue of driving and drunkenness,” the Judge said, adding that his (Kamaal’s) examination could have brought to light the issue of fourth person in the car, driver Ashok Singh. “Only an apparant futile attempt was made to bring him,” Justice Joshi remarked.

The New Indian Express – Top News – http://www.newindianexpress.com/top_news/

Jury fails to reach verdict in trial of Robert Xie

Agen Sabung Ayam

Up to date December 01, 2015 ten:forty eight:twenty five

Map: Epping 2121

The demo of a Sydney guy charged with murdering 5 users of his prolonged household has finished with a hung jury.

Robert Xie stood trial in the New South Wales Supreme Courtroom for practically ten months, accused of utilizing a hammer to bludgeon the victims to demise.

The bodies of newsagent Min Lin, his spouse Lily Lin, sister-in-law Irene Lin and two sons Henry, 12, and Terry, nine, ended up located within their North Epping house in July 2009.

Mr Lin was Xie’s brother-in-law.

Xie was interviewed extensively by police not long right after the deaths in 2009, and once again the pursuing 12 months.

He was arrested and billed with the murders in May possibly 2011.

Xie first stood trial in May 2014, but the jury was discharged for legal factors.

A new jury in a next trial was also discharged, this time thanks to the ill overall health of the trial judge, Peter Johnson.

The existing trial started in February, prior to Justice Elizabeth Fullerton.

More to occur.

Topics: courts-and-trials, regulation-criminal offense-and-justice, murder-and-manslaughter, epping-2121, nsw

First posted December 01, 2015 10:forty two:56

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