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SA legislation change leads to new bid for murder conviction appeal

Agen Sabung Ayam

Posted December 08, 2015 fifteen:eighteen:forty nine

A modify in laws, which resulted in an Adelaide man’s murder conviction being overturned after he spent two a long time in prison, has sparked the charm of one more historic situation.

Frits Van Beelen is making use of for go away to charm his murder conviction, twenty five many years following completing his seventeen-year jail expression.

Van Beelen was identified responsible of murdering teen Deborah Leach at Taperoo Seashore, in Adelaide’s north-west in July 1971.

Ms Leach’s partially clothed physique was discovered buried in seaweed at 4:20am, far more than twelve hours following she was final observed managing toward the beach front.

Van Beelen admitted to getting at the beach around the time Ms Leach was last noticed, and he experienced earlier convictions for indecent publicity and attempted rape.

He was found responsible following getting brought to trial 2 times and submitted many unsuccessful appeals.

But new legal guidelines in South Australia now permit one more attractiveness after a felony has exhausted all charm avenues, if clean and persuasive proof can be developed.

It was by way of this laws change Henry Keogh had his murder conviction overturned.

Mr Keogh was unveiled from jail very last December, soon after investing 20 a long time driving bars.

He experienced been convicted in 1995 of drowning his fiancée Anna Jane Cheney in a tub at the couple’s Magill residence in Adelaide’s north-eastern suburbs in March 1994.

That conviction was overturned by the Courtroom of Prison Attractiveness, following it located there was a miscarriage of justice owing to flawed forensic evidence and he was released on bail to await a retrial.

The Director of Public Prosecutions (DPP) elected not to proceed with a re-trial and the demand was dropped.

The charm read the then main forensic pathologist, Dr Colin Manock, who testified at the trial that Ms Cheney was held underneath the h2o, later on modified his mind about critical proof, which includes the age of bruises on her legs.

The Supreme Court docket was told Dr Manock also gave evidence in Van Beelen’s circumstance.

Dr Mannock ‘unqualified, incompetent and untrustworthy’

Van Beelen’s counsel Kevin Borick QC statements Dr Manock was not experienced to give evidence.

“The proof that we depend on establishes that he was unqualified, incompetent and untrustworthy,” Mr Borick said.

“It is a broad dependent attack [on Dr Manock].”

Dr Manock was not trustworthy, he unsuccessful to disclose [information] and he used inconsistent science.

Kevin Borick QC

The courtroom heard the clean evidence supplied by Van Beelen’s authorized team provided a few posts increasing uncertainties about the scientific strategies utilized by Dr Manock to determine Ms Leach’s time of death.

Dr Manock established that she had been killed by salt water drowning amongst 4:00pm and four:30pm on July 15, 1971.

He also stated she experienced been sexually assaulted right after her loss of life.

Dr Manock relied on an examination of Ms Leach’s tummy contents and calculated the time necessary to procedure the foods to determine that she experienced been killed by four:30pm.

Other experts recommend physique temperature is an accepted way to figure out time of demise, but Dr Manock did not report the temperatures.

Mr Borick advised the Supreme Court docket in five other cases Dr Manock was included in, he experienced been identified to have provided unreliable proof and in the Keogh case he had “intentionally hid” or unsuccessful to disclose vital evidence.

Dr Colin Manock Photo: Van Beelen’s lawful team are arguing Dr Colin Manock was not certified to give proof. (YouTube)

“He realized that what he instructed the jury wasn’t accurate, but he was never billed with perjury,” Mr Borick said.

“He in no way experienced the skills to allow him to give proof.

“Dr Manock was not trustworthy, he unsuccessful to disclose [data] and he utilized inconsistent science.”

But Solicitor-General Martin Hinton has elevated inquiries about the admissibility and freshness of any new proof being offered in Van Beelen’s scenario.

“The proof is not in an admissible type. The rules of proof implement,” he said.

“There is no skilled, there is nobody who has filed an affidavit stating ‘here is the entire body of knowledge’.

“You do not start without having a witness.

“There is a issue with the admissibility of the new material which is arguably new and compelling evidence no matter whether or not it is now new in the context of a issue which is now forty a long time aged.

“If there was a reside witness and an affidavit, possibly there would be a issue that was reasonably arguable.”

Similar appeals to arrive pursuing Keogh’s achievement

Mr Hinton informed the courtroom it was very likely a quantity of comparable appeals had been in the works pursuing the passing of the new laws and the success of Mr Keogh.

This is a new electricity. It is 1 we are told will be used and utilised and utilised, again and yet again and once again.

Martin Hinton, Solicitor Standard

“This is a new energy. It is one we are advised will be utilized and utilized and used, once again and once more and again,” Mr Hinton mentioned.

“If that’s the case, with no disrespect, but you have to line your ducks up. This has not been carried out in this situation.”

Mr Hinton explained while Dr Manock had been criticised about his involvement in five circumstances, none included the identical established of circumstances.

“None of which concerned the identical kind of death – saltwater drowning – of system the Keogh scenario was refreshing drinking water drowning. It truly is crucial to make a difference.

“But your Honour is asked to say Dr Manock lacks competence at all.”

Justice David Lovell mentioned he was “troubled” by the admissibility of the posts provided by Van Beelen’s authorized staff, but said it was “inescapable that this is heading to the Total Court docket (of the Supreme Courtroom) one particular way or yet another”.

He referred the subject to the Courtroom of Prison Attractiveness, in which a few Supreme Court judges will consider no matter whether Van Beelen must be given permission to appeal from his conviction.

Outside court docket Mr Borick said he would take into account no matter whether to give an professional as part of the authorization to attraction argument.

The issue will be listened to on a day to be fixed.

Subjects: murder-and-manslaughter, criminal offense, law-criminal offense-and-justice, courts-and-trials, adelaide-5000, sa

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Rahul Leads Congress Protest Outside Parliament Over VK Singh’s Remarks

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NEW DELHI: Congress MPs led by Rahul Gandhi nowadays staged a protest outdoors Parliament house demanding removal of Union Minister V K Singh for his “pet” remarks.

Chief of the Opposition in Rajya Sabha Ghulam Nabi Azad, Leader of Congress in Lok Sabha Mallikarjun Kharge, party leaders Anand Sharma, Deepender Hooda and numerous others participated in the protest held shortly prior to the Lok Sabha and Rajya Sabha assembled for the working day.

Later talking to reporters, Congress leader Jyotiraditya Scindia said that they ended up elevating the concern as it was about “the conduct of a central government minister in opposition to a distinct group, infact Indians for each se”.

He mentioned that Federal government requirements to consider motion and only offering speeches was not ample.

Singh had kicked up a storm in October with his feedback that the Centre can not be blamed if any individual throws a stone at a pet to protect it from criticism for the Faridabad Dalit burning incident, prompting opposition to demand from customers his ouster.

Singh, who is Minister of State for Exterior Affairs, has been under opposition fireplace for allegedly making use of ‘dog analogy’ to refute allegations of inaction levelled from the authorities in the aftermath of two Dalit kids getting burned alive in Haryana.

The authorities facet has been insisting that Singh experienced not made any these kinds of remark about Dalits and there is no cause for the Opposition to increase the concern.

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National Front Leads in First Round of French Regional Elections

Agen Sabung Ayam

PARIS—France’s considerably-appropriate Nationwide Front was forward in the very first spherical of regional elections, early exit polls showed Sunday, positioning the anti-immigration social gathering to earn handle of numerous French locations in a second vote a week from now.

A few weeks soon after the terror assaults that still left a hundred thirty dead in Paris, Maritime Le Pen’s National Front took 30.6% of the mainland France vote, in accordance to an IFOP-Fiducial exit poll. That marked a surge from the final equivalent elections in 2010, when the party won only 11.four% of the initial-spherical vote.

President François Hollande’s Socialist party and allies arrived in third spot with 22.seven% powering Les Républicains—the middle-proper get together of previous President Nicolas Sarkozy—and its allies who garnered 27%.

The 1st-spherical results highlight the emergence of Ms. Le Pen’s Countrywide Front as a 3rd force in French politics, able of luring mainstream voters. With eighteen months to go to presidential and legislative elections, the benefits also underline the fading momentum of Mr. Hollande’s Socialists and other leftist groups, who currently preside above all but one particular of France’s mainland locations.

The powerful 1st-spherical score doesn’t promise the Nationwide Front will get manage of one particular of France’s locations. But their odds are far better than in other neighborhood votes since the regional elections don’t essentially finish in runoffs. That indicates numerous functions can get by means of to the 2nd spherical of voting, making it difficult for mainstream parties to unite guiding 1 anti-Countrywide Front applicant in a runoff, as they have in the previous.

The party that requires the greatest share of the vote in the 2nd round subsequent Sunday will get a bonus of twenty five% of the seats at the regional assembly, which almost guarantees greater part handle of the location.

The strength of the Countrywide Front in the very first-round vote will pressure the mainstream events to scramble in the coming days to find methods to block the National Entrance in areas in which it is forward. Key Minister Manuel Valls has already said that his Socialist celebration and Mr. Sarkozy’s Les Républicains must put together to bury many years of rivalry and merge their lists of candidates for the 2nd-spherical vote for the regional assemblies. Alternatively, a single celebration could withdraw from the race.

The Countrywide Front had already chalked up successes in neighborhood elections in modern many years after Ms. Le Pen cracked down on the anti-Semitic rhetoric that held the Countrywide Front on the margins of French politics under the stewardship of her father, Jean-Marie Le Pen. Mr. Le Pen’s expulsion from the celebration in August crowned that makeover.

But the National Front has continued to endorse anti-immigration and anti European guidelines, blended with phone calls for challenging-line safety measures. That enabled Ms. Le Pen to bolster assist soon after the Paris attacks by castigating Mr. Hollande for not utilizing quickly enough the policies she has prolonged espoused.

In the Nord-Pas-de-Calais-Picardie, the place Ms. Le Pen is heading the National Front ticket, the considerably-right celebration took an massive lead with forty three% of the vote, in advance of Mr. Sarkozy’s Les Républicains with 24%, in accordance to the IFOP-Fiducial exit poll. If Ms. Le Pen wins the 2nd spherical of voting, she will probably turn into president of the region—the maximum business office she has at any time attained.

Using electrical power in one of France’s twelve mainland regions would be a symbolic coup for the National Entrance. Regional assemblies and their presidents have no management in excess of the Countrywide Front’s favored subjects of protection, safety and immigration. But the region plays a central part in defining financial coverage, channeling subsidies to firms and constructing high faculties.

Entrepreneurs in locations exactly where the Countrywide Front is polling strongly are worried about the impact of a victory for the social gathering.

In accordance to a study of 403 organization leaders by IFOP-Fiducial between Nov. 26 and Dec. 2, a bulk of company leaders expect a negative influence on positions and investment if Marion Maréchal Le Pen—Ms. Le Pen’s niece—wins in the southern location of Provence Alpes-Côte d’Azur. Out of individuals polled, 70% stated a Countrywide Entrance victory in the next spherical would make them nervous about the long term.

Compose to William Horobin at William.Horobin@wsj.com

WSJ.com: Globe News

Trump, Clinton Extend Leads in US 2016 Race: Poll

Agen Sabung Ayam

WASHINGTON: Donald Trump has prolonged his lead in the Republican presidential nomination race amid a new bout of controversy more than his remarks about Muslims, whilst Hillary Clinton has consolidated her direct amongst Democrats, a poll showed right now.

Considerably less than two months ahead of the 1st condition-extensive votes to determine the parties’ nominees, Trump was the undisputed Republican chief with 27 per cent, whilst his closest challenger for months, retired neurosurgeon Ben Carson, has pale to third location, according to the Quinnipiac University survey.

Freshman Senator Marco Rubio of Florida has surged into next with seventeen for each cent, even though Carson is tied for third with Senator Ted Cruz of Texas at sixteen for every cent. Former Florida governor Jeb Bush languishes in fifth area with five p.c, even though no other prospect is above a few for each cent.

Quinnipiac executed its poll very last week. Its Republican figures have a margin of mistake of three.8 proportion details the mistake margin for the Democratic polling is four.one share factors.

Trump has confronted fierce criticism for several remarks he has manufactured in modern months, such as saying “thousands” of Muslims in New Jersey cheered when the Globe Trade Middle collapsed in the 9/eleven attacks of 2001, a claim that has been extensively debunked.

“It isn’t going to seem to be to issue what he suggests or who he offends, whether or not the information are contested or the ‘political correctness’ is challenged, Donald Trump would seem to be putting on Kevlar,” Quinnipiac assistant poll director Tim Malloy mentioned in a news launch detailing the results.

Trump, who was at 24 for each cent one particular thirty day period in the past, has topped nearly all Republican polls considering that July.

On the Democratic side, Clinton has risen to 60 per cent assist, double the backing of her closest rival, Senator Bernie Sanders of Vermont, at thirty percent, in accordance to Quinnipiac.

Previous Maryland governor Martin O’Malley registers just two per cent in the much more compact Democratic subject.

Clinton, bolstered by Vice President Joe Biden’s selection not to look for the nomination, has appeared far more confident on the campaign path.

Sanders, a self-described democratic socialist, has sought to seduce voters on the remaining, but his marketing campaign, which soared in the summer season, seems to have appear down to Earth and is plodding together with tiny obtain in opposition to Clinton.

The very first point out-wide vote in the primary approach to figure out the parties’ nominees happens in Iowa on February 1, adopted by New Hampshire on February 9.

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Palmer overcomes early jitters, leads Cardinals to victory

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By BOB BAUM, AP Sports Author

GLENDALE, Ariz. (AP) — Carson Palmer explained last 7 days this was “not just yet another game.”

His Arizona Cardinals were facing Cincinnati, the franchise in which his NFL career started and the place he sat at home fairly than perform prior to the team last but not least traded him.

So probably that clarifies the early issues Arizona experienced in Sunday night’s games, but he positive manufactured up for it after that in the Cardinals’ 34-31 victory.

Palmer overcame two early interceptions to throw four landing passes, then capped his evening off by completing a few swift passes in the closing fifty seven seconds to established up Chandler Catanzaro’s sport-successful 32-yard field objective with two seconds to engage in.

“I just made two truly silly performs,” Palmer stated. “Just sort of received the jitters out and we received rolling. We caught fireplace in the next 50 %.”

In the 2nd fifty percent, Palmer completed 13 of 19 passes for 236 yards and 3 touchdowns with no interceptions.

“I think he needed to get after these guys a little also much early,” Arizona coach Bruce Arians mentioned, “and then he settled down and acquired into rhythm.”

Cincinnati quarterback Andy Dalton bounced again from a subpar performance the previous week towards Houston to guide the Bengals back following Arizona took prospects of 28-fourteen and 31-21 in the 2nd fifty percent.

“I think the a single factor you can consider from this is that there is no stop,” Dalton mentioned. “We fought until finally the extremely conclude and which is great to see. We have got to keep that mentality. We’ve got to preserve performing that. So there is some constructive you can get from it.”

Listed here are some items to ponder in the wake of Arizona’s victory.

THAT PENALTY: Bengals coach Marvin Lewis known as it “that phantom contact.”

It could not have expense Cincinnati, but it certain produced that previous subject objective a complete good deal simpler.

The Cardinals have been at the Cincinnati 27-lawn line and were attempting to spike the ball to stop the clock and set up the game-successful attempt.

There was motion up entrance but, relatively than phone a fake commence, the official ruled that defensive tackle Domata Peko was barking out offensive alerts, an unsportsmanlike perform penalty that moved the ball to the fourteen. Had there been a bogus begin, the kick would have been pushed back rather and the game could have wound up in additional time.

“I believe in what our player did and mentioned,” Lewis mentioned. “He’s alerting a operate and not anything at all to do with what they (the Cardinals) are declaring. I don’t see how they make that phone at that point in the match like that. I have confidence in our dude to be sincere with me.”

Peko explained he’d never ever witnessed that penalty named considering that he’s been in the NFL.

He said the Cardinals simply jumped in advance of the snap.

“I was just declaring ‘get set, get established, get set’ since they had been on the ball fast,” Peko said, “and I guess they thought I stated hike or anything. I didn’t say hike. … They had been previously in area objective assortment and we have been just trying to make a engage in to get, they leap offside and I thought that would knock them out of subject purpose range.”

SO Fast: John Brown may well not be Arizona’s speediest receiver any more. J.J. Nelson may well earn that race.

Nelson, a slim, slight rookie from Alabama-Birmingham, caught four passes for 142 yards, which includes a magnificent sixty four-yard reception for a landing to tie it at 14-14 early in the second fifty percent.

As he watched the ball soar towards him, Nelson stated he was just considering “Appear down, appear down as fast as achievable, and it did.”

“I was just thankful to get that initial landing,” he stated.

EIFERT Strong: Bengals limited finish Tyler Eifert experienced a handful of uncharacteristic drops in the team’s 10-six decline to Houston the earlier week, but he experienced two big types for touchdowns towards the Cardinals.

His second a single reduce the direct to a few factors late.

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Thompson leads Warriors to 15-0 start, beat Nuggets 118-105

By PAT GRAHAM, AP Sports Author

DENVER (AP) — Klay Thompson scored 21 points and the Golden Condition Warriors tied the best start in NBA historical past, beating the Denver Nuggets 118-105 on Sunday night to transfer to 15-.

Golden State matches the start off of the 1948-forty nine Washington Capitols and the ’93-ninety four Houston Rockets. The Warriors can crack the record Tuesday at home against the Los Angeles Lakers.

Here is far more background: The Warriors surpassed the ’57-fifty eight Boston Celtics for the ideal start off by a defending champion.

Thompson hit a 3-pointer with 2:08 remaining in the next quarter and Golden Condition never ever trailed yet again. The reserves constructed up a sizeable direct and authorized Stephen Curry to rest the total fourth quarter. He experienced 19 factors, the initial time this season Curry didn’t reach twenty.

Darrell Arthur had 21 factors for the Nuggets, who’ve missing three straight. Kenneth Faried was sidelined by a sprained remaining ankle.

Harrison Barnes scored seven of his seventeen factors in the third quarter to let the Warriors to achieve some separation. This was the way issues went for the Warriors in the 3rd: Festus Ezeli skipped a wide-open up dunk and it clanged straight to Curry, who drained a three-pointer.

When the Warriors performed in Denver last March, they rested Curry &amp Co. That did not sit nicely with followers who were expecting to see the sharp-capturing guard.

Resting wasn’t an selection this time. Not so shut to an NBA record.

“Regardless of whether or not we get it, it really will not have an effect on our ultimate objective of making an attempt to earn a championship,” mentioned interim mentor Luke Walton, who picked up a specialized in the third quarter. “It would be something wonderful to get together the way.”


Warriors: Walton mentioned head mentor Steve Kerr (back again surgery) is “undertaking better.” Mentioned Walton: “He receives truly unwell of being asked that question. So I’ve stopped inquiring it.” … The Warriors ended up 15 of 29 from 3-point selection.

Nuggets: Just before the recreation, mentor Michael Malone equated the Nuggets to getting the “Washington Generals” — the usual opponent for the Harlem Globetrotters — since the tv audience desires to see the Warriors and “no person is listed here to see us. We’re Okay with that. We are playing in opposition to a excellent crew.” … Joffrey Lauvergne (again) and Jusuf Nurkic (knee) failed to perform. … Nikola Jokic had 11 details and 11 rebounds.


Here’s a look at consecutive victories to commence a standard year in other sporting activities, in accordance to STATS:

— In the NFL, the 2007 New England Patriots received 16 straight.

— In the NHL, the 1993-94 Toronto Maple Leafs and 2006-07 Buffalo Sabres reeled off ten straight wins.

— In baseball, the 1884 St. Louis Maroons — who played in the Union Affiliation — gained 20 straight. As significantly as AL/NL is involved, the ’82 Atlanta Braves and ’87 Milwaukee Brewers gained 13 in a row.

UP Next

Warriors: host the Los Angeles Lakers on Tuesday.

Nuggets: Host Los Angeles Clippers on Tuesday.

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