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Neddy Smith drama for ABC
Blue Murder Sydney Australia Part One
http://www.australiantelevision.net/bm/articles.html
Neddy Smith drama for ABC
CAREER criminal Neddy Smith has been given the green light to save struggling ABC boss Jonathan Shier.
The Director of Public Prosecutions last night cleared the way for the network to screen its award-winning mini-series Blue Murder in NSW, by no billing an indictment against Smith, 56, for the murder of drug dealer Lewton Shu in 1983.
The decision comes in the nick of time for the ABC with OzTAM figures showing the network has hit rock bottom under Mr Shier.
Blue Murder is based on the exploits of corrupt NSW police and criminals during the '80s.
It stars Tony Martin as Neddy Smith, Gary Sweet as hit man Christopher Dale Flannery and Richard Roxburgh as Roger Rogerson. Since 1995 it has screened in all other Australian states twice, but it could not be shown in NSW because of the charges outstanding against Smith.
According to the ABC, pirate videotapes of the series have been in hot demand around Sydney. Critics consider it one of the best programs ever screened on Australian television.
The head of publicity at the ABC said the program would be scheduled nationally and probably would not go to air for another six weeks.
The decision by the DPP means little to Smith who is serving life for murdering brothel owner Harvey Jones in 1983.
It was the only conviction to arise out of seven murder charges against Smith after a cellmate secretly recorded their conversations and went to the police.
By Peter Lalor And Anthony Peterson
Daily Telegraph
July 13, 2001
AT LAST…
THE STORY NSW AND THE ACT WAS NEVER ALLOWED TO SEE!
BLUE MURDER
The most controversial drama series ever made in Australia, BLUE MURDER, will finally screen in NSW and the ACT six years after it was prevented from broadcast. The two part series will begin Tuesday 31 July at 9.30pm, concluding Wednesday 1 August at 9.30pm.
The highly acclaimed drama that delves into corruption in the NSW police force and crime underworld of the 80's, was legally embargoed from screening in NSW and the ACT because underworld identity Neddy Smith, one of the key characters in the series, was charged with seven counts of murder just before the program was due to be broadcast in 1995.
Earlier this month, the Director of Public Prosecutions decided not to prosecute Neddy Smith for the murder of Lewton Shu, clearing the way for the first ever screening of BLUE MURDER in NSW and the ACT.
In all other States and Territories, the BBC drama CARE will screen at the same time.
BLUE MURDER begins with Sydney criminal Neddy Smith's activities in the late 1970's, charting his gradual acceptance into a circle of corrupt police officers led by top cop Rogerson and culminates with the shooting of policeman Michael Drury and the crumbling of Rogerson's empire in the late 80's. The series features an outstanding cast including Richard Roxburgh as Dt Sgt Roger Rogerson, Tony Martin as Needy Smith and Steve Bastoni as Michael Drury, with Gary Sweet, Alex Dimitriades, Peter Phelps, Marcus Graham and Bill Hunter.
BLUE MURDER is an ABC / Southern Star Entertainment Production. Written by Ian David. Directed by Michael Jenkins. Produced by Rod Allan.
BLUE MURDER (NSW AND ACT ONLY)
Screens Tuesday 31 July and Wednesday 1 August at 9.30pm
ABC Media Release
Thursday 26 July 2001
Blue Murder hits ABC next week
The award-winning drama series Blue Murder, which colourfully re-creates Sydney's 1980s underworld, will screen on television in NSW for the first time next week.
The ABC's legal and scheduling departments finally gave Blue Murder the green light to be screened here and in the ACT yesterday, six years after it was shown in the rest of Australia.
Featuring Tony Martin as notorious criminal Neddy Smith and Richard Roxburgh as infamous detective-sergeant Roger Rogerson, it will air in two parts at 9.30pm on Tuesday and Wednesday.
Already widely viewed on bootleg copies by police, lawyers, criminals and anyone else interested in such fare, the program is still expected to be a ratings success for the ABC.
Blue Murder was pulled from screening in NSW in 1995 when Smith was charged with seven 1980s murders, all of which have now been dealt with by courts.
Four of those murder charges were dropped at committal, one led to conviction at trial, one was "no billed" by the Director of Public Prosecutions earlier this month and one, that of Sallie-Anne Huckstepp, ended in acquittal by jury.
Despite that verdict, Blue Murder will still go to air with a scene in which Smith kills Huckstepp.
The first part of the series features Smith being awarded a "green light" to commit crimes by police grateful for Smith's favourable evidence at the inquest into the death of drug dealer Warren Lanfranchi, whom Rogerson shot in 1981.
It culminates with the shooting of drug squad detective Michael Drury by hitman Chris Flannery, in a conspiracy involving Melbourne drug dealer Alan Williams and Rogerson, who in real-life was cleared of involvement. The second part follows the flawed investigation into Drury's shooting, Flannery's and Huckstepp's murders, Rogerson's career downfall and Smith's descent to prison, where he has remained since.
By Stephen Gibbs
Sydney Morning Herald
Thursday, July 26, 2001
ABC rushes Blue Murder
THE ABC's controversial award-winning miniseries Blue Murder about Sydney's underworld will be shown nearly a month ahead of schedule in NSW next week.
The program was due to air in late August but an ABC spokeswoman said the threat of legal action forced the network to screen it early.
"We have to move quickly to screen it because there may be charges pending against some other well-known people portrayed in the show which might stop us from screening it," she said.
"We've been given a small window of opportunity and our lawyers have given us clearance to screen it, but we have to do it quickly."
The 1995 production, which has been shown twice in all states except NSW, dramatises police corruption and underworld activities in the 1980s. It could not be shown in NSW because of outstanding charges against Neddy Smith, who is serving a life sentence for murdering brothel owner Harvey Jones in 1983.
Two weeks ago the Director of Public Prosecutions cleared the way for the series to be screened in NSW by no-billing an indictment against Smith, 56, for the murder of drug dealer Lewton Shu in 1983.
Based on Smith's autobiography and the book Line of Fire about the 1984 shooting of drug squad cop Michael Drury, Blue Murder depicts various underworld killings.
It stars Tony Martin as Neddy Smith, Gary Sweet as hit man Christopher Dale Flannery and Richard Roxburgh as Roger Rogerson.
* Blue Murder airs on the ABC next Tuesday and Wednesday at 9.30pm
Better late than never
As Blue Murder gets the all-clear to screen in NSW, Tony Davis takes a personal look at the events covered in the controversial drama.
It is truly odd that one of the best pieces of television drama ever produced in Australia has never screened in NSW, the country's most populous State and the one in which 90 per cent of the story is set. But that's the case with Blue Murder, winner of multiple AFI awards, which screened in the rest of the country in 1995. Now, following a decision by the Director of Public Prosecutions not to pursue Neddy Smith over a 1983 murder, the ABC will air the miniseries over two nights, from Tuesday.
Those who have not managed to beg, borrow or otherwise obtain an interstate video of Blue Murder during the past six years should get ready for an absolutely compelling re-creation of real-life events from the early 1980s.
With brilliant and appalling ferocity, Blue Murder recalls an era unlike any other in Australian criminal history, one in which certain police and crooks formed a partnership to more effectively commit crimes that at least one side of the equation was meant to prevent.
Blue Murder is a masterful piece of scripting, direction and acting. Rapid-fire conversations overlap while cameras follow the action in documentary-style, always giving you the sense you are moving among real and dangerous people rather than having scripted lines delivered to you.
Some of the greatest names of the Sydney underworld are portrayed: Christopher Dale Flannery, the hitman known as Rent-a-kill; Warren Lanfranchi, the heroin dealer who preferred a baseball bat to a well-structured argument when it came to financial negotiations; Lanfranchi's girlfriend, the glamorous and screwed-up Sallie-Anne Huckstepp; and above all others, Neddy and The Dodger.
Neddy was Arthur Stanley Smith, the drug dealer and armed-hold-up specialist given the green light by certain police to commit any crime (except murdering police), as long as he shared the proceeds. Neddy left bank robberies in police cars, while the cops up front radioed headquarters to say they'd lost the trail of the suspects.
The Dodger was Detective Sergeant Roger Rogerson, whose name will forever be prefixed by the words "disgraced" and "former". He became a household name in the early 1980s after winning a supposed OK-Corral-style shootout with Warren Lanfranchi in a Chippendale lane.
Generally less mentioned in this whole story but equally important—from this writer's point of view, at least—is me.
Blue Murder, which I watched in one breathless sitting, took me back to Glebe Coroner's Court in 1981 where, as a second-year newspaper cadet, I spent day after day with many of the "cast", sitting just a few steps away from Rogerson, Huckstepp and others, watching their every movement, reporting on each word said.
I was 20 years old. There are a lot of things I was at 20 that I am glad I am not now. Gullible is one of them. Sure, one senior policeman might play with the truth, I thought. But not two, or three, or four… and surely entire events and interviews wouldn't be invented from scratch.
It seemed so clear cut: Detective Sergeant Rogerson was a policeman with bravery commendations and Lanfranchi was a drug dealer. Officer after officer supported the story that Lanfranchi had pulled a gun first. OK, there were no fingerprints on the butt, but police forensic experts said that was not unusual.
Later revelations would change public perceptions of the NSW Police Force. Back then there still was a general sense that even when the police occasionally bent the rules, they were still operating in our best interests.
Anyway, during the Lanfranchi trial the other side overplayed its hand. During the court breaks, a cavalcade of interested parties came to the little windowless press room or stopped me in the corridor to explain that senior police controlled the State's entire heroin trade, had committed bashings, murders and more besides; that Rogerson, in spite of his modest income, leased a Lamborghini.
It seemed too far-fetched to be true, and later events showed it wasn't true. It was a Bentley, for example, and Rogerson owned rather than leased it.
I was reporting for the News Limited newspapers: The Daily Mirror, The Daily Telegraph and The Australian. My court-reporting training had consisted of being shown around Glebe Coroner's Court by the cadet I replaced, and of me asking as many questions as would be tolerated by the other permanent press-room fixture—a young reporter from Fairfax's late and unlamented The Sun.
Being a newspaper cadet in the blokey, beer-soaked atmosphere of early 1980s journalism is the sort of thing you are glad to have done, but would never do again. I spent several months as a graveyard-shift ambulance-chaser and remember it as a time of fires, car crashes, deathknocks and bullet-ventilated bodies face-down in parks.
Some of those bodies, we later learned, belonged to people who had been in the orbit of Lanfranchi, Smith and Rogerson, but for me at the time there was never a sense that any of the criminal goings-on I saw each week were likely to endanger average punters—or involved the police.
There was great camaraderie on police rounds. Senior journos drank with influential cops or chatted about wives and kids while the warehouse fire blazed or Police Rescue unwrapped the car from the pole. Some old-hand reporters could get traffic fines pulled and more. Rogerson received a bouquet of "hero" stories the morning after the Lanfranchi shooting.
The situation served the press and the police well. The only people who lost out were the public.
Glebe Coroner's Court, where I was stationed for several months, was directly above the morgue. A rather strange employee, who kept his lunch in the cold room, delighted in taking young reporters through his domain, leading the way through a field of unclad corpses on steel trolleys parked in neat rows, or through the autopsy rooms where cadavers were being pulled to pieces. "This is a motorcycle accident and this is a drowning," he would explain, but his favourite show-and-tells were the ones in the freezer drawers, the often butchered or burnt corpses being kept as evidence. Warren Lanfranchi's was among these, deteriorating and blighted with some sort of fungus.
Lanfranchi was not much older than I was. His world couldn't have been more different and, as evidence came out, it showed beyond doubt there were two completely separate Sydneys existing at the same time with very little interaction between them.
Blue Murder authentically depicts the amazing things that were happening in unremarkable-looking pubs and restaurants around Glebe, Surry Hills and Chinatown. They were places I had walked past hundreds of times with scarcely a thought that there might be a bashing in progress, a hit being organised, the proceeds of a job being split or police and crims drunkenly engaging in a target-shooting contest in the basement.
Blue Murder does not judge. It merely presents a well-informed view of what happened, and, in showing the charisma, bravery and brutality of Neddy and The Dodger, helps explain the control this unlikely partnership established.
If there's proof of a good historical re-enactment, it's when you become so involved with the characters they become fixed in your mind as the real people. When I see actual footage of Neddy or the Dodger, they don't look quite right—yet when, say, Tony Martin turns up on screen I immediately think of Neddy Smith and even shiver a little.
Writing this story made me go back and look for my old newspaper clippings. The court stories I covered—the Lanfranchi shooting, the Harry M. Miller fraud trial, the notorious severed-head-and-fingers murder of Kim Barry in Wollongong and others—were filed by phone in great haste during adjournments. They became littered with typos and literals as they were quickly shunted through copytakers, sub-editors working with pencils, then compositors shaping the words mirror-wise in hot metal.
Anyone who thinks media standards are slipping ought to search out newspapers from that era and compare. And anyone who harks back to the good old days when the streets were safe and the cops were on our side should watch Blue Murder.
Sydney Morning Herald
Monday, July 30, 2001
The who's who of Blue Murder
Detective Sergeant Roger Rogerson
Once considered among the local constabulary's finest, "The Dodger" was brave enough to stare down the likes of Christopher Dale Flannery and Neddy Smith. Rogerson cultivated friends and allies in high and low places and was ruthless in the way he did business. He shot Warren Lanfranchi in a narrow lane in 1981—supposedly after Lanfranchi drew a gun on him—and watched his empire crash down soon afterwards. Played beautifully by Richard Roxburgh.
Currently A free man (acquitted of conspiring to murder Michael Drury, he served three years in the '90s for conspiring to pervert the course of justice), although the Police Integrity Commission recommended this year he be criminally charged on three counts.
Arthur Stanley "Neddy" Smith
The dangerous and highly intelligent crook with a heart of venom. His frightening autobiography, Neddy, illustrates a man operating on a completely different moral code to the rest of us (though, alas, on the same moral code as several powerful NSW policemen). Tony Martin delivers with chilling authenticity.
Currently Serving a life sentence for murder and suffering from Parkinson's disease. He was acquitted in 1999 of the murder of Sallie-Anne Huckstepp.
Michael Drury
The cop who claimed he wouldn't take a bribe from Rogerson and almost paid for it with his life. Steve Bastoni interviewed Michael Drury to get the role right, and plays him with enough ambiguity to ensure he is not a cliched hero. Bizarrely, Michael Drury and wife Pam came on set to see the scene in which Drury is shot in his Chatswood home.
Currently Retired from the NSW Police Force last year.
Christopher Dale Flannery
The wild hitman known as Rent-a-kill. The unlikely casting of Gary Sweet is a triumph and Blue Murder leaves no doubt about Flannery's much-discussed fate.
Currently Believed dead.
Warren Lanfranchi
Petty crim and drug dealer, shot by Rogerson. It was claimed by Lanfranchi's family he had $10,000 on his person at the time of the shooting. It was not there when the body arrived at the morgue. The Blue Murder account is very different to the one Rogerson detailed under oath. A 21-year-old Alex Dimitriades does the honours.
Currently Dead.
Sallie-Anne Huckstepp
Prostitute, drug addict and girlfriend of heroin dealer Warren Lanfranchi—yet glamorous enough to captivate television cameras and become a household name with her allegations about Rogerson. Before playing the role, Loene Carmen interviewed Huckstepp's daughter, Sasha, who herself turns up as a nurse in Blue Murder.
Currently Dead.
Ian David
The writer of Police Crop, Joh's Jury and other classy TV dramas, David based his Blue Murder script on In the Line of Fire (the story of Michael Drury by Herald journalist Darren Goodsir) and Neddy, by Neddy Smith with Tom Noble. He also met Smith, conducted hundreds of other interviews and suffered real-life threats and burglaries while working on the project.
Currently President of the Screen Writers' Guild; developing a miniseries about the Ivan Milat backpacker murders.
Michael Jenkins
The director of Blue Murder, Jenkins also worked on the controversial '80s miniseries Scales of Justice.
Currently Working on Young Lions, a drama pilot for Nine, and developing a film on the life of Ned Kelly.
Blue Murder screens on the ABC on Tuesday and Wednesday night at 9.30pm.
Real-life drama in TV classic
WHEN Blue Murder screens tonight, NSW viewers will finally be able to make up their own minds on what is fact or just good television.
While the truth may never be known, Blue Murder writer Ian David yesterday admitted he had received threatening phone-calls, had his home broken into and heavy criticism from some of the people portrayed in the confronting drama.
The events depicted in Blue Murder are based on Neddy Smith's autobiography and journalist Darren Goodsir's In the Line of Fire, as well as David's own research and interviews.
But the writer said while the events were necessarily dramatised, he stood by his work saying it was as close to reality as he could make it.
"It was the best we could do for the time," he said.
"When I look back on it I'm quite pleased that it still stands up."
The series centres on the infamous shootings of drug dealer Warren Lanfranchi by detective Roger Rogerson in Dangar Place, Chippendale. It also deals with the shooting of policeman Michael Drury at his home–allegedly by missing hitman Christopher Dale Flannery.
Other incidents shown include Neddy Smith killing Lanfranchi's prostitute girlfriend Sallie-Anne Huckstepp–a murder for which he was later acquitted.
David said he would watch the show with director Michael Jenkins and actor Tony Martin, who portrayed Smith, over a few beers.
The actor on whom the production relies most, Richard Roxburgh, yesterday was filming a movie in London but said his chief fear after playing the role was the reaction of his real life character Roger Rogerson.
While Rogerson, who watched part of the TV show during a 60 Minutes interview, has always maintained he shot Lanfranchi in self-defence, the former detective sergeant is said to have liked Roxburgh's portrayal–apart from his smoking and piano playing.
"It was a very weird hall of mirrors experience as I watched Roger watching me being him," Roxburgh said.
But another of the four former police officers who witnessed the shooting in Dangar Place was yesterday not so forgiving of any dramatic licence.
Retired Detective Sergeant Rodney Moore was driving his white Volvo only metres from Rogerson when he saw the 1981 shooting.
Mr Moore, now working as a labourer, said that while Blue Murder was good entertainment, he was angry at the depiction of the character Mal Rivers.
"They have got this 'Mal Rivers' taking money out of Lanfranchi's strides," he said. "This is just absolute rubbish. What happened was what was in the coroner's court. Lanfranchi pulled out a gun and Rogerson shot him."
July 31, 2001
Daily Telegraph
ABC drama a killer in the ratings
Six years after it was made, Blue Murder has been a triumph for the ABC. On Tuesday night it averaged 379,000 viewers in Sydney. It had been shown in other Australian cities years ago, but legal cases involving the key characters delayed its presentation in its state of origin.
An audience of 379,000, as measured by OzTAM, may not sound huge compared to the 800,000 who watched Thorpie winning gold medals last week, but let's put it in context. Sydney people, in common with the rest of Australia, tend to go to bed early, so it's rare for any program starting at 9.30pm to attract more than 300,000 viewers.
Channel Ten's much publicised youth drama, The Secret Life of Us, which screens at 9.30pm on Mondays, scored 251,000 viewers this week, while Nine's Sex and the City, showing at the same time, scored 310,000. The critically acclaimed The West Wing, which showed at 10.30 on Tuesday night, attracted 150,000.
Blue Murder did surprisingly well with what TV programmers call the "youth demographic", who would have been at primary school when the events in the show happened. About 129,000 Blue Murder viewers were aged between 16 and 39 (while the usual youth favourite, Rove Live on Ten, attracted 143,000 groovers).
Normally the ABC's most watched program of the week is The Bill, which attracted 381,000 Sydney viewers on Tuesday—considerably more than its usual 320,000. This suggests Blue Murder encouraged some eager viewers to tune in early. Perhaps the ABC should show it every night.
By David Dale
Sydney Morning Herald
Thursday, August 2, 2001
Almost all the chilling truth
Is Blue Murder an accurate portrayal of events? Or is it racy fiction wrapped around a thin skeleton of facts to make electrifying television? Or a bit of both?
There are doubts about the show's claim of being a true representation of the police and underworld wars. Such reservations are understandable, given the brazen, nonchalant way in which corrupt deals and killings are presented.
But not only are the scenes believable, they are, in more than 90 per cent of the cases, chillingly accurate. And that's what makes Blue Murder all the more terrifying.
Screenwriter Ian David researched the story extensively and interviewed some of the players. He also blended truthfully the themes raised in the two books that provided the platform for the production. So intent was he on accuracy that many scenes were filmed where they took place.
For instance, undercover policeman Michael Drury's shooting was filmed in the home where the event occurred. Roger Rogerson's barbecue with Neddy Smith and other mates was filmed in the real Rogerson's former backyard in Condell Park, and drug dealer Warren Lanfranchi is shot in the Chippendale laneway where the real Lanfranchi was shot.
But for pedants, there are some issues worthy of debate.
Smith is shown murdering Sallie-Anne Huckstepp but he has been acquitted of this crime. He is shown throwing solicitor Brian Alexander off a boat, but he has never been convicted of it.
It is highly unlikely that Smith, or any of Rogerson's colleagues, were privy to the talks about the attempted killing of Drury. And Rogerson never smoked cigarettes.
There are other small errors, but given the body of work that is assembled, and the multitude of events canvassed, they are minor.
However, on the flipside, Smith did confront CIB chief Noel Morey at Morey's boozy farewell, but perhaps not in the manner depicted; Smith did accompany Rogerson to many police functions; and hitman Christopher Dale Flannery visited hospital to see if he could "finish the job" after failing to kill Drury.
Another feature that has intrigued some viewers is the matter-of-fact way in which Drury reacted to the offer of a bribe from Rogerson. It is this author's view that Drury's nonplussed response says more about the state of the police then, rather then anything to do with Drury's integrity.
Darren Goodsir is a Herald journalist and the author of Line of Fire, upon which Blue Murder is partly based.
By Darren Goodsir
Sydney Morning Herald
Thursday, August 2, 2001
Our town: the secret of Blue Murder's success
A gutsy cops-and-robbers story shot in our backyard and speaking our language, that's why this drama is a hit. And it should help a few actors' careers, writes David Dale.
It was made six years ago, about events that happened 20 years ago. The photography is grainy at times, and you can't understand a lot of the dialogue. Many of the characters are not clearly identified, and their motives are obscure.
Some of the events are implausible, bordering on preposterous. One of the real people portrayed in it has said: "It's not a bad movie as a drama, but it's all bullshit."
So why did Blue Murder work so well with Sydney viewers, and why will it launch or relaunch so many showbiz careers? A few possible explanations…
It confirms the deepest archetypes of our city. We like to think of ourselves as living in a rough, tough pragmatic town. Sydney's first police officers were criminals, because Governor Phillip appointed 12 of his most trusted convicts as "the Night Watch" in 1790. That interchangeability established a tradition which lasted at least 200 years.
Sydneysiders have always believed their coppers were a bit bent, and haven't been too fussed about it, as long as somebody came around to commiserate about break-ins. If Roger Rogerson dispensed a bit of vigilante justice, that was what those scum needed. If the cops let Neddie Smith bash a few blokes at a two-up game, or helped him throw a crooked lawyer to the sharks, that's what defines us as an exciting metropolis.
We sometimes wondered if the rumours about powerful people we were hearing in the pub were just urban myths. Blue Murder showed they were true. And when Neddie describes the show as "bullshit"—well, he would say that, wouldn't he?
It speaks our language. Thugs and cops don't articulate like trained thespians, and it was a brave move for Blue Murder's director, Michael Jenkins, to let them mumble some of the time, and for the ABC not to censor the f- words and the c- words or tone down the brutality in an attempt to enlarge the audience. It's late-night viewing, designed for people who don't mind a little mental exercise to fill in the gaps.
We want to encourage the ABC to return to its glory days. Once upon a time the ABC had money to spend on dangerous drama that held up a mirror to Australian society. Now the ABC has a boss who thinks The Weakest Link is groundbreaking television.
It has familiar actors at the top of their game. As the moustachioed villain in Moulin Rouge, Richard Roxburgh was just silly (in accordance with the director's instructions). As the South African sidekick to the Scottish sadist in Mission: Impossible II, he was wimpy. For the past six years, we've been underestimating him—because we weren't allowed to see Blue Murder. Finally we know what a charming monster he can be.
If we saw Wildside (also directed by Michael Jenkins) on TV two years ago, we know Tony Martin can do an idealistic cop barely under control, and if we saw The Interview at the movies or on video (or best of all, on DVD), we know Tony Martin can do a cop who might just be crooked. But we never knew he could make us feel sorry for a brutal killer.
We'd gone off Gary Sweet lately, but now that we've finally seen his hyped-up Rent-a-Kill, we look forward to a comeback (even without the fluff-wig). And why haven't we seen anything lately of Loene Carmen, who played Sallie-Anne Huckstepp (after an auspicious start as the love interest in The Year My Voice Broke)? Blue Murder even managed to remind us that Ray Martin was once a subtle interviewer.
It has impeccable period detailing, smart jokes and a car chase. Blue Murder isn't homework, it isn't a sociological duty, it isn't subsidised culture—it is just entertaining. How about Neddie's big-collar shirts and wide lapels, the Dodger's cardigan, the barbie round the pool, the gorgeous sunset on the harbour, and dialogue such as "How many other blokes have got a green light?" "No-one—we shot all the others".
These days every successful Hollywood thriller must contain a car chase, a sex scene, violence treated flippantly, ironic pop culture references, a flawed hero who undergoes a symbolic death-and-resurrection, and an ambiguous ending. Ian David didn't know any of that when he wrote the screenplay, years ahead of David Chase's brilliant work on The Sopranos.
All we need now is for Blue Murder to be released on DVD, on sale at ABC shops with a second disc containing deleted scenes, commentaries by writer, director and actors, and a documentary explaining why it took so long to reach us.
It might just earn enough money to make the ABC feel like doing it all again.
By David Dale
Sydney Morning Herald
Thursday, August 2, 2001
Viewers go for Blue Murder, but you'd hardly read about it
Sydney is a town where word of mouth can work wonders. The second night of Blue Murder did even better for the ABC than the first night.
Driven by enthusiastic reports about Tuesday's first episode of the true-crime saga, an extra 54,000 Sydneysiders tuned in to the ABC on Wednesday, bringing the total audience to 433,000—an amazing figure for any 90-minute show starting at 9.30pm.
But, if the ABC can possibly find a way to shoot itself in the foot, it will. If you looked at the Sydney ratings figures released by OzTAM yesterday morning, you would have found no mention of Blue Murder. Instead, the ratings showed that, in Sydney, Foreign Correspondent got 443,000 viewers and Lateline got 412,000—record performances for both shows.
An ABC spokesman explained that the person responsible for notifying OzTAM of changes in the national programming schedule was based in Melbourne and had not known that Blue Murder was running (in Sydney only) over two nights.
Sorry, Jennifer Byrne, but any pay rise you may get for more than doubling your Foreign Correspondent audience will have to be passed on to actors Richard Roxburgh and Tony Martin, writer Ian David and director Michael Jenkins.
By David Dale
Sydney Morning Herald
Friday, August 3, 2001
Blue Murder is a two-part Australian television miniseries produced by the Australian Broadcasting Corporation (ABC) in 1995 and is based on true events. Given its confronting content, the DVD release was classified MA 15+. An injunction brought during Arthur "Neddy" Smith's appeal against his life sentence saw its broadcast delayed in New South Wales and the Australian Capital Territoryfor six years, until 2001. In New Zealand the DVD release was classified R 18+ for graphic violence and offensive language.
Set in the 1970s and 1980s in Sydney, the miniseries concerns the relationship between controversial former Detective Roger "the Dodger" Rogerson and notorious criminal Arthur "Neddy" Smith. Rogerson and his colleagues were accused of giving Smith a "green light" to commit crimes without Police interference, with the relationship fraying when Rogerson orders hitman Christopher "Mr. Rent-a-Kill" Flannery to murder Police Officer Michael Drury. The murder of prostitute Sallie-Anne Huckstepp also features.
Blue Murder is narrated by the characters of Rogerson, Smith and Drury and focuses on the corruption allegations that plagued theNSW Police Force at the time. Rogerson and Smith achieved a kind of celebrity status during the Wood Royal Commission into Police corruption.
The screenplay was written by Ian David who has written extensively on the people and events featured. The miniseries was directed by Michael Jenkins and produced by Rod Allan.
The series begins with the arrest of Arthur "Neddy" Smith for attempted robbery. He is interviewed by Det. Sgt. Roger Rogerson, who instead of charging him employs him to protect various drug dealers. After serving a short prison sentence for other charges, Smith teams up with Graham "Abo" Henry and becomes a significant presence in the underworld. His association with Rogerson enables him to escape impending drugs charges and helps him to carry out other crimes unabated.
After Warren Lanfranchi, an associate of Smith's, robs drug dealers protected by Rogerson and attempts to shoot a Police Officer on the way to a robbery, Rogerson shoots him in front of fellow Officers. Lanfranchi's girlfriend, Sallie-Anne Huckstepp, vows revenge. Smith, who transported Lanfranchi to the murder and assisted the Police in court by giving a false testimony, is rewarded by Rogerson with a "Green Light", meaning he is allowed to commit any crime he likes, with the exception of assaulting or killing a Police Officer. Rogerson and Smith lead a criminal syndicate in Sydney, distributing drugs and murdering any potential witnesses to their crimes.
Meanwhile in Melbourne, undercover Detective Michael Drury sets up a drugs deal with dealer Alan Williams as part of a sting operation. Williams escapes after a botched Police chase but knows he will soon be caught and is terrified of being imprisoned. Rogerson, on behalf of Williams, tries to bribe Drury to drop the charges, but Drury refuses. In response, Rogerson and Williams contact notorious hitman Christopher Flannery to kill Drury. Flannery shoots Drury in his home but fails to kill him. The Police are unable to obtain any leads on Drury's assailant, but Drury reveals that Rogerson attempted to bribe him and Rogerson is charged.
Rogerson uses the lack of evidence and his corrupt associates in the NSW Police Force to escape conviction, but the negative image and increased Police attention caused by the affair begin to damage his criminal enterprises. His relationship with Smith becomes increasingly strained, to the point where he organises a failed attempt on Smith's life. Flannery and Huckstepp are both murdered when they begin to pose a threat to Rogerson and Smith, but Williams confesses his involvement in the Drury shooting in exchange for protection from Rogerson. Despite this new evidence, Rogerson again escapes conviction, but he is dismissed from the Police Force and arrested by the Australian Federal Police(AFP) shortly afterwards when he is caught depositing money in a bank account under a false name. Without Rogerson's protection, Smith's crime syndicate quickly falls apart and after killing a tow-truck driver in a drunken fight, he leaves enough evidence for the Police to arrest him.
In the final scene, a now-dismissed Rogerson meets Smith at his hide-out to discuss the situation. Rogerson tells Smith to keep a low profile while he uses his contacts within the Police Force to resolve the matter. However, as soon as Rogerson leaves, Police storm the house and arrest Smith and his associate.
As the credits roll, it is revealed that Michael Drury retired from the Police in 2000, Roger Rogerson served three years in prison and Neddy Smith received an indeterminate life sentence for multiple murders, which he is still serving.
Viewers go for Blue Murder, but you'd hardly read about it
Sydney is a town where word of mouth can work wonders. The second night of Blue Murder did even better for the ABC than the first night.
Driven by enthusiastic reports about Tuesday's first episode of the true-crime saga, an extra 54,000 Sydneysiders tuned in to the ABC on Wednesday, bringing the total audience to 433,000—an amazing figure for any 90-minute show starting at 9.30pm.
But, if the ABC can possibly find a way to shoot itself in the foot, it will. If you looked at the Sydney ratings figures released by OzTAM yesterday morning, you would have found no mention of Blue Murder. Instead, the ratings showed that, in Sydney, Foreign Correspondent got 443,000 viewers and Lateline got 412,000—record performances for both shows.
An ABC spokesman explained that the person responsible for notifying OzTAM of changes in the national programming schedule was based in Melbourne and had not known that Blue Murder was running (in Sydney only) over two nights.
Sorry, Jennifer Byrne, but any pay rise you may get for more than doubling your Foreign Correspondent audience will have to be passed on to actors Richard Roxburgh and Tony Martin, writer Ian David and director Michael Jenkins.
By David Dale
Sydney Morning Herald
Friday, August 3, 2001
Blue Murder: a RE-IMAGINED history
Greg Levine & Stephen McElhinney
Erich Auerbach, whilst discussing the influence of Joyce and Proust?s use of reflected consciousness and time strata, makes an interesting comparison between a novel?s conception of time and a film?s:
a concentration of space and time such as can be achieved by the film (for example the representation, within a few seconds and by means of a few pictures, of the situation of a widely dispersed group of people, of a great city, an army, a war, an entire country) can never be within the reach of the spoken or written word. (Auerbach, 1991:546)
The interesting part for us is the phrase "a great city". In a few sequences a film can give you a version of the past far richer in detail than any history book in the same space of time. This paper will apply this idea to the tele-movie Blue Murder (1995), a quasi-fictional account of Sydney?s criminal milieu of the 1970s and 80s. Made in 1995 and screened on ABC TV in most parts of Australia shortly after, Blue Murder was not broadcast in NSW and the ACT until July 31, 2001. The 6-year delay was caused by a legal embargo placed on the mini-series because Neddy Smith, the main character depicted in the piece, was still on trial for the crimes the portrayed. We compareBlue Murder ?s representation of events in Sydney?s past with impressions of the present by visiting the haunts of the central characters and experiencing the space between representation and actual lived perception. This provides us with an insight into how the film?s narrative has compressed space and time; how Sydney?s past is recontextualised as a film and etched into the viewer?s consciousness, introducing a tension between depictions of the recent past, a vastly changed present and the fractured identity that results.
In the late 1970s and throughout the 1980s, the media?s representation of crime in Sydney circled ravenously around a few key names, eager for the slightest sensation: Arthur "Neddy" Smith, Detective Sergeant Roger Rogerson, Christopher Dale Flannery and Sally Anne Huckstep among other colourful local identities and celebrities. The tales that projected these names into Sydney?s various public spheres were not only fed upon by the media but also by pub patrons. Neddy Smith, a leading criminal figure of the time, was careful to keep his face out of the media for years, yet was still regularly recognised in pubs all over the city, inner and outer suburbs. According to legend, he would walk in and, on the strength of his reputation, strangers queued to buy him drinks. But pubs were a changing environment in those days. It was a time of transformation with the pub where you went to drink, buy stolen goods or get in a fight slowly submitting to the will of today?s post-industrial patron, who goes to the pub to socialise after a hard day?s data shuffling at the office.
With this in mind, a trio of seasoned knowledge workers commenced their tour. We started our research at the Star Hotel in Chinatown. Its proximity to the ?labour mile? of Sussex Street made it a traditional NSW Labor Party drinking hole, frequented by various characters employed by the party and the unions. Presumably connections were made here between shady politicians, strong-arm unionists and criminals who shared their taste for power and action. In Neddy Smith?s book, Neddy (2002), this was one of a number of pubs around the inner city where he allegedly kept money in the safe, guns behind the bar and met associates with various relationships to NSW criminal law. It is also where he reputedly shot a man in the heart at point blank range, spraying the wall with his insides. Is this a place where my research associates and I want to be on a Friday night? Based on the reputation of events that happened at the Star Hotel in the late 80s, it would be very reasonable to assume that this place would be far too violent for proto-knowledge workers like us.
Traditionally Sydney pubs like this one characterised themselves as havens for the working man. Even when they were primarily patronised by politicians, they were still constructed around the ethos that authentic culture is built upon the efforts of the blue-collar worker. This could have something to do with the central myths of Australian national identity being based on the myth of the "bushman", who Ward described as:
a practical man, rough and ready in his manners and quick to decry any appearance of affectation in others. He is a great improviser, ever willing to "have a go" at anything, but willing too to be content with a task done in a way that is "near enough". Though capable of great exertion in an emergency, he normally feels no impulse to work hard without good cause. He swears hard and consistently, gambles heavily and often, and drinks deeply on occasion. (1965:1-2)
Traditionally, academic types like us were categorised in relation to this national identity. That is, not workers but endurable if we behaved according to the norms of the ethos and donned its garb when traversing its terrain, structures and language. This has become problematic in recent times. Theorists are saying we now exist in an information society ? a society refashioned by "the massive social impacts of new information technologies of computing and telecommunications" (Lyon, 1988:vii). They argue that these days "the engine of much of the dynamics of economic activity and the source of much of the growth of added economic value can be attributed to knowledge" (Stehr, 2004:212). According to these theorists, the growth of societies like Sydney are now dependent on the efforts of knowledge workers.
How is this shift reflected in the Star Hotel? The working class?s move away from city dwelling began in the 1960s as factories moved to the outer suburbs (or off-shore) to make room for white collar office space. During the 1970s and early 1980s, the Star would perhaps have been having an identity crisis; white collar patrons who weren?t sure if they identified with the worker ethos or with the new suburban bourgeoisie chic. An ideal environment for a fashionably dressed, gun slinging, heroin dealer like Neddy.
In 2004, it is just like any other corner pub in Sydney, cloned through the combined effects of licensing laws, random breath testing and property speculation. The main bar is dominated by the TAB and its flock of elevated TV screens and the pokies are in the next room. Jackpots flash, horses scurry around distant tracks and Friday night footy lurches across the plasma screens. The traditional working class pub fare of gambling and sport still dominate; all that has changed is the mode of delivery and its associated atmosphere. On the night we were there the crowd was part after-work suits and part pre-dinner restaurant patrons; a far cry from the pub mentioned in the book Nedd y. The man behind the bar looked like he?d seen some action but was extremely polite and professional. If you hadn?t read the book you wouldn?t know this space once oozed trouble. Now it felt hollowed out and sanitised like so many buildings in post-industrial Sydney.
We talked about the work ahead in excited though hushed voices. We had to be quiet because we couldn?t help using our favourite Blue Murder quotes and trying to imitate the character?s voices and we didn?t want to fulfil the Australian stereotype of "intellectuals" and look like wankers. These days residents of Sydney are very aware of the events with which we were trying to relate. Pub patrons still feed off stories about Neddy, The Dodger and "Abo" Henry, though in new ways. In the 1980s and early 1990s, each name stood alone and the (inevitably embellished) associated story was passed on by word-of-mouth, usually started by someone who actually witnessed the events. Now, the stories are packaged rather than muttered from increasingly toothless mouths. The names are inseparable. You can?t hear about Neddy or the Dodger without hearing about Lanfranchi, Abo or even Chopper. This particular historic field has been compressed by the film Blue Murder and other true crime narratives. The actual events have been plucked from what Carlyle called a "Chaos of Being" (in White, 1975:144), and crammed together with a poetic narrative. Blue Murder wasn?t the first attempt to make these events history but, to paraphrase Auerbach, because of the fact that it is a mini-series, it is by far the most efficient in reaching a large audience and therefore the most influential.
It is unlikely that most television audience members would consider Blue Murder a historical document. It is a "dramatisation" of events, based on books written by Neddy Smith and Michael Drury, an ex-policeman, neither noted historians and therefore, given the assumptions of the role of the historian in our society, incapable of relating objective fact. The audience would probably be unable to imagine these non-historians' tales as part of the normative history of their community. Yet the audience would also probably not be able to come up with a good explanation for why historians get a particular claim on the "truth" of the past. The conception of the historian as a person who stands outside of culture, politics and life, looks on objectively and then delivers measured, scientific interpretations of events is still very popular today. This positivist tradition developed in the mid-1800s when writers such as Ranke began to believe that "the task of the historian was ?simply to show how it really was?" (Carr, 1986:3); to impartially portray facts as they happened. This attitude ignores the idea that "portraying" an event implies a narrative shaping of some sort, an argument made by many writers since. However, judging by the emphasis the Australian media have placed on the "History Wars" since the early 1990s (and the fact that some "populist" historians can still make a living on alterations of the fabric of history, tailored to be happily consumed in the better suburban homes and retirement villages) the positivist version of historical consciousness still holds sway over most of the Australian TV audience and consequently reproduces itself in the productions made for it.
A misconception that is often associated with positivist historical consciousness holds that the historian should be an apolitical observer and that good history is that which can be shown to have not taken sides. This often seems to be regarded as "the common-sense view of history" (Carr, 1989:3-4). It is a misconception because this position is impossible and becomes simply a rhetorical trick to sell a particular point of view. As Hayden White puts it, there is an "irreducible ideological component in every historical account of reality" (1975:21). While the tradition holds that the historian has access to the "truth", many writers have argued convincingly that there are many truths; no one truth can be held up as the truest. Indeed, an analysis of a truth can reveal more about the person claiming it than the historical event itself.
Hayden White?s theories of historical narrative are very helpful in this analysis. White points out that history serves a poetic function in society rather than simply being the source of facts about the past. He postulates four principal modes of historical consciousness on the basis of the ideological intention which informs each of them: Metaphor, Synecdoche, Metonymy and Irony (metaphor is representational, synecdoche is integrative, metonymy is reductionist and irony is negational) (White, 1975:31-38). Each of these modes of consciousness serve as the basis of a linguistic protocol which is used to prefigure the historical field and provide strategies for interpretation.
The historian?s choice of narrative mode is largely an aesthetic one and White suggests this is the underlying poetic function of history. These narratives stem from the impulse in the historian to collect events into stories; to trace similarities between facts and imbue them with meaning. On the surface, Blue Murder seems to follow the conventions of a fictional tragedy. The main characters are brought to their downfalls by the very qualities which make them interesting. However, if we analyse it as a history, it is a good example of real events drawn together into a narrative cast in the ironic mode. It tells a story of Sydney?s past which superficially seems to celebrate some mythical characteristics of the audience?s community while bearing an underlying message of self-criticism. The main characters demonstrate many archetypal traits that the audience recognises from the historical discourse of what Benedict Anderson has called their "imagined community" (1991). This is any community large enough that a member could never come face to face with the majority of the other members. Applied to a historical representation presented to a TV audience this could lead to both broad and specific difference of interpretation within one community. Specifically, the discourse ethics of representing crime could vary from one part of Sydney to another (perhaps circumscribed by the rings left by a schooner glass on a tabloid paper, or a teacup on a broadsheet - either history being factual within the stain). However, on a broader level certain things can have a more unified appeal on a larger, national level.
Near the beginning of the film, as Ned is being released from Long Bay, he tells us in a voiceover that he had the dash to "go out and get his" while most of the other inmates in the prison were "shit men" who bludged on the dole and had no guts, no moral fibre. This is an appeal to Ward?s archetypal myth of Australian character, that is, male individualists with little respect for authority and enough courage and initiative to make it on their own in the world. Familiar with the myth through their consumption of media, the audience can identify with these traits and get the feeling that Ned is someone to be admired for his entrepreneurial spirit. The tragic part is that Ned applies his initiative and courage to selling heroin, armed robbery, pimping, drinking and fighting. This gives the audience the sense that if only Ned was not so misguided he could be a real asset to the community. It is ironic that these character strengths are also his weaknesses and lead to his final downfall. This mode of historical narrative ties the events together to form a story which ultimately carries the message, "crime doesn?t pay" accompanied by a sly, ironic wink that adds, "but we always had a good time".
We will now use an ironic historical consciousness to continue the story of our research pilgrimage?
We soon gave up on the thoroughly safe Star Hotel. The denizens were far too interested in the poker machines and TVs to present us with any distinct local character and even our Blue Murderesque banter had become boring. We decided to get some Chinese food. Chinese food is a recurring theme throughout Blue Murder andNeddy. It seems that whenever Rogerson and Smith got together for lunch it was at a Chinese restaurant. In one particular scene they are waiting for their meals to arrive while Ned is trying to convince the Dodger that he should help him beat some charges. The food is very slow in arriving and the ever dynamic Rogerson is impatient. "Christ I?m hungry", he says loudly, the sort of man who doesn?t need to wait quietly. We strode into BBQ King hoping for a similar scene.1 Kept waiting for our food, we would talk business loudly and bemoan the woeful service. It was not to be. We were served very quickly and then efficiently moved out as we finished to make way for more patrons. We tried a few Blue Murder quotes, started singing, "Hey diddle diddle", but there was no point. The regular BBQ King hubbub was too loud for us to hear ourselves and our hearts weren?t in it - the food was very nice and even if there had been anything to complain about we wouldn?t have had the dash. Were we shit-men?
After that we strolled down to The Rocks , headed for the oldest pub in Sydney, The Lord Nelson. Along the way, the changes the city had been through since the 1980s were very noticeable. The most obvious is the construction boom. Up and down Sussex Street and Kent Street there are road works and building sites in abundance. In the 1980s and the early 1990s (when the film was shot), almost every block had at least one giant hole, barricaded by the high white walls that permeate our older memories of the city. Another sign of the coming of the information age, green bans have been overturned and the green light has been given to property development.
We had an uneventful quick top-up in the empty Captain Cook and then entered the Nelson. This pub is mentioned quite often in Neddy as one of Smith?s favourite drinking spots. The Lord Nelson claims to be Sydney?s oldest pub and has been authentically refurbished to what it was like when it first opened its doors (www.lordnelson.com.au, cited 20.7.04). How this accounts for the giant television screens and the central heating we couldn?t work out, but they are a micro-brewery. Which means they produce their own "authentic" Sydney beer and sell it to you in pints. They embrace the Australian working class beer drinking tradition, which they themselves have been a big part of for Sydney workers for over 150 years, yet the cheapest pints cost at least seven dollars; they don?t have schooner glasses and, while they stock something called Quayle Ale, they don?t sell Tooheys New. The place was full of expensive suits and thirsty cultural researchers such as ourselves, low rent workers of the information age, could not afford to stay there for more than one drink. We?d run out of chat by then and our eyes couldn?t help being turned upwards by the TVs. Rugby Union instead of Rugby League. We tried to imagine a Neddy-style fight breaking out here: sweeping aside the life-sized cardboard Bundy Bear we?d grab an inflatable baseball bat from the Bacardi Cruiser promotions girl and lay into the accountants who?d come in with their top buttons fastened and ties unloosened. But there was too many of them so we backed down. And the atmosphere wasn?t right; by embracing the cultural mythos of Australia, the Lord Nelson has become "unAustralian". We didn?t know how long this had been happening here; some reports say since the mid 1970s and the factories were gone before then. Now there are fetta and olives where a packet of "salt and vinegar" would have done. An ironic tragedy.
This is a path that a lot of city pubs have gone down while Sydney has become an increasingly post-industrialised node of the information society. They give the appearance of embracing the discourse of the historic Sydney while actually focusing on a completely different clientele and raison d?être. In The Rise of the Network Society, Castells (2001:28-69) describes an information technology revolution that took place between the mid 1970s and the late 1990s (a timeframe which roughly coincides with Neddy Smith?s rise and fall as an icon of the near weightless economy of heroin). Similar to the two industrial revolutions (steam then electricity) its effects were pervasive. The invention and maturity of technological systems and methods of production based solely on information transference led to changes at every level of society, from work to family life to government to globalisation to crime and organised crime. Capitalism has undergone massive restructuring, financial markets have become global, information systems have redefined the third world and created the information poor, while, at the same time, the relationship between women and the workforce has changed the nature of the family and sexuality. The media has become more personalised and politics has become more mediated. The gap between the rich and poor is widening and whatever was in between is vanishing. Even vice is no longer what it was; you can catch a government bus to the casino, prostitutes pay tax and you can get a drink anywhere on Easter Sunday.
Life has changed to the extent that "in such a world of uncontrolled, confusing change, people tend to regroup around primary identities: religious, ethnic, territorial, national" (ibid.:3). Social meaning and the formation of identity has fragmented to the extent that it is has been reduced to the desire to find a map. People can no longer find meaning in the places where it has traditionally been: the mainstream church, work, unions etc. In the network society, "identity is always an open, complex, unfinished game? it always moved into the future through a symbolic detour through the past" (Hall, 1999:43). As Foucault put it, "a certain fragility has been discovered in the bedrock of existence" and we are seeing "an insurrection of subjugated knowledges" (1984:201). The audience for Blue Murder lives in this post-industrial information society and, because traditional conceptions of historical truth have been subtly undermined as much as other touchstones of identity, construction of its identity could be influenced by the portrayal of events in the film.
Our next port of call was a place that does not appear in Blue Murder or Neddy, the Triple Ace Bar on Elizabeth Street in Surry Hills. Why? Because we had heard a rumour that Roger Rogerson still drinks there. But instead of bloody noses, spilt beer and scattered teeth, some young Japanese backpackers were playing drinking games.
Despite what has already been written here, we do not feel some romantic longing for the return of pub culture of the 1980s. An article appeared in "The Heckler" section of The Sydney Morning Herald (April 10, 2002), bemoaning the atmosphere and décor of the current white collar pub (or worse, the McDonaldized Irish chain pub), longing for the old days and concluding that " given a choice of drinking buddies I'd take Neddy Smith over the Corrs any day". We are not of the same opinion. The last person we would like to meet in a pub is a drug dealing, murderer who would beat you senseless if you looked at him the wrong way. But the chance to see the real, ?unrepresentational? as it were, Rogerson in the flesh would give us the final link in the theoretical hand-cuffs. To the viewing audience Rogerson is Roxborough, a man who cries when he reminisces about the show-down between Ray Kelly, a NSW police force legend, and Chow Hayes, an uber-criminal of earlier times. We wanted to know how the style of discourse which shaped Blue Murder has affected the man himself.
Sadly, he wasn?t there. The place is more TAB than pub and beige tiles predominate. The bistro was closed, though the restaurant upstairs looked interesting; hard to find anything else to say about the place. If he does drink there we couldn?t see the attraction. In fact, this was becoming central to our conversation. Apparently we are what writers such as Charles Leadbetter have called, "knowledge workers" (1999:1-2). That is, educated people with ideas who can work from anywhere, any time as long as they have a computer. Certainly, we?re the information rich, the only problem being that this hasn?t translated into the associated capital promised by Castells, Leadbetter and others. Is it just us who feel left out of the Sydney pub scene; who don?t feel at home in either the poker machine dominated, TAB bars or the boutique, chrome lined micro-breweries?
Manning Clark wrote that, by the 1980s:
all that seemed to survive was the idea of Australia as a place of "uncommonly large profit". History has blurred the vision of Eden, allowing Mammon to infest the land. A turbulent emptiness seized the people as they moved into a post-Christian, post-Enlightenment era. No one any longer knew the direction of the river of life. No one had anything to say?. (1987:500)
As mentioned earlier, the traditional areas of identification don?t hold as much sway as they used to and people have to look for new icons to cling to. Perhaps this is where Neddy and Rogerson fit in. Iconic 1980s men Rogerson, Mark "Chopper" Read and Warwick Capper do speaking tours at pubs around Australia that are equally popular at the Bridge Hotel in Balmain and Rooty Hill RSL. If the gaps between social strata are becoming bigger then Rogerson, Neddy and other elements from Sydney?s past could be some sort of common denominator. After all, Blue Murder was made with an audience in mind. Even though it was broadcast on a non-commercial station it still had to speak to a public. This effects the style of the discourse behind the relating of its tale. Its narrative potentially shapes to some degree the way the audience constructs its sense of community identity. This in turn has an influence on the way Sydney represents itself in the present and in what it is becoming. There are already cricket clubs from other states that plan their end of season trips around visiting pubs featured in Blue Murder. How long before the gangster chic becomes "the Blue Murder Theme Pub � ", perhaps staffed by the rogues? gallery of Australian actors who bought the characters to life?
The last pub on the official research crawl was the Random Bar . Before it was the Random Bar it was the Brendan Behan Hotel and before that, the Britannia. It was outside the Britannia, on the corner of Dangar Place and Abercrombie Street, where Roger Rogerson allegedly shot and killed Warren Lanfranchi. We walked up Dangar Place to see what it was like. In the 1980s it was an alley between disused factories, deserted relics of a blue collar past. In our imaginations an industrial wilderness, deserted as the gangsters face off and a plastic bag blows across the scene. Now it?s an alley between apartment buildings with washing hanging from balcony railings.
Inside, the Random Bar looks like a fading B movie actress, a decade or two post-prime, who has had one too many naïve facelifts. It?s going for a techno chic with its unbearably loud DJ and giant, anatomically correct statue of a lion. But, again, it wasn?t us and it definitely didn?t seem very Rogerson. Unlike the lion, he wasn?t all show - he had what it took. We tried to discuss issues of vital importance to our research ? is the only unAustralian crime disorganised crime? Would criminals like Neddy Smith, so hands on in his love of armed robbery, bother with it all today in an age of ATMs and credit cards? Has the information age?s electronic funds transaction dried up the loose cash he used to gain so much pleasure from violently stealing? Even his heroin trade would have taken a slide in popularity as party drugs took over. Where would we go to kick on? Where should we go to lose the ambivalence this mission had created in us? Were we shit-men or just alienated by an overly commercial pub scene?
We stumbled down to the Lansdowne as our last port of call. Assaulted by a wall of industrial metal as we entered, we climbed the staircase to relative quiet. A few chairs perched on the landing at the top of the stairs next to a baby grand. We sat down to catch our breath. Andrew opened the lid on the piano and found the thing was roughly in tune. We knew he could play so we demanded he do so to soothe our disturbed psyches. He played for about ten minutes ? sparse, bluesy improvisation, capturing our mood perfectly. Then he paused for a moment and applause came from round the corner where the bar was, followed shortly by the bartender. "Thank you, that was beautiful" she said, "but you?ll have to go downstairs, we?re closing up here."
The way we represent the past, the style of discourse we use, inevitably becomes the way we look at the present. As Auerbach put it, "a change in our manner of viewing history will of necessity soon be transferred to our manner of viewing current conditions" (1991:443). As Nietzsche points out, humans are not a fixed form; they change constantly with the times because "there are no eternal facts, nor are there any absolute truths" (1994:15). As subjugated histories gain influence the power of mainstream history becomes fragmented and leaves a space for changes in the way we represent the past. Films like Blue Murder can therefore change the way we view the present. While it is a representation of Sydney that clearly reinforces traditional, "universal" Western moral norms, the audience can now only receive these messages with a sense of self-critical irony. Consequently, the only element of this film that actually has an effect on the present self-awareness of Sydney is its narrative mode. Present representations of the identity of Sydney?s "imagined community", effected by the film, become ironic and self-critical and, as a result, the pubs (and perhaps social areas in general, whether physical or virtual) become increasingly detached from any actual use value. They are more preoccupied with selling an image than creating a comfortable social space for people to consume alcohol. That is, alienation takes place. And this was the point our discussion reached at the Random Bar: how can you have alienation in an information society characterised by fragmentation where there is no unified subject? But we were too drunk by then to figure it out.
Acknowledgements
- The authors would like to thank Andrew Keese for his ideas, encouragement, piano playing and rounds at the bar and Amaya for giving us a lift home.
References
Anderson, B. (1991) Imagined Communities, Verso: London
Auerbach, E. (1991) Mimesis: The Representation of R eality in Western Literature, Princeton University Press: Princeton, New Jersey
Carr, E. H. (1986) What is History?, The Macmillan Press: London
Castells, M. (2001) The Rise of the Network Society, Blackwell: Oxford
Foucault, M. (1984) ?The Juridical Ap paratus? in Connolly, W.E. (ed) Legitimacy and the State, Blackwell: Oxford
Hall, S. (1999) ?Culture, Community, Nation? in Boswell, D. & J. Evans (eds) Representing the Nation: A Reader, Routledge: London
Hobsbawm, E. (1999) On History, Abacus: London
Leadbetter, C. (1999) Living on Thin Air: The New Economy, Penguin: London
Lyon, D. (1988) The Information Society: Issues and Illusions, Polity Press: Cambridge
Nietzsche, F. (1994) Human, All Too Human, Penguin: London
Smith, A. S. (2002) Neddy, with Tom Noble, Noble House Enterprises: Victoria
Stehr, N. (2004) "The Economic Structure of Knowledge Societies" in The Information Society Reader, Webster, F. (ed), Routledge: London
The Heckler, (2002) "The Pub With No Cheer", The Sydney Morning Herald, April 10, 2002
Ward, R. (1965) The Australian Legend, Oxford University Press: Melbourne
White, H. (1975) Metahistory: The Historical Imagination in Nineteenth-Century Europe, Johns Hopkins University Press: Baltimore, Maryland
1 BBQ King itself was recently associated with the new crime of the 21 st century. Its co-owner was kidnapped by two Chinese nationals seeking a ransom from the other respected and successful owners.
http://www.austlit.edu.au/austlit/page/C498098?mainTabTemplate=workFilmDetails
Rod Allan (Producer)
Errol Sullivan (Executive Producer)
Penny Chapman (Executive Producer)
Wayne Barry (Associate Producer)
Southern Star Entertainment
Australian Broadcasting Corporation
Australian Film Finance Corporation
Martin McGrath
Bill Russo
Murray Picknett
Peter Best
Richard Roxburgh (Roger Rogerson), Tony Martin (Arthur 'Neddy' Smith), Steve Bastoni (Michael Drury), Gary Day (Bill Crofton), Steve Jacobs (Mal Rivers), Peter Phelps (Abo Henry), Marcus Graham (Alan Williams), Alex Dimitriades (Warren Lanfranchi), Bill Hunter (Angus McDonald), Gary Sweet (Christopher Dale Flannery), John Hargreaves (Chester Porter QC), Ian Bliss (Bobby Chapman), Stephen Eley (Duty Sergeant), Richard Carter (Lyail Chandler), Joy Smithers (Debra Smith), Eleni Batley (Jaime Smith), Dion Mihajlovsky (Darrin Smith), Bruce Barry (Commissioner Abbott), Bogdan Koca (Lewis Roussos), Loene Carmen (Sallie-Anne Huckstepp), Ray Martin (Himself), Anthony Cogin (Steve Paully), Phillip Hinton (Ian Barker QC), Nicole Pottinger (Melinda Rogerson), Brigitte Lawson (Gillian Rogerson), Kris Bidenko (Joy Rogerson), Jim Holt (Brian Alexander), Jeffrey Rhoe, Jack Mayers, John Jarratt, Graham Rouse, Laurie Foel, Robert Morgan, Frank Violi, Peter Sommerfeld, Brendan Higgins, Tom Appleton, David Baldwin, Warwick Moss, Paul Sonkkila, Terrie Bowie, Skye Wansey, Aaron Jeffery, Marshall Napier, Erin Smith, Jake Blundell, John McNeill, Vincent Ball, Michael O'Neill, John Sheerin, Stephen O'Rourke, Geoff Morrell, Kristoffer Greaves, Sascha Huckstepp, Stephen Leeder, Ron Graham, Les Dayman, John Walton, Dennis Miller, Bryan Marshall, Neil Moora, Mervyn Drake, Barry Donnelly, Ricky Noble, Damian Monk, David Franklin, Ken Radley.
1. Episode one aired in Australia on ABC Television on 14 September 1995, with episode two airing on 21 September, except for NSW (see note below). The mini-series also aired in Croatia (27 December 1997) and Portugal (28 April 1999).
2. Released on videocassette and DVD formats in 2000 by REEL Corporation.
Filmed largely on location in Sydney.
Australian Film Institute (AFI) Awards (1996) Best Television Mini Series or Telefeature - Rod Allan (winner)
Logie Awards (1996) Most Outstanding Achievement in Drama Production (winner)
Logie Awards (1996) Silver Logie, Most Outstanding Actor - Richard Roxburgh (winner)
Logie Awards (1996) Silver Logie, Most Popular Actor - Gary Sweet (nomination)
1. Also known as Corrupção E Morte (Portugal).
2. Due to elements of the story being seen as prejudicial to legal trials in NSW and Federal Courts, the series was unable to be broadcast in New South Wales or to be distributed on video until 2000. It was eventually allowed to be broadcast when the Director of Public Prosecutions (DPP) decided to drop charges against Neddy Smith over a 1983 murder.
Today Tonight: ‘It was known as the Perth Mint swindle. Three brothers were convicted of stealing more than half a million dollars worth of gold. And now, 20 years on, a crooked cop tells how he made up the evidence. In this exclusive interview Anthony Lewandowski confesses all.’
Lewandowski: ‘Believe me, hear me, I’m telling the whole truth.’
Reporter: ‘Tears of shame and remorse, from a self-confessed crooked cop.’
Today Tonight 24 June 2002
Avon Lovell: ‘You don't go into Belmont, you don’t go into how the affidavit was ...a little bit how it was done. You don’t go into the truth of the affidavit. The limits are well set.
Alison Fan: OK
Lovell: So when you say ‘I don’t want to answer that’, it doesn’t mean to say you...’
Lewandowski: ‘I’ve got nothing to hide.
Lovell: ‘I know that. Alison’s...’
Lewandowski: ‘Avon. Hold on. Alison’s come over here to talk to me.’
Lovell: Yeah, but she'll go one step too far and I'm over here...
Lewandowski: She won't.
Lovell: (to sound recordist) ‘You got that running? You have? Fuck me drunk! (to Lewandowski) See that? (points to recorder)’
Lewandowski: ‘No. Hold on, I’ve got nothing to hide though.’
Today Tonight camera tape
Lewandowski: ‘I’m speaking to Alison, there’s no problem.’
Lovell: ‘See that? He's recording everything.’
Lewandowski: ‘That’s OK. That’s OK. I’ve got nothing to hide.’
Lovell: 'You talk just about how you're feeling. All that sort of stuff. OK?'
Lewandowski: (shakes head)
Today Tonight camera tape
‘Exclusive interviews concerning all matters relating to the so-called Perth Mint Gold Swindle.’
Seven contract
‘The Sunday Times’
‘Contract between The Sunday Times and Avon Lovell.’
Sunday Times contract
‘My Shame’
‘Exclusive: Lewandowski’s First Interview.’
‘Crooked Mickelberg officer vows he’ll be back to tell all.’
‘Tony Lewandowski told yesterday of his shame and remorse over two decades of lies and deceit in the Mickelberg affair.’
Sunday Times 16 June 2002
‘The interview...is satisfactory...in quality and quantity as deemed by the editor.’
Sunday Times contract
‘Pretty much. Absolutely.’
Brett McCarthy to Media Watch
‘Exclusivity Agreement…Between Seven Network and Ray Mickelberg…Peter Mickelberg…Peggy Mickelberg...Avon Lovell.’
Seven Network contract
Ray Mickelberg: (on phone)'Hello?'
Lewandowski: 'Yeah, Ray?'
Reporter: 'After 20 years of silence, a nervous Tony Lewandowski made this phone call to one of the men he framed, Ray Mickelberg.'
Lewandoswski: ‘I genuinely feel remorse for what happened.’
Mickelberg: ‘You’ve done what had to be done and at least your conscience is clear.’
Today Tonight 24 June 2002
Have a look »
The Lewandowski tapes are just a part of a huge amount of research – with other explosive revelations to follow – for Mr Lovell’s third book on the Mickelberg case, Litany of Lies.’
Sunday Times 16 June 2002
‘…in camera – (in private session).’
Sunday Times 21 July 2002
Reporter: ‘Avon Lovell was defiant today. He spent most of his day at home despite being called to give evience at the Royal Commission.’
Avon Lovell: ‘How stupid a political process to put somebody like me in gaol who’s the author of a book that’s turned out after 17 years to be entirely true about corruption in the police force, who brings the evidence of corruption back in the form of affidavit and then gets supoenad to the Royal Commission as if I’m some sort of low life bloody corrupt copper. Get real!’
10 News Perth 15 July 2002
Reporter: ‘Counsel assisting the enquiry, Peter Hastings QC said Tony Lewandowski appears anxious to co-operate. But there was some basis for concern about the role Avon Lovell has adopted in not helping the commission speak to Mr Lewandowski.’
Ten News Perth 15 July 2002
‘He's not hiding, you dirt brain, he’s in my back pocket.’
West Australian 18 July 2002
Have a look »
A scene from The Great Mint Swindle.
Which is exactly what happened when the real Mickelberg, who just happened to be enjoying a stroll around the leafy suburb of Applecross while the cast and crew of Nine's new telemovie The Great Mint Swindle were filming the harrowing scene that is seared into the minds of most West Australians, according to producer Russell Vines.
The infamous car explosion, which killed retired Detective Sergeant Don Hancock on a quiet Lathlain Street in 2001, opens the made-for-television movie.
"To understand the full story we have to go back 20 years," a voice says before we cut to the early 1980s.
The golden age of Western Australian, before the fly-in, fly-out acronym FIFO was thought up in some noughties newsroom, where Bondy was king and corruption was as widespread as bad perms, aviator sunglasses and super-charged Toranas.
"The bellies in WA were as big as the bank accounts. Greed was God," the narrator Peter Mickelberg, played by Todd Lasance, says as a faceless and shirtless rotund man (presumably Alan Bond) wanders around his palatial Western suburbs mansion.
The story is based on the three Mickelberg brothers, Ray (played by Grant Bowler) Peter and the late Brian (Josh Quong Tart) and their infamous PR stunt - a manufactured, backyard gold nugget called the Yellow Rose of Texas which they claimed to have discovered while prospecting.
All is peachy for the brothers after Bond buys the find which was made in Ray's back shed, as the soundtrack featuring Midnight Oil and The Strangeloves pepper images of beach barbecues and a loving family unit, until 62 kilograms of gold, worth an estimated $2 million today, is swindled out of the Perth Mint in 1982 when it was "leaking like a sieve."
Sergeant Hancock, played by Shane Bourne, answers the "embarrassing call from higher up than the minister" to restore the tainted image of the lawless wild west.
Like a bloodhound, Hancock and his henchman Tony Lewandowski (played by John Batchelor), pursue Ray, Peter and Brian as the prime suspects for the heist.
After being jailed in 1983 to serve sentences ranging from 12 to 20 years, the brothers begin their 22-year battle to prove their innocence.
Some brief - yet cheeky - references to Bond, WA Inc and The America's Cup are thrown in which adds some comedic relief before Ray loses his finger in a jail yard fight and Brian dies in a plane crash.
"Bond wants to buy the Yellow Rose of Texas," Ray tells his brothers.
"Who? James Bond?" Peter replies.
Brain's response to an offer to go prospecting for gold, echoes the sentiments of many Perth workers even today, "Nah, I'd rather go to Bali," he says - without the Sh** Perth People Say hashtag.
Classic moments which have been fished out of the network's archives, including Richard Carlton's 60 Minutes expose into the glaring holes in the Mickelberg's case and a rather terse interview with sergeant Hancock, are synced to perfection.
The Great Mint Swindle, with its cast of relative yet talented unknowns is what Underbelly was before Matt Newton was cast – an interesting story told by actors who invested themselves into every angle, shot and syllable of an earnest script.
The Great Mint Swindle is coming soon to Nine.
Whistle
Friday 3rd November 1989
Newsletter for WhistleBlowers Association
PO Box U129, Wollongong NSW 2500
Unstitching the Mickelbergs
On June 11, one of the lead news stories was that a WA police officer had admitted to helping frame Brian, Ray and Peter Mickelberg for swindling gold from the Perth Mint nearly 20 years previously.
What was not mentioned in the initial news story was the role of defamation law in preventing discussion of the issue. In 1983, Avon Lovell (now WBA Vice-President) wrote a book, The Mickelberg Stitch, providing evidence of a police frame-up. It was
selling like hotcakes until defamation actions were launched by the WA police against the author, publisher and booksellers. These cases proceeded for years, funded by a levy on the salaries of police officers. In this way, defamation law helped to cover up corrupt
behaviour. — Brian Martin
Paige Goodsell courageously spoke out about sexually abusive initiation rites at the North Burleigh Surf Life Saving Club in Queensland, leading to an inquiry and suspensions.
Workers suffer for whistle-blowing
Transcript from ABC 7.30 Report, 25 March 2002
MAN: We've been treated like criminals for doing the right thing.
NORM BREW: It was a nightmare. You were under constant threat of
being harassed, abused even if you did the right thing.
PETER CAVE: Norm Brew has six young children. His colleague Lindsay Woods has a pregnant wife and a baby daughter. Both had a lot to lose in reporting what was going on in an anonymous office at the end of platform three at Wyong station on the NSW Central Coast.
A year ago, while working as revenue enforcement officers for State
Rail, they blew the whistle on what they claim was a culture of bullying,
harassment and illegality by some of their workmates who were jokingly
known as the ‘marines.’
NORM BREW: We were told the night that we finished at Goulburn Academy by two senior managers that we were going into a unit that did things their way, not the railway’s.
They took no prisoners and they got the job done no matter what they had
to do.
LINDSAY WOODS: They were breaking the law, false imprisonment
of passengers, harassment of other staff. They had illegal databases with tens of thousands of names on it.
PETER CAVE: Revenue protection officers are not special constables.
They’re told during their training about the limits on their power. What are you
supposed to do when you stop someone who hasn't got a ticket?
NORM BREW: Firstly you will ask them for identification. If they
want to give you the identification they give it to you. We haven't got the right or the law behind us to demand identification.
PETER CAVE: What were you
asked to do at Wyong on a daily basis?
NORM BREW: Demand identifi-
cation.
PETER CAVE: What if you didn’t
get it?
NORM BREW: Arrest the person
and have the police called and hold the
person until the police arrived.
PETER CAVE: Woods and Brew
claim that they and their colleagues
were ordered to demand identification
such as tax file numbers and Medicare
and pension card details in contraven-
tion of Federal law. That information
was meticulously collated, along with
the names and addresses of people
suspected, but not convicted, of fare
evasion and then entered into a
computer database.
LINDSAY WOODS: We
complained of it to management on
March 1. Approximately three months
later, staff at Wyong were still putting
data into the database.
CHRIS PUPLICK, NSW PRIVACY COMMISSION: This was drawn to the attention of Privacy NSW. We raised it with State Rail immediately.
PETER CAVE: Chris Puplick is the NSW privacy commissioner. He became involved in the case after receiving a complaint.
CHRIS PUPLICK: Clearly there are copies of this material around.
What I want to know now is what is State Rail doing in relation to the people who have committed this
outrage? And secondly, what steps are they putting in place to ensure that nothing like this happens again?
PETER CAVE: What action was taken against those who compiled the
database?
MICHAEL GLEESON, NSW
STATE RAIL AUTHORITY: I think it
needs to be understood what their
motivations may have been. Now I'm
of the view, and I think CityRail is of
the view, that in good faith they
believed they were trying to keep track
of those people who were serial fare
evaders.
PETER CAVE: So the message to
CityRail employees is you can break
state and Federal laws and not be
punished?
MICHAEL GLEESON: No, the message is we will not tolerate such things and if found, we will have them destroyed and counsel people as to
what they should do in the future.
PETER CAVE: The database at Wyong was wiped from the computers,
but so far no charges have been laid.
What do you believe should have happened to the people who collected the information?
CHRIS PUPLICK: I think they should have been summarily dismissed. I don’t think there is any place in a government organisation for
people who go around improperly collecting information, compiling databases on people, copying those databases, presumably spreading them around the place, gossiping about them.
PETER CAVE: The two men that Woods and Brew accused are appealing against disciplinary measures imposed for relatively minor breaches of State Rail rules, but for the whistle- blowers, the repercussions have been devastating. Some of their colleagues refused to work with them and State Rail transferred them, saying it was for their own welfare.
LINDSAY WOODS [reading]: It was not a part of, or as a result, of State Rail forming a view about the complaint.
PETER CAVE: They refused toaccept that transfer and they’re now living on welfare benefits, engaged in a paper war seeking compensation and reinstatement at Wyong.
LINDSAY WOODS: We reported corruption on March 1. We didn’t hear anything for approximately seven months. Basically the first thing we heard in seven months was we're under investigation. “You’re transferred.” We asked why we were under
investigation and they said that an illegal petition had gone in, signed by others at the Wyong depot. We wrote in a response to that. They then wrote back two weeks later, saying that we weren’t transferred under investigation, we were
actually transferred because of safetyreasons.
MICHAEL GLEESON: It is myview that we believed that there was an occupational health and safety issue there. Everyone wants to work in a harmonious workplace and at that stage, it was not a harmonious work- place.
It was potentially volatile and so as we could keep a team in place to catch the crooks who are cheating the system, Mr Woods and Mr Brew were moved temporarily and since then have been offered a position in our elite squad.
PETER CAVE: They were moved because they were troublemakers?
MICHAEL GLEESON: No, that’s an unreasonable representation. Mr Woods and Brew were moved aside temporarily while an investigation took place. Two people have subsequently been demoted.
We then attempted, from Novem- ber 1 to February 7, to have a meeting with Mr Woods and Mr Brew to try and work out what they would like to take place. They would not come into a meeting. On February 7 they were
offered a position with our elite squad. They have knocked that back.
PETER CAVE: Why didn’t you take the job they offered you?
LINDSAY WOODS: The job they offered us — the majority of it was back shift and night shift down in the city.
NORM BREW: The job was 12 months. When asked what happened after the 12 months, they just said flatly, “We don’t know.”
PETER CAVE: Does CityRail agree there was something rotten going on?
MICHAEL GLEESON: There is no question that the Wyong situation was one that couldn’t continue. Now, there is a new manager in place there. There is a new head of security, generally, in CityRail and we are working very carefully with both the
unions and with the personnel in Wyong to try and sort the area out.
PETER CAVE: That’s scant comfort for Woods and Brew, off work now for five months and convinced that they, and not the wrongdoers, are being punished.
NORM BREW: If I had of known it was going to be like this, I probably would have had second or third thoughts, I wouldn’t have done it. But it had to be done because people need to know.
MICHAEL GLEESON: It is our great hope that there can be some assimilation with Woods and Brew. My advice to them, if they’re watching this, is to make contact with
management again. Let’s try and find a way forward. It is our great hope that
we can utilise them to the best to their ability. But, let’s see.
LINDSAY WOODS: Our career is finished in CityRail.
NORM BREW: Gone. No matter what they offer us, we know, person-
ally, that it will only be a matter of time. Political intelligence What happens when U.S. spies get the goods — and the government won’t listen?
Ken Silverstein and David Isenberg Mother Jones, Jan/Feb 2002, p. 36
In 1989, an intelligence analyst working for then-Secretary of Defense Dick Cheney issued a startling report. After reviewing classified information from field agents, he had determined that Pakistan, despite official denials, had built a nuclear bomb. “I was not out there alone,” the analyst, Richard Barlow, recalls. “This was the same
conclusion that had been reached by many people in the intelligence community.”
But Barlow’s conclusion was politically inconvenient. A finding that Pakistan possessed a nuclear bomb would have triggered a congressionally mandated cutoff of aid to the country, a key ally in the CIA’s efforts to support Afghan rebels fighting a pro-Soviet government. It also would have killed a $1.4-billion sale of F-16 fighter jets to Islamabad.
Barlow’s report was dismissed as alarmist. A few months later, a Pentagon official downplayed Pakistan’s nuclear capabilities in testimony to Congress. When Barlow
protested to his superiors, he was fired.
Three years later, in 1992, a high-ranking Pakistani official admitted that
the country had developed the ability to assemble a nuclear weapon by 1987,
In 1998, Islamabad detonated its first bomb. “This was not a failure of intelligence,” says Barlow. “The intelligence was in the system.”
Barlow’s case points to an issue that has largely been overlooked in the post-September 11 debate about how to “fix” the nation’s spy networks: Sometimes, the problem with intelligence is not a lack of information, but
a failure to use it.
In the early days of the Vietnam War, a CIA analyst named Sam Adams discovered that the United States was seriously underestimating the strength of the Vietcong. The agency squelched his findings and he left in frustration.
During the Reagan years, Melvin Goodman, then a top Soviet analyst at
the agency, reported that the “Evil Empire” was undergoing a severe
economic and military decline.
Goodman was pressured to revise his findings because, he says, then-CIA director William Casey wanted to portray a Soviet Union “that was 10
feet tall” in order to justify bigger military budgets. (Reagan’s secretary
of state, George Shultz, put it more delicately in his memoirs: Reports from Casey’s CIA, he wrote, were “distorted by strong views about
policy.”)
At about the same time Barlow issued his warnings about Pakistan, an Energy Department analyst named Bryan Siebert was investigating
Saddam Hussein’s nuclear program. His report concluded that “Iraq has a
major effort under way to produce nuclear weapons,” and recommended
that the National Security Council look into the matter. But the Bush admini-
stration which had been supporting Iraq as a counterweight to the Ayatol-
lah Khomeini’s Iran ignored the report.
It was only in 1990, after Saddam invaded Kuwait, that clear-eyed
intelligence reporting on Iraq came into fashion.
More recently, the Clinton admini- stration went to great lengths to protect
Boris Yeltsin, who was viewed as a critical partner in Russia after the collapse of the Soviet Union. One former intelligence analyst says that Al
Gore and his national security adviser, Leon Fuerth, would “bury their heads
in the sand” if presented with any derogatory report about Yeltsin.
“Taking unpopular positions means that you get bad reviews and don’t get promoted,” he says. “Some analysts simply stop pursuing information because they know that it can get them into trouble.”
A different type of political filtering takes place when the CIA relies on
“liaison relationships” with foreign intelligence agencies, whose reports are often colored by the biases of the local elite. One notorious example came in Iran in the 1970s, when despite decades of cooperation with the secret police, the U.S. government
failed to grasp the extent of public opposition to the Shah. Less than four
months before Khomeini’s revolution toppled the Iranian monarchy in early 1979, the Defense Intelligence Agencyreported that the Shah was “expected
to remain actively in power over the next 10 years.”
In Pakistan, the CIA has worked closely with the powerful Inter-Services Intelligence agency (ISI) ever since the two institutions teamed up in
the 1980s to fund and direct the Afghan guerrillas. After the Taliban took power in 1996, the CIA relied on the Pakistanis for help in monitoring the regime. But the agency reportedly got little support or information from its ally in Islamabad — probably
because ISI was also one of the Taliban’s primary backers.
“We have consistently misled ourselves because we don’t have our
own sources of information,” warns Burton Hersh, author of The Old Boys:
The American Elite and the Origins of the CIA. “If we had had people working the bazaars in Saudi Arabia or Egypt, we would have seen that there is a lot of unhappiness and that even upper-middle-class people were thinking about joining up with bin
Laden.”
Reforms of U.S. intelligence — whether they involve bigger budgets, better recruiting, or more effective spying — won’t make much of a difference, Hersh and others warn, as
long as officials are unwilling to hear the bad news.
Perhaps Dave, but you're the ones fighting over him. Today Tonight and Vail deny that he was paid, but what we can't understand is why A Current Affair went to all that trouble to prove that Channel Seven pays grubs and liars like Vail, when we know for sure Seven paid for this: Today Tonight: ‘It was known as the Perth Mint swindle. Three brothers were convicted of stealing more than half a million dollars worth of gold. And now, 20 years on, a crooked cop tells how he made up the evidence. In this exclusive interview Anthony Lewandowski confesses all.’ Lewandowski has confessed to fabricating the evidence that sent the Mickelberg brothers to jail for the Perth Mint swindle. The person responsible for getting that confession out of Lewie, and for selling that interview to Today Tonight, was freelance journalist Avon Lovell. Here he is telling Lewie what not to say to Channel Seven reporter Alison Fan. Avon Lovell: ‘You don't go into Belmont, you don’t go into how the affidavit was ...a little bit how it was done. You don’t go into the truth of the affidavit. The limits are well set. Avon Lovell kept insisting that the interview must follow the rules he'd set with Seven, while Lewie kept insisting: Lewandowski: ‘I’m speaking to Alison, there’s no problem.’ And that's really all Channel Seven got despite paying this rotten copper $50,000 via his agent Avon Lovell for: ‘Exclusive interviews concerning all matters relating to the so-called Perth Mint Gold Swindle.’ We have the WA Royal Commission into police corruption to thank for those documents and Avon Lovell deserves some credit too. After 20 years and two books on the Mickelberg story he finally got Lewandowski to confess. But he deserves no credit for the $130,000 worth of deals he then did. First he got himself $20,000 for himself from the Perth Sunday Times: ‘The Sunday Times’ That brought the world the revelation that Lewie was sorry. ‘My Shame’ One of the problems with chequebook journalism is the inducement to colour a story to get the cash. We don't know if Lewie threw a few extra eggs in the pudding here, but we do know the contract said his mate Avon Lovell wouldn't be paid in full unless: ‘The interview...is satisfactory...in quality and quantity as deemed by the editor.’ We asked editor Brett McCarthy if he was happy with the result and he replied: ‘Pretty much. Absolutely.’ And who can ask for better than that? Well, Avon Lovell asked for more, but this time from two deals with the Seven Network. The first, for $60,000, stitches up the Mickelbergs so that for the next 18 months they can't give TV interviews to anyone but Seven, and can't do radio interviews at all. ‘Exclusivity Agreement…Between Seven Network and Ray Mickelberg…Peter Mickelberg…Peggy Mickelberg...Avon Lovell.’ So after years of trying to get everyone to listen to them, the Mickelbergs will now only talk to the electronic media for cash. And the money is all paid to their agent Avon Lovell. But the third deal is the really rotten one. Whether or not you think the Mickelberg boys are guilty, we know detective Lewandowski is crooked because he's confessed the fact. But Seven is paying him that 50 grand again via Avon Lovell. Apart from tears and regrets that money has bought this mawkish exchange between old adversaries. Ray Mickelberg: (on phone)'Hello?' Isn't television wonderful? At each end of the line was a man being paid by Channel Seven. Chequebook journalism is usually grubby and full of conflicts of interest, but they're not often as rich as this. You see Avon Lovell is now writing a third book on the gold heist. That's what got him talking to Lewie in the first place. The Lewandowski tapes are just a part of a huge amount of research – with other explosive revelations to follow – for Mr Lovell’s third book on the Mickelberg case, Litany of Lies.’ Lovell says that his main concern is Lewandowski's safety but the old notion of keeping the best for the book might explain why he hid Lewie away in Thailand, why he set those limits to the Channel Seven interview, and why he's now insisting Lewie only give evidence to the Royal Commission: ‘…in camera – (in private session).’ Lovell, meanwhile, refused to give any evidence himself to the Royal Commission. Reporter: ‘Avon Lovell was defiant today. He spent most of his day at home despite being called to give evience at the Royal Commission.’ Last week, Lovell was fined $30,000 for contempt of court, given 90 days to pay and told to co-operate in the future. Meanwhile, the Royal Commission still hasn't managed to get Lewie himself on the witness stand. Reporter: ‘Counsel assisting the enquiry, Peter Hastings QC said Tony Lewandowski appears anxious to co-operate. But there was some basis for concern about the role Avon Lovell has adopted in not helping the commission speak to Mr Lewandowski.’ Last week, Lewie the bent cop was still out of sight, still negotiating the terms of his own appearance and Lovell the freelance journo is mixed up in those negotiations too. Once, when he was asked where Lewie was, Lovell replied: ‘He's not hiding, you dirt brain, he’s in my back pocket.’ We hope he was joking. In any case the Royal Commission has now ordered Lewie to talk. Until next week. Good night.
Brothers: Justice, Corruption and the Mickelbergs by Antonio ButiMay 19, 2011 By Leave a Comment
3.5 stars (a good book within its genre as per Bookseller+Publisher ratings system)
Published by Fremantle Press, $32.95 tpb ISBN 9781921888472
Set against the excesses of the 1980s and populated with scandals, corrupt cops and corporate cowboys, Brothersis the saga of the notorious Perth Mint Swindle of 1982 in which more than half a million dollars’ worth of gold disappeared, and Brian, Peter and Ray Mickelberg were eventually jailed. The story follows the ensuing 25 years of courtroom battles including eight court appeals by the Mickelbergs.
The brothers claimed they had been ‘verballed’ by police, (the events took place before mandatory recording of police interviews), were convicted on circumstantial evidence, and that their statements had been fabricated.
WA author, lawyer and politician Antonio Buti, spent three years researching this intriguing case using a wide range of sources including interviews, court transcripts, and other books on the case. His ‘inside story’ of Lovell’s The Mickelberg Stitch makes a great read in itself.
Buti’s intricate rendering of the legal process, accompanied by abundant endnotes sometimes distracts from the flow of the narrative but Brothers will appeal to readers of true crime, lawyers, law students and anyone interested in our legal system.
© Paula Grunseit 2011
This review from Bookseller+Publisher magazine June 2011 was first published by Thorpe-Bowker, a division of RR Bowker LLC. © 2011, Thorpe-Bowker
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Judges and senior lawyers admit that the system under which they are appointed is riddled with corruption and open to widespread abuse.
Judges and senior lawyers admit that the system under which they are appointed is riddled with corruption and open to widespread abuse.
In a damning report produced by the Lord Chancellor's Department, it is likened to "the old-fashioned class or caste system" by many of the judges and QCs interviewed.
The findings will deeply embarrass the Lord Chancellor, Lord Irvine of Lairg, who has repeatedly rejected calls to end the "secret soundings", whereby judges and senior lawyers are consulted on the suitability of judicial candidates.
Responses from 137 sitting judges or senior lawyers showed a "clear consensus" for the appointments processes to be "based on openness, objectivity, and selection on merit rather than patronage". It is the first detailed research to include judges.
Of the 137 respondents only 10 said no changes were needed to the system. A total of 52 were interviewed face-to-face.
One judge said: "I don't know what the criteria are for silk... maybe there is a document somewhere that I haven't seen but it seems to me that it depends on who you know, what committee you sit on rather than anything else. There doesn't seem to be a system of interview. It seems to be on general reputation and I think that is unreliable."
Many of those who responded expressed concern that the present system deterred applications from women and the ethnic minorities. Women account for 11 per cent and ethnic minorities for 1.7 per cent of all judges in England and Wales, according to figures from 1999.
A serious concern among those consulted was the domination of an "elite group of chambers" in both London and the regions from which most appointments were made.
One white barrister admitted: "I'm the wrong person to ask about the difficulties in applying for silk. I mean in these chambers usually everyone gets silk, usually the first time of asking and everyone becomes made a judge. It is a sort of 'golden road'."
The report's authors, Kate Malleson, of the London School of Economics, and Fareda Banda, of the School of Oriental and African Studies, said many respondents wanted proper recruitment of under-represented groups.
The report said: "The need for the active encouragement of good candidates and the adoption of processes which are, and can be seen to be, more open and objective were most commonly proposed as ways of improving the accessibility and fairness of the processes."
However, the authors noted that there was widespread support for efforts by the Lord Chancellor to increase the number of women and ethnic minority judges. One respondent described it as a vicious circle, saying: "Black and Asian barristers don't get the work because they are considered to be incompetent and because they don't get the work they are considered to be incompetent."
The respondents felt that there was a need for a judicial appointment commission with many favouring a broad range of membership including judges, lawyers and civil servants. The authors said that the growing concern about the unrepresentative background of the judiciary had become more acute because of the "ten-fold" increase in the size of the judiciary since the 1970s.
Last year Sir Leonard Peach produced a report on the process by which judicial and silk appointments are made, commissioned by the Lord Chancellor.
Judges and senior lawyers admit that the system under which they are appointed is riddled with corruption and open to widespread abuse.
Judges and senior lawyers admit that the system under which they are appointed is riddled with corruption and open to widespread abuse.
In a damning report produced by the Lord Chancellor's Department, it is likened to "the old-fashioned class or caste system" by many of the judges and QCs interviewed.
The findings will deeply embarrass the Lord Chancellor, Lord Irvine of Lairg, who has repeatedly rejected calls to end the "secret soundings", whereby judges and senior lawyers are consulted on the suitability of judicial candidates.
Responses from 137 sitting judges or senior lawyers showed a "clear consensus" for the appointments processes to be "based on openness, objectivity, and selection on merit rather than patronage". It is the first detailed research to include judges.
Of the 137 respondents only 10 said no changes were needed to the system. A total of 52 were interviewed face-to-face.
One judge said: "I don't know what the criteria are for silk... maybe there is a document somewhere that I haven't seen but it seems to me that it depends on who you know, what committee you sit on rather than anything else. There doesn't seem to be a system of interview. It seems to be on general reputation and I think that is unreliable."
Many of those who responded expressed concern that the present system deterred applications from women and the ethnic minorities. Women account for 11 per cent and ethnic minorities for 1.7 per cent of all judges in England and Wales, according to figures from 1999.
A serious concern among those consulted was the domination of an "elite group of chambers" in both London and the regions from which most appointments were made.
One white barrister admitted: "I'm the wrong person to ask about the difficulties in applying for silk. I mean in these chambers usually everyone gets silk, usually the first time of asking and everyone becomes made a judge. It is a sort of 'golden road'."
The report's authors, Kate Malleson, of the London School of Economics, and Fareda Banda, of the School of Oriental and African Studies, said many respondents wanted proper recruitment of under-represented groups.
The report said: "The need for the active encouragement of good candidates and the adoption of processes which are, and can be seen to be, more open and objective were most commonly proposed as ways of improving the accessibility and fairness of the processes."
However, the authors noted that there was widespread support for efforts by the Lord Chancellor to increase the number of women and ethnic minority judges. One respondent described it as a vicious circle, saying: "Black and Asian barristers don't get the work because they are considered to be incompetent and because they don't get the work they are considered to be incompetent."
The respondents felt that there was a need for a judicial appointment commission with many favouring a broad range of membership including judges, lawyers and civil servants. The authors said that the growing concern about the unrepresentative background of the judiciary had become more acute because of the "ten-fold" increase in the size of the judiciary since the 1970s.
Last year Sir Leonard Peach produced a report on the process by which judicial and silk appointments are made, commissioned by the Lord Chancellor.
by Maurice Kellett
Judge not, and ye shall not be judged: condemn not, and ye shall not be condemned: forgive, and ye shall be forgiven
- Christ in Luke 6:37
Police will willingly protect corrupt judges. Corrupt solicitors and barristers abound. This is the true state of the present UK justice system. When people don’t stand up against corrupt judges and policemen that is the most dangerous part of it. They gain more confidence to carry on with yet more evil acts against innocent victims. On web site http://www.mason-rule.com there is part of the evidence to show what happens when a judicial and police victim stands up and defies their evil. These people have nothing to do with justice whatsoever. They are criminals covering under the umbrella of alleged justice. They are amongst the very reasons why terrorism exists. It will exist just so long as they exist. Under the New World Order, which is now underway, more of the worlds downtrodden will turn more to terrorism. World leaders will condemn terrorism but will continue to ignore the reasons that terrorists exist. Just so long as the general public are led by evil people the outcome will itself be evil. I don’t condone terrorism but I can say that I know one of the main reasons of why it exists. There are many hypocrites within British authority, those same hypocrites help to make sure that those with similar tendencies will always remain in the chain of authority.
In 1986 I was battered and then struck by a car that was deliberately driven at me after I had uncovered corruption at then British Coal Estates Department.. The court proceedings at Houghton-le-Spring, Tyne-Wear were illegal. The single magistrate who on sat on the matter was not qualified to act alone. There were in fact two magistrates sitting on the bench but he was a close friend of the man who had battered me and the struck me with the car he deliberately had driven at me. It would have been against court rules for him to have sat on the case in these circumstances. When I raised that matter , even though he sat on the bench, he claimed that he had stood down. Magistrates generally have a few days notice of cases coming before them so they can withdraw from the proceedings in cases such as this. The Clerk to the Justices of Houghton Magistrates Court, along with the Lord Chancellors Department were party to the cover up of those illegal proceedings. After years of trying to have the matter brought to true justice the reaction of authority has been to give me more trouble by continued corruption so rife amongst their ranks. I have recently made a claim for damages against Houghton-le-Spring Magistrates Court and demanded a full inquiry into my case and into others to see if I was the courts only victim since 1986 or whether there were others. I have also formally refused to accept the jurisdiction of that court until such Inquiry is set up. The new Clerk to the Houghton-le-Spring Magistrates Court has not replied to my Statement of Truth setting down the facts of 1986 and the years following it. I delivered that statement to the court several weeks before Christmas. I can only arrive at one conclusion. Northumbria Police have promised over the past few years to investigate the matter of the courts illegal proceedings. But that has been nothing short of a smokescreen set up while they have plotted yet further acts of corruption against me. Even the Crown Prosecution Service situated at Washington, Tyne-Wear attempted to blackmail me. The Northumbria Police Authority have failed to answer a letter I sent to them several months ago asking what Northumbria Police were doing in regard to my allegations of bent judges Durham Constabulary have also failed to act on the matter. of bent judges at the Durham County Court. There is also the matter of perjury that was used against me.
Member of Parliament Mr Fraser Kemp has known about my allegations for several years. Previously he had passed me on to former MEP Alan Donnely. Alan Donnely then informed me that what was being done to me was nothing to do with him and he would not act. Only now after a further approach to him, has MP Fraser Kemp referred my case to the RT Hon. Baroness Scotland QC Parliamentary Secretary to the Lord Chancellors Department. He has also referred my case to the Parliamentary Ombudsman. That was several weeks ago but to date nothing further has been heard from Mr Kemp.
Durham Constabulary have falsely alleged that when a judge lies it is a judicial decision and is therefore protected. That is in fact a lie. A judge who decides to lie and use fraud to arrive at his or her judgement is not protected other than by bent policemen. Such a judge is a criminal by reason of such acts.
To date the mob I mention above, for that is what they are, have cost me my thirty year marriage and the death of my father. They have also caused me other severe damage. With the assistance of bent judges operating within the North East Court Circuit they engineered my bankruptcy. It was two days later that my father collapsed and died after my alleged bankruptcy was published on the front page of the Sunderland Echo newspaper. He had been extremely upset at what was being done to me and begged me to give up my fight against our corrupt justice system because he said that ultimately it would kill me.. My conscience would never allow me to do that. It was the damages awarded by a criminal judge named onhttp://www.mason-rule.com who is still being protected by both Durham and Northumbria Police which allowed my alleged bankruptcy. The proceedings before that judge were also illegal and he used considerable fraud as a means to arrive at his judgement. He also allowed my civil law opponent the use of very material perjury. Some of the evidence of that fraud etc. is published on http://www.mason-rule.com It is known that several police forces are monitoring this website. These scum operating within the UK justice system have made my life so bad that I am no longer afraid of death so I am no longer afraid of them.
"And fear not them which kill the body, but are not able to kill the soul: but rather fear Him which is able to destroy both soul and body in hell-fire."
- Christ in Matthew 10:28
By means of their corrupt practices, they have provided me with evidence of what they are capable of doing to people such as myself. I am using that evidence. And providing it to others. I will never give up until these people are brought to trial. Prime Minister Tony Blairpromised us a fairer Britain. Britain is less fair now than I can remember in the fifty eight years of my life. We remain the laughing stock of other countries who have what can be called a credible justice system. I think it is now time for judges to be elected as in the North American system. The old boys network, often with Masonic membership or leanings, who are responsible for the employment of judges. That must be brought to a halt as soon as possible. People holding public office must be made to declare any membership of any secret society as a first step to trying to achieve something resembling a true justice system.
I can no longer rely on the police for protection. A visit to http://www.mason-rule.com will give the reason for this. I cannot rely on the courts either for justice but that has been the situation for a long time now. Bent judges don’t like being exposed. Straight judges don’t like bent judges being exposed either. My life has been threatened and a threat was also made to burn my home down unless I stopped publicising judicial and police corruption much of which has its roots in Freemasonry. Northumbria Police simply did not want to know about that. Neither did they want to know about a man who threatened that my wife, daughters and I were to be stabbed. He even repeated that threat to a Northumbria Police officer who took no action on it. When we heard evidence that the threat to burn down our home was probably real, my wife begged me to sell our home and run. I could not do that so she went and there effectively ended my thirty year marriage.
In the name of God Almighty all I ask is that the general public wake up to what is going on. My health is now such that my efforts to publicise the situation, even if I eventually get justice, will not help me much. I have concluded that what I am doing may well cost me my life but what is a life when it has been made pure pain and suffering at the hands of the corrupt justice establishment? It is a sad reflection when Tony Blair has recently been preaching at home and abroad on the matter of justice when Britain remains second only to Turkey for the abuse of human rights.
Maurice Kellett
16A The Lyons,
Hetton-le-Hole,
Tyne-Wear DH5 0HT.
e-mail: maurice.kellett@ntlworld.com
6:12 And I beheld when he had opened the sixth Seal (using his "Key"), and, lo, there was a great "earthquake"; and the "sun" became black as sackcloth of hair, and the "moon" became as blood; (Please see "The Four Horsemen of The Apocalypse & the Two Witnesses" Booklet for the Bible Prophecy "Code")
6:13 And "the stars of heaven" fell unto the "earth", even as the "fig tree" casteth her untimely figs, when she is shaken of a mighty wind (Ezekiel 13:13).
9:13 And the sixth angel sounded, and I heard a voice from the four horns of the golden altar which is before God,
It can´t be much more before the "earthquake", that is, a great upheaval of people...
In this context the scriptural code "sun" means The Throne of David - (Psalm 89 v 36) - which is the British Throne. The "Stone of Scone" is Jacob's Pillar and Israel's Throne of David.
and the "moon" Reflects the light of the SUN. The SUN is the British Throne and the "Commonwealth" reflects her light and power (like the moon does to the sun).
please see http://jahtruth.net/horse.htm for the complete document.
----- Forwarded Message ----
From: Stacie Banton <mssbstbess@yahoo.com>
To: yourstory@equalityhumanrights.com; yourstory@equalityhumanrights.com
Sent: Friday, February 27, 2009 9:30:57 AM
Subject: DISCRIMINATION AGAINST A BLACK JAMAICA MAN IN THE U,K
To whom it may concern,my name is Stacie Banton i am writing this story to you asking you to please help us ,my brother Paul Banton lives in the UK, he was setup by his EX-Girlfriend and her daughter.these two girls plotted all sorts of allegations against him,had him arrested and sentence to 8 years in prison just for revenge,all the legal representative in Great Britain believed these girls.they did not gave Paul Banton the opportunity to defend himself,he was represented by the legal aid department,the legal aid lawyers did not defined paul banton the way they should have,they did no investigation in to these girls allegations,they had no evidence or proof against paul banton to collaborate these girls allegation.they found paul banton guilty from the very moment they arrested him know that he was a black jamaica, he was found guilty before they tried him,now paul banton is doing 8 years hard labor for something he did not do,all because of his origination and race .this girl also had custody of our nephew by lying,manipulating coning and schemeing the entire justice department, the immigration officers and most of the legal Representatives of great Britain,she was abusing our nephew until the social service found out and took him away from her,the social services report this to the cat-ford police station from November 2008 until today March 2009 nothing has been done by the police or the social workers regarding the abuse.our family is poor and we don't have much this trial has taken a great tole on us,and has cost our family a lot trying to get justice for paul banton and our nephew.please help us we need your help,now more then ever before.please do not turn your backs on us.paul banton and our nephews rights has been violated in every way possible by these girls and the legal Representatives of Great Britain,i thank you sinclery stacie banton .contact details email mssbstbess@yahoo.complease respond A,S,A,P. thank you God bless.
I am mother to 4 kids after moving districts 2yrs ago our lives have been a living hell,All I did was ask local authorities for help as I ran into problems with the house we moved into and also a reluctant negligent landlord,that was it! After being held at gun point 17 yrs ago i suffer from a nervous debility, most days have a fear of leaving the house.The landlord that thought it was acceptable to leave us for 11 months with no drainage and raw sewerage coming in to the house via up the waste pipes just so happens to be married to one of the registrers for births,deaths and marrages! health visiter ,CPN,housing support worker,msp,environmental I can now identify the stench in the air when I first drove into the town 2yrs ago and its the rotten smell of corruption.And I have saw how low they are willing to go,my youngest was 5 month old when it began the disease from 5yr old sewerage from a main drain in my kitchen easily could have killed her.Not 1 single legal requirement did this man meet he even went 1 yr renting house and wasnt registered after I requested an environmental officer to come out and even though to the naked eye this house was sellotaped together and in serious disrepair,but because she said it was tolerable we were left for another year 5 of us between 2 rooms .Then in june they did what I would call an illegal eviction with the aid of my housing support wrkr and her boss waving the threats of "for the welfare of". I started studying the housing law 4 month ago when i realised what was happening.They made it into this I only wanted me and my children a safe home.Now they are making it hard for us to move into our new home they are even refusing to refer me to any charity as we have lost almost everything we ever had.If Anyone that reads this is one of many corrupt people stop and think How can anyone say this is right there are child molesters and rapists people that are a waste of space why not concentrate on scum if you'se have to terrorise anyone.Im sure if there was a public outroar something would have to be done.There really is no one willing to help it is my childrens rights I am fighting for. I hope we all get judged at the gates who would get the last laugh the
THE MOST CORRUPT BRITISH JUDGES.
TO THE LORD CHANCELLOR
By
Dr. A Adoko
Barrister:
(Voluntarily disbarred)
Papal Knight
of St. Gregory the Great.
PRINTED & PUBLISHED
BY
LONDON TRUTH PUBLISHERS
DR. A ADOKO
10 SOANE HOUSE
ROLAND WAY
LONDON SE17 2JT
TEL: 0171 640 0583
ISBN: 1 871694 05 1
CONTENT
Cover Page: 01
JUDICIAL CORRUPTION: THE START.
1. Millennium Present: 03-08
THE MOST CORRUPT LAWYERS:
2. (Chronology of Events of Racial Discrimination): 09-14
3. The Gang of Four: Rendall, Saunders, Hone & Coles: 15-22
4. Individuals Members of the Gang: 23-31
5. The Cross Examination of Mrs. Coles. 32-35
6. Lord Anthony Lester of Herne Q.C. 36-44
7. Solicitor Robin Lewis: 45-51
THE MOST CORRUPT JUDGES:
8. Chairman: Ms. E R Donnelly 53-62
9. (Chronology of Events of- Publishing Proof of Offences): 63-69
10. Chairman David Booth 70-84
11. Mr. Justice Morrison 85-91
12. Anonymous Judges 92-94
13. Mr. Justice Michael Wright: 95-98
14. His Honour Judge Mitchel : 99-105
15. Mr. Justice Potts: 106-111
16. The Legal Aid Board 112-118
17. & Mr. Justice Maurice Kay:
18. Office for the Supervision of Solicitors. 119-134
19. Lord Chief Justice, Lord Bingham of Cornhill: 135-140
THE MOST JUST PRACTISING LAWYER:
20. Counsel Richard Clayton 141-145
THE MOST JUST JUDGES:
21. Mr. Justice Brooke: 146-147
22. His Honour Judge Altman: 148-151
23. His Honour Judge Prosser: 152-165
24. Lord Denning: 166-173
25. People, People everywhere 174-182
26. Conclusion: 183
27. Inspired Verses: 184-195
CHAPTER 1.
MILLENNIUM PRESENT
TO THE VICTIMS
OF JUDICIAL CORRUPTION
The content of the book sounds very much like a wild burlesque. And, I wish it were. Unfortunately, it is a sinister reality. Nor is it a unique sinister reality. It is about common place corruption, within our courts of law. And, still much more within our legal system i.e. the Law Society and the Bar of England and Wales.
What is written here, is the tip of the iceberg. I was embarrassed, not by the paucity, but, by the abundance of the incidences of judicial abuses of power, from which I had to select, what to publish, and what to leave unpublished. It reminded me of the claim made in the Bible, that if everything that Jesus said and did were written down, the world would not be able to hold the publication!
COMPARATIVE STUDY:
The enormity of the offences of corruption, dealt with may be brought home by comparing what our corrupt judges and lawyers have done, with what Jonathan Atkin and Oscar Wilde did. Both Jonathan Atkin and Oscar Wilde ended up in prison. The charge against them was perjury, that is, telling lies in court. Yet, many of our judges, who have committed worse offences, are still trying cases!
THE NEED TO SPEAL OUT:
It is necessary to the commonwealth of justice, for all persons, especially those of us who are lawyers, to uphold justice without fear or favour. And we should do so, even if, by so doing, the firmament may fall upon us. In an effort to ensure that a few frogs do not pollute the source of the well of justice, this book is written. It is my millennium present to the victims, in England and Wales, of judicial abuses of power.
It has been said that:
“No individual however ... resourceful, can bring a court into disrepute ... The conduct of the judiciary itself and not the individual or group criticising it. determines whether or not it is respected”.
Indeed, honest judges do welcome criticisms. As Lord Denning puts it:
We will never use this jurisdiction to uphold our own dignity ... Nor will we use it to suppress those who speak against us. We do not fear criticisms. Nor do we resent it. For there is something more important at stake. It is no less than the freedom of speech itself”.
There is no law, which make judges immune from the legal consequences of their false oaths. Indeed, the provision of s.4(1) of the Criminal Law Act 1968 makes it mandatory that their criminal offences should be reported to authorities. It is now the practice in England, as is seen in the case of Jonathan Atkin, and Hamilton and of other ministers, that a case alleging sleaze, in a public office, is first reported in a media of public opinion. This book, is that media of public opinion.
In accordance with the requirement of the law, a copy of this book will be sent to the Lord Chancellor, by way of a formal complaint. It will stress the fact that the judges, whose conduct is criticised in this book, are not fit and proper persons to be judges. It will demand that a public investigation of the serious accusations of gross misconduct made against those judges. Further, it will insist that those judges be tried for the criminal offences that they have committed i.e. the course of justice, or defeating the end of justice.
THE OFFENCE OF DEFEATING JUSTICE
BY SWEARING FALSE OATH:
It does not make sense that these judges should escape scot-free from the offence, for instance, of perjury that they have committed. The more so when persons like Jonathan Atkin and Oscar Wilde are made to suffer grievously, for the offence of perjury. Indeed, the offence of perjury committed by Jonathan Atkin and Oscar Wilde, compared to the offence of perjury committed by the corrupt judges such as Lord Bingham, Mr. Justice Morrison and Judge David Booth, to name but a few, look like a grain of sand, compared to a huge balloon!
The charges against Oscar Wilde and Jonathan Atkin were merely that they had committed breaches of a witness' oath, to tell the truth. But, these judges have committed breaches of their Oath of Loyalty to the Sovereign, as well as their Judicial Oath, plus the offence of swearing falsely, in the name of God!
The 3 oaths, which those judges have broken, are as follows.
First, in their Oath of Allegiance to the Sovereign, all these judges had sworn that they would:
Well and truly serve our sovereign Lady Queen Elizabeth the Second, in their various judicial offices.
Second, in their Judicial Oath, all the judges had sworn to:
Do right to all manner of people after the laws and usage of this realm, without fear or favour, affection or ill-will.
Third, all the judges ended the swearing of their Judicial Oath, by calling upon Providence. Each said:
So help me God.
Yet, all of them, in the course of their duty as judges, have maliciously committed atrocious breaches of the oaths to the Sovereign, the Court and to God.
THE OFFENCE OF DEFEATING JUSTICE
BY IGNORING ISSUES:
The legal requirement about what a judge should and should not deal with, may be said to have had it origin in our prayer book. The prayer book commands us not to leave undone that which we ought to do, and not to do that which we ought not to do. The law requires judges to deal with the issues raised in the case before them, by giving their reasons for determining those issues, in one way, or the other. in the cases that I have brought against the Law Society, the judges invariably ignored to deal with the issues that I had raised! The reason is quite clear. If they dealt with those issues, they would have had no alternative, but to make a ruling in my favour. However, since, they had already conspired to defeat justice, they had no alternative but to avoid dealing with the issues raised by me! Their conduct, could not merely be explained in terms of judicial bias. It was the very definition of the offence of a conspiracy to defeat the end of justice!
Just as a judge would have to be insane to deny that the object of the eye, is to see and, of the ear, is to hear, so would he be insane, to deny that the object of judgement, is to determine the issues in the dispute between the parties. There can therefore, be no defence, in law or in fact, to a judgement, which ignores to deal with the issues that constitute the cause of action or the grounds of appeal. Just as no judge dares say that he believes in the self-contradiction, or in the existence of the impossible, so, no judge dares say that he believes that the purpose of pleading causes of action, or grounds of appeal, is for him to ignore them!
Consequently, judgements which ignore causes of action, or grounds of appeal, such as the judgements of Mr. Justice Potts, Mr. Justice Morris Kay, Judge Mitchel, and Judge David Booth etc are, law and in fact, a confession by the judges concerned, that they have maliciously defeated the end of justice. And that confession constitutes grounds for prosecuting them for the criminal offence of a conspiracy to defeat the end of justice.
According to the law, as stated by the Court of Appeal, a fully judicial body, is required by natural justice to give
"Sufficient reasons for its decision to enable the parties to know the issue to which it addressed its mind and acted lawfully". See R v. Civil Service Appeal Board, ex parte, Cunningham [1991] 4 All E.R. 310 at 318 as per Lord Donaldson M.R.
The most corrupt judge in the country, Mr. David Booth, does not merely ignore issues in a case. He goes all the way out to conceal material evidence from assessors! His conduct is like that of the watchdog who steals the property in its trust. Or that of a father, who sexually assaults his minor daughter. He cannot be trusted.
THE OFFENCE OF DEFEATING JUSTICE
BY SECRET BRIEFINGS:
The offence of giving judgement on the basis, not according to evidence as required by law, but according to secret briefings sent to judges has now become prevalent! Suson Forscey-Moore, of Campaign for a Fair Hearing, discovered a written secret briefing, warning the Court of Appeal, in case number FC2 96/6193/E (LTA 96/5619) against the plaintiff, Geoffrey Harold Scriven! Mrs. Moore carried out necessary investigations, and learnt that such Secret Briefings to judges, was not an exception to the rule, but the order of the day!
Accordingly, she wrote a strong complaint, denouncing the judicial Secret Briefings, as judicial corruption. The prejudicial Secret Briefing to the judges of the Court of Appeal, stated:
"It will be noted that after reading the Attached Affidavit, Lord Justice Russell directed that the papers should be submitted to Her Majesty's Attorney General to consider what further action, if any, he should take in the public interest. The Court should be warned, that the present Plaintiff has made it clear in discussions with the writer on the telephone that he has completely misinterpreted the basis of the referral. The writer has not commented in response to his expression of delight that Lord Justice Russell has referred the topic of alleged perjury committed by Lords and Lady Justices of Appeal to the Attorney General for further investigations. The Plaintiff has no idea he is the subject of the referral"!
Judges being human, and human nature being what it is, Secret Briefings of the kind, warning the judges that a litigant was a dangerous person, who accused judges of perjury and corruption etc, could not fail in their object. Indeed, it did not fail in its object! Geoffrey Harold Scriven narrowly escaped criminal penalty.
Nor indeed, did it fail in its object in the cases I brought against the Law Society! Look, for instance, at my appeal against the judgement of Chairman Donnelly! The appeal was based on very serious judicial misconduct:
The misconduct of Judge Donnelly accepting a bribe!
The misconduct of Judge Donnelly receiving blackmailing letter from solicitor Robin Lewis and complying with the term of the blackmail!
Yet my appeal did not succeed! Why did it fail?
The answer is, because of secret briefing! In his judgement, Mr. Justice Mummery, who determined the appeal himself, confessed, without shame, that the appeal failed on the basis of a secret briefing that he had received from the bribed and blackmailed Judge Donnelly! Up to now, I do not know the content of the secret briefing, which is the basis upon which my appeal was determined! I hope and pray that the Lord Chancellor will cause an investigation to take place and then, I will know the content of the secret briefing and give an answer to it!
In its campaign to judges, the Law Society seems to have made my accusation of their officials to appear as a violation of the Law Society franchises! Consequently, my publication of the crimes committed by the Law Society officials was treated, by the court, as the kind of conduct that the court must severely punish! I was to be compelled, by a denial of my right to practise law, to kneel before the Law Society and to apologise for publishing the offences of the Law Society officials! I was to be denied an opportunity to earn a penny of income, as a practising solicitor!
Some of the judges who conspired to defeat the end of justice still show some conscience. For instance, Mr. Justice Morrison and Mr. Justice Potts were, at least, so ashamed of their fictitious judgements, that they did not have the courage to deliver the figments of their minds, which they called judgements, in an open court, attended by their judicial victim! In order to prevent me from attending the deliverance of his judgements, Mr. Justice Potts dared not deliver it in London! He insisted on delivering it in Leeds, in the absence of the parties! Had the courage to deliver his judgement in London, in my presence, I would have had the discourtesy to call him by the name that describes him best:
A Wolf in Sheep's Clothing.
And had Mr. Justice Morrison had the courage to deliver his judgement in open court, in my presence, I would have called him, in his face:
"Sir, Macbeth might have murdered sleep. But you have murdered Justice".
I did, however, had the courage to tell Chairman Booth that he was who he is:
The Most Corrupt Judge in England. And A Racist!
BIBLICAL DESCRIPTION OF INJUSTICE:
The Bible describes well, the conduct of these corrupt judges. Their conduct is not different from the conduct of bad parents. When litigants ask for bread, these corrupt judges, like bad parents, give stones. When litigants asked for fish, they give snakes! When we ask Morrison for Justice, he gives us Injustice. And when we ask Booth for Judicial Determination, he gives us Malicious Determination!
By their own conduct, they have opted out of being judges. They should be butchering cows, and weighing meat.
LEGAL MAFIA:
During the trial of the several cases that I brought against the Law Society, it became clear, why the Law Society hired Lord Lester Q.C. and Solicitor Robin Lewis to represent it! The legal practice of Lord Lester and Solicitor Robin Lewis is essentially Mafia in nature! Lester and Lewis were hired to represent the Law Society solely because of their ability to corrupt the judiciary!
There is absolutely no question that there are some officials of the Law Society, to whom justice is fearful for its own sake. They are like former President Iddi Amin of Uganda, who, having no academic qualification, held that persons with academic qualifications, were fools fit only to be hewers of wood and drawers of water!
These owl-like creatures of darkness, known as the Gang of Four, are:
The Law Society Director John Rendall
Head of Department Nicholas Saunders.
Legal Adviser Anne Coles.
And Manager Mark Hone.
A DEMIGOD:
There is nothing more natural than that those of us brought up under the English system of law should find ourselves addicted to crying ourselves up, as belonging to the best legal system in the world. I never heard a single person cry us down as being a part of a legal system, which was not the best in the world. I had taken for granted that when those addicted to such puffing, stoop to conspire against justice, they would, because of such puffing, at least commit a breach of justice, while still appearing to be doing justice.
I was thus shocked that a number of judges in England go all the way out to publish at least where black people are concerned, that they are neither doing justice, nor pretending to do justice!
Again, there is nothing more natural that a person brought up under the English system of law, as I am, should have entertained the greatest respect and even affection towards our judges. In terms of his independence, and above all, in terms of his unshakeable impartiality as a judge, a person like Lord Denning has always been, to me, as some sort of demigod.
THE SINS OF INJUSTICE & THE VIRTUE OF JUSTICE:
Hence, upon the heads of those corrupt judges, the sins of injustice must be heaped. And, it must be seen to be heaped.
And upon the heads of the just judges, such as Lord Denning, Mr. Justice Brooke, His Honour Judge Altman and his Honour Judge Prosser the virtue of justice must be heaped. And it must be seen to be heaped.
Adlai Stevenson once described a free society, as a society, where it is safe to be unpopular. We should not allow our corrupt judges to succeed to describe our free society as:
A society, where it is safe for corrupt judges, to defeat the end of justice!
CHAPTER 2 CHRONOLOGY OF EVENTS IN RACIAL DISCRIMINATION CASES:
CHAPTER 3 THE GANG OF FOUR: RENDALL, SAUNDERS, HONE AND COLES
CHAPTER 4 INDIVIDUAL MEMBERS OF THE GANG OF FOUR:
CHAPTER 5 THE CROSS-EXAMINATION OF MRS. COLES
CHAPTER 6 LORD ANTHONY AS LORD CAMOUFLAGE!
CHAPTER 7 SOLICITOR ROBIN LEWIS: MASTER OF BLACKMAIL
CHAPTER 8 CHAIRMAN E R DONNELLY: JUDGEMENT BY FEAR.
CHAPTER 9 SECOND CHRONOLOGY - PUBLISHING THE CRIMINAL OFFENCES OF LESTER ETC:
CHAPTER 10 CHAIRMAN DAVID BOOTH: THE MOST CORRUPT JUDGE.
CHAPTER 11 MR. JUSTICE MORRISON: THE MURDER OF JUSTICE.
CHAPTER 12 ANONYMOUS JUDGES:
CHAPTER 13 MR. JUSTICE MICHAEL WRIGHT:
CHAPTER 14 HIS HONOUR JUDGE MITCHEL
CHAPTER 15 MR. JUSTICE POTTS.
CHAPTER 16 LEGAL AID BOARD & MR. JUSTICE MAURICE KAY:
CHAPTER 17 OFFICE FOR THE SUPERVISION OF SOLICITORS
CHAPTER 18 LORD CHIEF JUSTICE, LORD BINGHAM
CHAPTER 19 COUNSEL RICHARD CLAYTON:
CHAPTER 20 MR JUSTICE BROOKE:
CHAPTER 21 HIS HONOUR JUDGE ALTMAN:
CHAPTER 22 HIS HONOUR JUDGE pROSSER:
CHAPTER 23 LORD DENNING
CHAPTER 24 PEOPLE, PEOPLE EVERYWHERE:
CHAPTER 25 CONCLUSION
http://www.ctjnet.co.uk/dossier%20of%20corruption.htm
Dossier of Judicial Corruption in the UK |
Ahmed Balogun and Others
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Unlawfully Denied Access to the courts by a corrupt Judiciary
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NEW YORK - A small plane carrying New York Yankee Cory Lidle slammed into a 50-story skyscraper Wednesday, apparently killing the pitcher and a second person in a crash that rained flaming debris onto the sidewalks and briefly raised fears of another terrorist attack
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When barbarities are practiced by a government, civilized people must stand up and say STOP! lest the whole society be consumed by barbarism. Over the cornice of the US Supreme Court these words are etched To fair-minded Americans, those words apply to both the Branch Davidians and their murderers.http://www.usaweeklynews.com/WacoSeigeShockingTruthP3.php
The WA Court of Criminal Appeal has quashed the Mickelberg brothers' convictions.
The Western Australian Court of Criminal Appeal has quashed the Mickelberg brothers' convictions over the 1982 Perth Mint swindle.
More than two decades ago, Ray and Peter Mickelberg were convicted for stealing 68 kilograms of gold from the Perth Mint.
They made seven unsuccessful attempts to have their convictions quashed.
Their eighth appeal was launched after one of the investigating officers, the late Tony Lewandowski, confessed to helping fabricate evidence against them. The pair was not in court today to hear the court's 2-1 decision in their favour.
But their lawyer, Malcolm McCusker QC has called this a great day for justice in Western Australia.
Mr Lewandowski's mother, Irene Burns, says she is elated for the Mickelbergs and is proud of her son for coming forward.
"This is the reason that he did confess, to get a good outcome, and he's done it," she said.
"The Mickelbergs have come through fine, and I'm happy for them."
The Western Australian Government will consider making a one off ex-gratia payment to the Mickelbergs for their wrongful conviction.
The state has already paid out $600,000 towards the Mickelberg's legal costs, including $250,000 that funded today's successful appeal.
Attorney-General Jim McGinty says while the brothers are taking legal action for compensation, an ex-gratia payment is an option the Government will be looking at.
"We would give consideration to this because it is now clear from the court of criminal appeal that the Mickelbergs had the wrong thing done to them as a result of Tony Lewandowski's perjury," he said.
"That was obviously a failing on the part of the police and the law enforcement processes of this state."
The Assistant Police Commissioner, Mel Hay, has expressed disappointment about the decision to quash the convictions against the brothers.
Mr Hay has refused to apologise to the Mickelbergs, saying there remains considerable evidence to suggest they committed the crime.
"There is an abundance of evidence to suggest and point the finger in their direction so that evidence is still there that hasn't been taken away in any way, it still exists today and one can't ignore it," he said.
Mr Hay has also defended the officer in charge of the case, the late Don Hancock.
"He was a good officer, a officer that had a great deal of pride in being an officer with the West Australian Police Service and during his time he locked up a lot of good criminals and that ought to be never be forgotten," he said.
But investigative journalist Avon Lovell who wrote a book 20 years ago that revealed that the Mickelbergs had been framed by police says today's decision is long overdue.
Mr Lovell's book, The Mickelberg Stitch, was banned for many years and he was sued by Tony Lewandowski and other detectives.
He later taped Mr Lewandowski's confession to fabricating evidence against the Mickelbergs.
Mr Lovell says their convictions should have been quashed many years ago.
"One of the lawyers says it's a great day for justice, a great victory for justice, in fact it's nothing of the kind, it's an appalling indictment on a system that failed to correct itself over 22 years," he said.
The Perth Mint Swindle is the popular name of a 22 June 1982 gold robbery at the Perth Mint in Perth, Western Australia. A total of 49 gold bars weighing 68 kg were stolen. The value of the gold at the time was A$653,000.
Three brothers, Ray, Peter and Brian Mickelberg were sent to court and were sentenced in 1983 to twenty, sixteen and twelve years in jail respectively. The convictions against all three were eventually overturned.
To date the case remains unsolved and continues to be fought by the Mickelbergs who maintain their innocence and allege a conspiracy by the police to frame them.
Soon after the robbery police investigations focused on the Mickelberg brothers. According to the police, the Mickelberg brothers stole cheques from a Perth building society and then fooled the mint into accepting those cheques in exchange for gold bullion, which it was alleged, the brothers had picked up by a courier. The gold was picked up by a security company who delivered it to an office in Perth and then to Jandakot Airport, from where it seemingly disappeared.
After serving nine months of his jail term and having his conviction overturned on appeal, Brian was released from jail but died in an air crash in 1986when the twin-engine plane he was flying ran out of fuel and crashed near Mundaring Weir. Whilst in prison, Ray and Peter embarked on a series of seven appeals against their convictions, essentially on the grounds that their confessions had been fabricated. Ray and Peter served eight and six years of their sentences respectively before being released on parole.
In a bizarre twist, in 1989 55 kg of gold pellets, presumed to have been from the swindle, were found outside the gates of TVW-7 (currently Channel Seven Perth), a Perth television station, with a note addressed to one of the station's reporters, protesting the Mickelberg's innocence and claiming that a prominent Perth businessman was behind the swindle.[citation needed]
In 2002, midway through a State Royal Commission into police corruption, a retired police officer who had been at the centre of the case and who was present at the interviews with the Mickelbergs, Tony Lewandowski, made a confession of his involvement in fabricating evidence which was used to help frame the brothers. He was subsequently charged with attempting to pervert the course of justice, making false statements, fabricating evidence andperjur
Lewandowski's senior officer during the investigation and the other person who had been present at the brothers' interviews was Detective Sergeant Don Hancock who later went on to become head of the State Criminal Investigation Bureau (CIB). Hancock was directly implicated in fabricating evidence by Lewandowski's confession. In September 2001 in an apparently unrelated issue, Hancock was murdered after a car bomb planted under his car exploded outside his home in Rivervale, killing him and a friend Lou Lewis.
In July 2004 the Western Australian Court of Criminal Appeal quashed the brothers' convictions after seven unsuccessful attempts. The judge ruled that with the suppression of their sentence, they were entitled to a presumption of innocence. The Assistant Police Commissioner, Mel Hay, expressed disappointment with the decision which prompted a threat of a defamation lawsuit from the brothers. The brothers subsequently sued the Western Australian government for libel, and as part of the settlement, the West Australian police issued a public apology in December 2007. [1]
After lodging claims for compensation, in January 2008 State Attorney-General Jim McGinty offered $500,000 in ex-gratia payments to each brother for the "injustice done to them".[2] The payment followed $658,672 paid to cover legal costs of their two appeals. The Mickelbergs’ lawyer had asked for $950,000 in compensation for Ray and $750,000 for Peter.
Author Avon Lovell wrote a book about the case, The Mickelberg Stitch (1985) in which he described questionable investigation practices by the Western Australian Police Force and made allegations of unsigned confessions and a forged fingerprint. The police union collected a levy of $1 per week from each member to fund legal action against Lovell and his publishers and distributors to suppress publication of the book. It was estimated that between one and two million dollars was raised.
The book was in fact banned by the State Government, but was still freely available to be read at the J S Battye Library. The ban was eventually lifted.
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Police corruption is a specific form of police misconduct sometimes involving political corruption, and generally designed to gain a financial or political benefit for a police officer or officers in exchange for not pursuing, or selectively pursuing, an investigation or arrest.
An example is police officers accepting bribes in exchange for not reporting organized drug or prostitution rings or other illegal activities.
Police corruption can involve a single officer or group of officers, or can be the standard practice of entire police precincts or departments. In most major cities there are internal affairs sections to investigate suspected police corruption or misconduct. However, sometimes the corruption is so widespread that investigation requires an external body with far reaching powers, such as a Royal Commission.
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ITV News journalist Terry Lloyd was "unlawfully killed by US forces"
when he was shot dead in southern Iraq, his inquest has concluded. The veteran reporter was killed alongside French cameraman Fred Nerac and Lebanese translator Hussein Osman in the early days of the Iraq war in March 2003. Daniel Demoustier, 44, was the only survivor of the four-man ITN team.
Mr Lloyd got caught up in US and Iraqi crossfire near Basra and was shot in the back. As he was taken away for treatment, US forces opened fire on the minibus he was travelling in and shot him in the head. Oxfordshire Assistant Deputy Coroner Andrew Walker said: "I have no doubt that it was an unlawful act to fire on this minibus." He said he would write to the Director of Public Prosecutions to call for the US perpetrators to be brought to justice.
Mr Nerac and Mr Osman, who were travelling in the car behind the minibus, both disappeared. Mr Osman's body was later found and the fate of Mr Nerac remains unknown. Summing up Mr Walker said: "It is only now that the sequence of events that led to this tragedy can be discovered, for a tragedy it is when the lives of innocent civilians are lost." He added: "I am certain that the world is a lesser place following their sad death. "Their professionalism and dedication in the face of danger is and can only be admired by those they left behind." Mr Lloyd and his team had gone through extensive preparation for their trip to Iraq in the month before leaving London, added Mr Walker. He said: "In my view on the evidence I have heard, those preparations, from the initial setting of Independent Television News, through their training of staff and equipment, was of the highest possible standard." David Mannion, the editor in chief of ITN, said the company would fully support Mr Lloyd's family to "bring those responsible for Terry's death to account before a court of law".
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James Packer forecasts the media landscape in Australia will change dramatically in the next 15 years as technology steers the industry into a new age.The chief executive of Publishing and Broadcasting Ltd (PBL) was among four of Australia's principal media leaders, also including Fairfax chief David Kirk, ABC managing director Mark Scott, and Foxtel head Kim Williams, speaking at the Oxford Business Alumni's annual forum in Sydney.
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He said secure display advertising and steady circulation ensured newspapers were in a strong position, but quality content was more important than the medium through which it was delivered.Mr Kirk said while consumers could determine news and programming on pay TV and the internet, and even generate their own content, readers still demanded informed and quality views and news in a convenient and well presented form."There is absolutely no doubt newspapers will have to provide greater quality. We cannot dumb down the product," he said."I firmly believe there is a real demand for high class editing."People do want an easy and comprehensive way of getting their news."Mr Scott agreed that quality content would play a bigger role in consumers' choice than technology.But he said the internet generation who "don't want to be broadcast at, they want to write their own news, contribute" will be the biggest consumer force in the next 15 years."Fifteen-year-olds today ... they are the dominant media consumers," he said."They're used to having it where they want it and when they want it and want to contribute to it. "That's a big shift that all media organisations are going to have to come to terms with."He said technology helped the ABC fulfil its charter to deliver Australian content.He cited the two million ABC podcasts downloaded around the country each month which, he said, made the national broadcaster "probably" the leading provider of podcast material in the world.Twenty-five new ABC television programs next year will also be available from video on-demand download, he said.
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"I was immediately interested because I greatly admired these men who stood up at the Royal Commission into Aboriginal Deaths In Custody and gave evidence about a young Aboriginal prisoner whose murder by the prison guards they had witnessed, in spite of massive pressure (death threats) brought to bear on them by the authorities. he outcome is an explosive play which goes to the heart of corruption in the Police Force and the Judiciary of WA. Many West Australians who for years have swallowed the smear campaign run on them by certain sections of the media will be quite shocked by what they see. This is a seminal West Australian story – two innocent men (Ray and Peter Mickleberg) were sent to jail for a crime that they did not commit – who simply refuse to lay down. Two innocent men, one a returned soldier who gave his all for his country on the battle fields of Vietnam, who suddenly find themselves in
"one of the most brutal prisons in the Western world, where living conditions for the inmates are unchanged since the 1850s."..The Famous Fremantle Prison cts in the 1800's, which was originally built by the convicts, to lock themselves up in, and never remodelled, was only closed in about 1990 after being condemed for over 50 years by health authorities, where no cell had any toilets, and instead had an open bucket to go to the toilet in during the time of 4pm till 8am two to four prisoners that shared the cell were locked up there, haviing collected their evening meal on the way to their cell at 4pm. When the prisoners were let our of their cell at 8am and allowed into the open yard, which they shared with 100 prisoners, 40% white Australian of English Stock and 60% back Australian of Aboriginal Stock, they had the job of pouring what they had collected in their toilet bucket over night into an open drain, and hoping to to be able to use one of the toilets actual toilets that flushed in the yard thy ey shared with 100 other prisoners. There was a tendency to try and not "Shit in the Bicket" over night as this would stink the cell out, so the aim was to hold that part of their bowel movements until they could get to the toilet in the yard the next morning.
Note: Stephen Carew-Reid recalls the first night in a cell in Fremantle Prison which her shared that night, with another three inmates who seemed to have been there for quite some time and liekly to be there for many years to come for serious ctimes such as murder, rape, bank roberies etc, one prisoner said ina strun loud voice,
"If you shit in that bucket I will kill you"
According to Stephen Carew-Reid in hus books, he was simply too scared to shit in the bucket and never did, and simply learnt to hold this back until the next rning as everyone else did. He also recalls the same prisoner recalling that from the window of this cell he witnessed Prisoner Officer Stone, murder a prisoner in the Yard, which he of course went unpunished for. Everyone in the prison feared Prison Officer Stone, quite understandably.
( Fremantle Prison is the famous Fremantle Prison where Stephen Carew-Reid was sent to for a three and a half year jail sentence, for a crimes he did not commit. Stephen Carew-Reid was there at the same time as Ray and Peter Mickleberg and shares the same prison yard Two Division, where Stephen Carew-Reid witnessed a young part aboriginal prisoner, bite the top of Ray Mickleberg's finger off as a favour for Ron Hancock, the Police inspector that set the Micklebergs up as a warning if they kept trying to appeal their lives may be next. As a reward for biting Ray Mickleberg's finger off, the young prisoner whose name was Gary Smith, was released the next day from Fremantle Prison on probation, after having pleaded guilty for a string of breaking and enterings and house robberies. While Stephen Carew-Reid was in Fremantle Prison he worked in the Fremantle Prison Library with Ray and Peter Mickleberg and the famous Ron Morely, who robbed banks in Perth, Western Australia, known as "Grey Beard", as he used ot put on agret beard to do the robberies, ansd was always very courtious to the bank staff when he did the roberies, without using any weapon just to pay his workers in his business which was at risk of being shut down because of large Australian Federal Taxation bills he could not pay, as he has spent all his profits improving the business and emplying more people, and did not put enough cash aside for his taxation committments. Accoridning to what Stephen Carew-Reid says in his books The Triumphg of Truth (Who's Watching the Watchers?) Ron Morely was an absolute gentleman and would not hurt a fly, spoke with a posh English accent and was very intellegent. Ron Morely did not ever keep any of bank robbery money for himself and used it all to pay his workers.
The charges that Stephen Carew-Reid was worngly convicted of involved some cheques that bounced on his business bank account, only because his Gingers Roadhouse on the Brand Highway in Upper Swan, Western Australia, that was turning over $30,000 to $40,000 per week in fuel and takeway food, kwas robbed by freinds of Inspector Ron Carey, and was only found guilty due to a conspiracy between the Western Australian Australian Police, the Crown Law Prosecutors, his own lawyers, prosecution witnesses, the District Court Judge, Judge Wheeler, a set up jury, Oh Yes... in Perth the head Sheriff (Bailiff) of the District and Supreme Courts, who is the person solely in charge of selecting all jury panels for all District and Supreme Court criminal trials in Western Australia, is corrupt, ( which Stephen Carew-Reid has proven beyond reasonable doubt in certain trials and has actually has a jury member, Michale Hopkins, one the Hopkins Brothers, from the well know Perth's Hopkins Furniture Action House, admit he was set up by the Sheriff on a trial of Stephen Carew-Reid to make sure Stephen Carew-Reid was found guilty. The Sheriff is there to specially select jury members when "it is important" in for District and Supreme Court criminal trials in Western Australia, by stacking the original jury panel of 40 people that are meant to selected at random out of the electrol role. That way, when the defence and prosecution barristers select the jury out of the 40 people in the jury panel, out of numbers selected at random out of a hat by the court usher, it all looks open, uncorrupted and fair, however, the reality is, in certain important trials, when those in control on the legal system
( judges, magistrates, senior and well connected prosecutors defence lawyers and barristers, powerful politicians, powerful and senior police, senior and powerful court staff, etc)
is cases where these powerful people decide behind the scenes that a person is going to be found guilty regardless for an number of various reasons, and/or a rich person has paid big money to these people to make sure a trial goes their way, and/or a person simply is too well connected and powerful to be allowed to be found guilty of the charges, the trial outcome and/or sentencing out is set in place before the trial even commences by various means including the following:
(1) The Sheriff carefully selects and the stacks the original 40 member jury panel, so that there are enough people who know what they are meant to do in the jury room if selected as a jury member.
(2) As part of the stacking and manipulation of the jury as criminal trials in Western Australia, they make sure that one of the specially selected jury members pushes their way to be the head of the jury, a job that the average normal jury member does not want in any event. The average jury person selected for a jury at random, does not what to be there, let alone be the foreman and/or forewoman of the jury. These people are only there because they are forced to be there by law when selected on the jury panel. This way the foreman and/or forewoman of the jury can mentally keep pushing the undecided jury members who may be there by random selection, if any are there by random selection, to vote the way his bosses have told him to push the jury to vote. In the end the jury just want to go home to their family and friends, job, business etc and really do not want to be there any more after a long lengthy trial, and can eventually easily be pushed to vote one way or another by forceful strong minded jury foreman and/or forewoman of the jury.
(3) The listings co-ordinator in the District and Supreme Courts in Western Australia, is also corrupt and has given this very well paid and secure job, to select the right judges for particular trials "when it is Important". This way a certain judge, who also knows what he is meant it do, does his part during the trial to make sure things go the way these powerful people running the legal system wants the trial to go... sometimes they want a not guilty verdict and sometimes they want a guilty verdict. The trial judge can easily manipulate the trial in so many various ways and thus heavily effect the outcome of the trial, by refusing the defence to present certain evidence that will help the defendant and/or allow the prosecution to produce certain evidence that is not fair, just or right in law for various reasons to produce, protect prosecution witnesses from being cross examined to the fullest extent by not allowing certain questions to be asked, unfairly and wrongly not insisting that an interpretor is there explaining the whole trial to a defendant who doe snot have good command of the English Language, by wrongly and unfairly instructing the jury at the end of the trial, by allowing the prosecution to get away with all sorts of legal wrongs during the trial which would be obvious to as judge that he should have corrected and/or not allowed to happen during the trial, by not stopping the trial and ordering a new trial and new jury when the judge sees that certain legal wrongs have been so bad that the defendant could not every have a fair trial in these circumstances.. then when it comes sentencing, if there is a guilty verdict that is reached that was planned in the first place to be reached, or a guilty verdict is reached which was not panned, the judge is there to make sure the sentence is either heavy or light, depending on what was arranged to happen behind the scenes. In some cases the judge is told not to give a person a sentence, but instead, rule that the is of the belief that the defendant is likely to mentally unfit and sent down to a mental institution to be examined as to his or her mental state of health. This is a perfect way the powerful people who run the legal system in Western Australia can make sure a person who has been so wrongly and badly legally treated in his trial by the judge, the police, the prosecution witnesses, and sometimes his own defence lawyers and barristers
( who is certain circumstances will take hundreds of thousands off the defendant and his family to run the best possible defence, and still behind the scenes work with the prosecution to make sure his client is found guilty an not presenting the best possible defence by not presenting all the possible defence evidence..not fully cross examining the prosecution witnesses, not forcing the prosecution to produce embarrassing evidence they have that would ensure the defendant is found not guilty.. etc)
can never have an appeal heard to expose all these wrongful things done against him at his or her trial, because a corrupt doctor will declare the person criminally insane.... and so the defendant will never be able to mount an appeal setting out all these appeal grounds, other than in the basis he or she was insane..and end up in a mental institution forever..
(4) Make sure the right corrupt prosecutor is selected to run the trial that is prepared to make false and misleading statements in his opening and closing addresses to the jury, that is prepared to withhold material evidence from the jury and the trial that the prosecution has in it's possession, that favours the defendant, that is prepared to coerce and/or manipulate the prosecution witnesses into telling their evidence in a fabricated and/or misleading way, and generally run the trial contrary to their oath as prosecutors, to search for the truth before, during and after a trail, and instead simply do everything in their power to make sure the person is declared guilty and/or innocent depending on what has been decided for that person behind the scenes before the trail has even commenced.
(5) Make sure that the defence team are also onside to make sure the trail goes the way these powerful people in charge of the legal system want the trail to go. Stephen Carew-Reid has clear evidence that is one of his trials and other trials in Western Australia that the defence legal team acted deliberately against himself at his trial and deliberately against others at theie trials, as a favour for the prosecution and the police. All this is exposed in Stephen Carew-Reid's seven
(the eighth volume was on the way until all the research material and drafts for for the eight volume and the original manuscripts for the first seven volumes were stolen by Queensland senior detectives Barry Zerner and Gregory Stormont on the 17-11-05 from 6 Earl Court Tallai, Gold Coast Queensland)
volumes of his books Triumph if Truth ( Who Is Watching The Watchers?).
(6) In some instances the listings co-ordinator of the court simply selects a certain judge for one of the remand hearings in the very early stages of a criminal proceedings, a long way before a trial date is set down, who says to the defendant,
"you do not look very well today Mr Carew-Reid, I am going to make orders today that you be removed from this court and sent to a mental institution to be assessed on your mental health"
and the defendant is removed from the court and taken to a mental institution where he is declared criminally insane and never released ad never attends his trail..which is adjourned sini di ( which is a legal term for an indefinite adjournment) until the defendant is declared mentally well by the corrupt government doctor.... which of course never happens.
(7) Stephen Carew-Reid has been told by a number of people in Western Australia including lawyers, that it is well known in inner legal circles that is the right money is paid to the right people, then a lawyer can arrange a court case, whether it be civil and/or criminal to go anyway they way it to go because the right judges will be selected that will do the right job "when it is important".
One lawyer has stated to Stephen Carew-Reid that his aunty Judge Antoinette Kennedy, who is a judge in the District Court of Western Australia, can be bribed and/or told when it is important to rule what ever way is necessary in a hearing.. this information was also repeated to Stephen Carew-Reid by clients of this lawyer.
Of course Stephen Carew-Reid exposes the power of the Freemasons in the legal system with over 60% of senior lawyers, barristers, court clerks such as listings co-ordinators who's job is to select a judge and magistrate for a particular hearing, magistrates, judges.. and thus to concern one has when a male judge is hearing a case..as to whether that judge and/or prosecutor and even ones own defence lawyer and barrister are freemasons..
However, what Stephen Carew-Reid goes into expose the new tactic of what he calls these "powerful corrupt people that run the Western Australian Legal System" ...is to make everyone think that the judge hearing the case is not connected in anyway to Freemasonary, and is not corrupt in any way.. they organise a female magistrate and/or judge to hear the case... however what they have done in recent times as they slowly allow females into the role as magistrates and judges because of public pressure for equality between females and makes in the legal system... they mainly select female magistrates and judges that are willing to be corrupt and play the right game they want when "it is important for the honour and security and good pay for becoming a magistrate and/or judge..they deliberately chose females that do not have integrity... that they can control.....so when a person like Stephen Carew-Reid in placed before a female judge and/or magistrate.. knowing that he will be suspicious of not obtaining a fair hearing from a Freemason magistrate or judge, and knowing that only males can be Freemasons, he will put into a false sense of security and belief that because the magistrate or judge is a female, then he will be assured of obtaining a fair hearing... which is definitely not the case ..as Stephen Carew-Reid has now discovered.
It is no wonder that all of Stephen Carew-Reid's original manuscripts of his eight volumes of his books Triumph of Truth (Who is Watching the Watchers?) and copies are removed, stolen and/or destroyed by corrupt people in charge of the legal system, the police, the courts and the government in Australia.. The information that Stephen Carew-Reid has been prepared to candidly expose without holding back in any way is enough to bring the whole legal, judicial, political, police, political etc system down in Western Australia and show to the world that Western Australia has one of the most endemic The corrupt legal system in the world.
Click here to find out more about Stephen Carew-Reid and his books
The Triumph of Truth (Who Is Watching The Watchers?) and
find out why these books are not available for sale.....
The play Mickleberg, will be produced in Fremantle by Deckchair Theatre Company August, September 2010.
I was born into a community whose preferred method of living with Aboriginal people was apartheid.
The country towns were, and still are, a hotbed of a nasty form of racism. Perhaps it is because out there everyone knows inherently the fairy tale version of history, where the first Australians were somehow divested of all of their wealth and land with no violence, is a total fabrication.
In fact, for many whites it is like the war is still going. And because of my belief that Australians are inherently good people who genuinely believe in community values, this set up a great conflict inside of me. How could this happen? How could, for example, West Australians freeze the Nyoongar people out of our economic, education, and social systems for 150 years, and then blame Nyoongar People for the wretched state in which they find themselves?
And really, I wanted to write about how much joy and fun and belonging that I have experienced inside the other country within our country, which is Aboriginal Australia.
When Someone Else’s Country first came out I was quite nervous about how it would be received in Indigenous circles.
I had unwittingly chronicled a kind of secret history that never sees the light of day outside of certain, closed circles. Overwhelmingly the response has been incredibly positive. The reaction from white Australia was quite a different thing. I was accused in the West Australian press of being a liar, and an exaggerator. I have lost most of my white friends, and all of my extended blood family, which was unexpected, and on a personal level, fairly tough to deal with.
Unfortunately, I don’t think much has changed for Indigenous people. This is because the fundamental shift that needs to happen in this country has not happened and, as yet, is on no-one’s agenda. The dominant white culture wants the Aboriginal people to change to be more like us. This has been tried since the arrival of the first settlers, and even though it takes many forms, it is all about assimilation. There is another way.
White Australia needs to become ‘blacker’. We need to educate ourselves. We need to understand Aboriginal Law better. We need to learn about the relationship between country and story. We need to learn Aboriginal Languages so we can pay proper respect. There is vast ecological knowledge in this country – perhaps even the answers to the world’s burgeoning environmental disaster – but this knowledge is not in the English language.
I always wanted to be a writer, but somehow fell into performing because of the intoxicating rush and immediacy of the relationship with the audience. I think being a performer makes me more attuned to the drama and the urgency of any situation. Also, I play the scenes out in my head, and sometimes out loud (doing all the voices) as I am writing them. I have to really love a subject to write about it. I have to be obsessive.
After this book Someone Else’s Country was published, I was approached by Ray and Peter Mickelberg, who wanted me to write a play about their experiences with the justice system.
I was immediately interested because I greatly admired these men who stood up at the Royal Commission into Aboriginal Deaths In Custody and gave evidence about a young Aboriginal prisoner whose murder by the prison guards they had witnessed, in spite of massive pressure (death threats) brought to bear on them by the authorities.
The outcome is an explosive play which goes to the heart of corruption in the Police Force and the Judiciary of WA.
Many West Australians who for years have swallowed the smear campaign run on them by certain sections of the media will be quite shocked by what they see. This is a seminal West Australian story – two innocent men sent to jail for a crime that they did not commit – who simply refuse to lay down. Two innocent men, one a returned soldier who gave his all for his country on the battle fields of Vietnam, who suddenly find themselves in one of the most brutal prisons in the Western world, where living conditions for the inmates are unchanged since the 1850s.
The play will be produced in Fremantle by Deckchair Theatre Company August, September 2010.
For more information please contact Claire Miller, “cmiller@fremantlepress.com.au
This version of the judgment has been prepared by: Dr Robert N Moles and Bibi Sangha
Underlining where it occurs is for editorial emphasis]
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Mickelberg 2004 West Australian Supreme Court - appeals allowed
This case involves the convictions of Raymond and Peter Mickelberg [RM and PM; together “the Ms”]. I am in agreement with Toohey and Gaudron JJ. My comments relate to the submission that:
this Court has power to receive fresh evidence in an appeal from a Court of Appeal [CA];
to the effect of the concession made in this Court by counsel for the respondent that pins were placed in the WABS cheque when it was photographed in Canberra by Dr Hilton Kobus and not before;
to Peter Mickelberg's contention, raised in this Court for the first time, that his convictions are unsafe and unsatisfactory;
to the test to be applied by an intermediate appellate court when deciding to set aside a conviction on the ground of fresh evidence.
The Ms sought to place before this Court additional evidence which was not before the CA. Over the years this Court has consistently maintained that it has no power to receive fresh evidence in the exercise of its appellate jurisdiction. They argued that the relevant decisions are wrong and should not be followed. Before turning to the argument, I should identify the nature of the additional evidence on which they sought to rely.
The Ms sought to establish:
That evidence given by police witnesses as to the date of the photographing of the fingerprint on the WABS cheque was wrong.
That evidence given by police witnesses that the print had disappeared when the cheque was returned by Dr Kobus from Canberra was wrong.
That the negatives tendered in evidence purporting to be the original negatives of photographs of the fingerprint taken by Dr Kobus in Canberra, are not the original negatives but are copies which must have been made by the police after the originals had been sent by Dr Kobus from Canberra. According to the Ms the originals are not in evidence.
That, following his conviction, PM gave instructions to appeal against his conviction for conspiracy.
That the chassis number said by the police to be that of a burned-out car in Wanneroo was not the chassis number of a 1965 Ford Falcon sold by Mr and Mrs Allen in May 1982. According to the Ms the significance of the new evidence is that it would throw a cloud of doubt over the inference to be drawn from the presence of RM's print on the WABS cheque. The evidence is intended to provide an explanation for PM's failure to appeal within time against his conviction for conspiracy. A subsequent application for an extension of time was refused. The evidence is intended to displace part of the evidence linking PM with the conspiracy, that is, his connection with the car allegedly used in the execution of the conspiracy.
The Crown did not accept the additional evidence and sought the opportunity to test it by cross-examination and to adduce evidence in reply should the Ms argument prevail. S73 of the Constitution confers upon the High Court jurisdiction "to hear and determine appeals from all judgments, decrees, orders, and sentences" of the persons and bodies referred to. The Ms contended that this power should be widely construed, that it contains no fetter preventing the Court from considering fresh evidence and that prima facie, apart from policy considerations, the Court is empowered to receive fresh evidence for the general purpose of doing justice.
The powers of the Court "are of the widest character which true appellate jurisdiction may possess": Victorian Stevedoring and General Contracting Co Pty Ltd and Meakes v Dignan 1931, and that s.73 contains no express fetter preventing the Court from considering fresh evidence. But unless the reception of fresh evidence is truly a part of the Court's appellate jurisdiction, then the absence of such a fetter is irrelevant.
The authorities in this Court stand clearly for the proposition that the reception of fresh evidence is not a part of the appellate jurisdiction of the Court. The Ms challenged the reasoning on which these authorities are based on the ground that the reasoning depended on old English authorities which have been overtaken by more recent decisions. They made the point that, at a time when an appeal lay from this Court to the Privy Council, the Court was influenced by the circumstance that the Court of Appeal and the House of Lords did not receive fresh evidence. As it is now clearly established that both the CAppeal and the House of Lords receive fresh evidence, there has been a material development which justifies reconsideration of the existing authorities.
In Ronald v Harper 1910 this Court unanimously rejected the submission that it had jurisdiction to receive further evidence in support of an application for a new trial; it said the Court had no such jurisdiction, and referred to Flower v Lloyd 1877 UK, where the CA decided that it had no power to receive fresh evidence and that it would be a dangerous practice to allow it. Birch v Birch 1902 UK expressed the same opinion. However, the references were not central to the reasoning in the cases and made the point of policy that it would be undesirable for the Court to exercise such a power. The other members of the Court made no reference to the position of the CA and confined themselves to the jurisdiction of the High Court under the Constitution. Barton J was "strongly disposed" to think that there was no such jurisdiction. O'Connor J observed:
"It is abundantly clear from sec.73 of the Constitution that the High Court can review a judgment of a State Court only by way of appeal. Acting on that view the Commonwealth legislature, in equipping this Court for the discharge of its duty, has recognized its authority to act in respect of the judgments of State Courts exercising State jurisdiction in no other way than by appeal. To determine as a Court of first instance the facts upon which these new grounds of appeal rest would be obviously to exceed the jurisdiction vested in this Court by the Constitution."
Griffith CJ said that it was clear that the primary judgment "would not be set aside unless there were, at least, a reasonable probability that the new evidence sought to be given would make a difference in the result". However, this was neither a statement of principle nor the formulation of a test for the receiving of fresh evidence, but merely an indication that the plaintiff had not been harmed by the Court's lack of jurisdiction.
Since Ronald v Harper, this Court has consistently maintained that it lacks power to receive fresh evidence, whether due to Constitutional limitation or to the absence of express statutory authority: see Victorian Stevedoring; Davies and Cody v The King 1937; Grosglik v Grant (No. 2) 1947; Crouch v Hudson 1970.
Underlying this uninterrupted stream of authority are 2 propositions.
1 An appellate court, in hearing an appeal, is called upon to redress error on the part of the court below. In deciding whether there was error, the appellate court looks to the materials which were before the court below. It is otherwise if, according to the statute governing the jurisdiction of the appellate court, the appeal is by way of rehearing. Then the court of appeal is not restricted to the materials on which the court below gave its decision and may receive additional evidence, including evidence as to matters which have taken place subsequent to that decision: Victorian Stevedoring contrasted the appellate functions of the Privy Council and the CA UK. The PC's prerogative jurisdiction was to decide whether the judgment complained of was right when given on the materials before the court below: Ponnamma v Arumogam1905; Donegani v Donegani 1835; but cf Judicial Committee Act 1833.
The appeal to the CA UK, on the other hand, was by way of rehearing: Victorian Stevedoring, and enabled it to receive further evidence when hearing an appeal. Thus, the Court was entitled and ought to hear the case as at the time of rehearing: Attorney-General v Birmingham, Tame, and Rea District Drainage Board 1912. But the jurisdiction of the CA differed from that of a court hearing an appeal in the strict and proper sense of the term. The Court of Appeal's discretion to receive further evidence has been much discussed in England:Curwen v James 1963; Murphy v Stone-Wallwork (Charlton) Ltd 1969; Mulholland v Mitchell 1971; McCann v Sheppard 1973. But that discussion throws no light on the answer to the question presently under consideration. It seems that the House of Lords has power to receive further evidence in civil appeals. Just what is the source of the power is not altogether clear. Murphy v Stone-Wallwork: "Your Lordships' House has no similar rules of procedure governing your Lordships, but I have no doubt that your Lordships have ample power to admit further evidence ..."
The Directions as to Procedure applicable to Civil Appeals to the House of Lords provides for the making of an application for leave to introduce fresh evidence. The Rule appears to assume the existence of an authority to receive such evidence but the authority is not identified.Barder v Caluori 1988: "In appeals from the High Court to the CA, and from the CA to your Lordships' House, there is a discretion to admit evidence relating to supervening events where refusal to admit it would plainly cause serious injustice." The reference was to a supervening event which invalidates an assumption or estimate made at the time of the hearing of a matter. The calculation of damages may be based upon an assumption which is invalidated or falsified by subsequent events. That is a special situation because the court below has made an assumption or estimate as to a specific matter which has later been proved to have been erroneous.
The principle that justice requires cases to be decided as far as practicable upon the basis of facts, rather than assumptions or estimates in relation to those facts and subsequently found to be incorrect, may require such cases to be treated differently. The House of Lords' power to receive further evidence, is not, in my view, a reliable guide to the jurisdiction of this Court under s73 of the Constitution. The power of the English courts to set aside orders or to order new trials on the basis of further evidence was significantly affected by the Supreme Court of Judicature Act 1873 (UK) which vested in the CA the jurisdiction to order a rehearing; Re Barrell Enterprises 1972. The developments in the law in this respect in England are therefore not of direct relevance to the interpretation of s.73 of the Constitution which governs the appellate jurisdiction of this Court.
The second basic proposition underlying the stream of authority already mentioned is that s.73, in conferring appellate jurisdiction on this Court, contains nothing to suggest that the Court is "to go beyond the jurisdiction or capacity of the Court appealed from": Victorian Stevedoring,. Indeed, by differentiating between original and appellate jurisdiction and by making different provisions for their exercise, the Constitution reinforces the notion that, when it refers to the appellate jurisdiction, it is speaking of appeals in their true or proper sense.
Isaacs J (dissenting) in Werribee Council v Kerr 1928 stated that no appeal from a State court exercising federal jurisdiction could be a rehearing because it would involve this Court exercising original jurisdiction as State judicial power. Whether this could be done under ss75 and 76 and 51(xxxix) of the Constitution is not a matter that needs to be discussed. Victorian Stevedoring referred to The Commonwealth v Brisbane Milling Co Ltd 1916 which inclined to the view that it was not possible to confer the additional power on the Court by way of a grant of original jurisdiction. There are two statements which may appear to be inconsistent with the course of authority in this Court. The first is Scott Fell v Lloyd 1911: "If necessary in the interests of justice the Court could send the case back to the Supreme Court for the purpose of obtaining further evidence." There may well be cases where this course may properly be followed: Pantorno v The Queen 1989. But it must be read subject to the cases which follow it and especially Ronald v Harper.There is no foundation in M's submission that the decisions of this Court are based upon misconceptions about the powers of the English Court of Appeal or that the jurisdiction of that Court is a reliable guide to the appellate jurisdiction of this Court under s73.
It remains for me to consider the argument that the grant of appellate jurisdiction necessarily gives the appellate court power to do complete justice between the parties and that such a power entails the power to receive further evidence.
There is force in the argument that, in the light of contemporary notions of justice, a grant of appellate jurisdiction to a court should be understood as empowering the court, in its discretion, to receive further evidence with a view to determining whether the decision of the court below was erroneous and, if so, what order should be made in its place. On the other hand, the authorities make it clear that in 1900 a mere grant of appellate jurisdiction would not be understood as carrying with it a power to receive further evidence. Moreover, the division between the original and appellate jurisdiction of the Court makes it all the more difficult to sustain this aspect of the argument. As noted inVictorian Stevedoring, to do complete justice between the parties litigant by making an order which the court below had not jurisdiction or power to make "smacks rather of original jurisdiction". However, it may be that the existence of a discretion to receive evidence of supervening facts on matters which were the subject of assumption or estimation in the courts below: Barder v Caluori; is properly part of appellate jurisdiction. It may be that appeals in Constitutional cases stand in a different position; the Court possesses an original jurisdiction in Constitutional matters. For the purposes of disposing of the present case, it is not necessary to decide these questions. Accordingly, I reserve my opinion on them.
My conclusion is that the Court has no power to receive the further evidence which the applicants seek to adduce . That conclusion should not be understood as denying the capacity of Parliament to confer on the Court power to receive fresh evidence in appeals, at least in those appeals which involve the exercise of federal jurisdiction.
Closely related to the further evidence which Ms sought to introduce was the use which they attempted to make of a concession made by the Crown that pins had not been placed in the WABS cheque before it was sent to Canberra on 16 July and that pins were placed in the cheque when it was photographed in Canberra by Dr Kobus. Both elements of the concession are relevant to the question: when was the photograph of the cheque which was admitted into evidence at the trial taken? The Crown submitted that the concession itself amounted to fresh evidence.
True it is that the presence of the pin marks in the cheque was not observed at the trial and that it could have been noticed then. To the extent that the evidence relates to the actual presence of pin marks in the cheque, the evidence is not fresh. But the facts which are the subject of the concession are facts which were not proved or admitted at the trial or in the Court of Criminal Appeal. No doubt material which explains or records what happened in the courts below, including the trial court may be introduced in an appeal in this Court. But the concession is not material which falls into this category. Although the concession seeks to explain something that was put in evidence at the trial, it asserts new facts relevant to the issues which arose for determination at the trial. The concession amounts to further evidence. The fact that it is undisputed evidence does not suffice to give this Court jurisdiction to consider its effect.
I agree with the conclusion of Toohey and Gaudron JJ that the CA failed to determine the whole case referred to it and that the question whether PM's convictions are unsafe and unsatisfactory is fairly arguable. I agree also that special leave to appeal should be granted to PM to enable the Court of Criminal Appeal to consider, by reference to the whole of the evidence, excluding of course the further evidence sought to be adduced in this Court, whether his conviction for conspiracy is inconsistent with the acquittal of BM and whether his convictions are unsafe and unsatisfactory, notwithstanding that the convictions were not challenged in the CA on these grounds. Although the failure to argue the points in that Court would in other circumstances be a strong reason for refusing special leave to appeal, the fact that the Executive Government referred the whole case to the CA for determination under s21 of the Criminal Code (WA) is a decisive countervailing factor.The reference indicates the existence of public concern about the propriety of the convictions. That concern will not be satisfied unless there is a judicial decision resolving the contention that the convictions are unsafe and unsatisfactory, when that contention is fairly arguable. Largely related to that question is the argument that PM's conviction for conspiracy cannot stand alongside BM's acquittal.
Whether or not the reluctance of this Court to grant special leave to appeal on the basis of argument presented for the first time in a case before this Court is founded upon the nature of its appellate jurisdiction or, as I am inclined to think, the exercise of discretion is a question which was not argued before us. But it would be surprising if there was a want of jurisdiction when the Court has made many statements dealing with the way in which a discretion may be exercised to allow a point not argued in the courts below to be raised within this Court for the first time. It is clear that only in exceptional circumstances is special leave to appeal granted when the point relied upon was not taken at trial or in a Court of Criminal Appeal: Millard v The King 1906; Giannarelli v The Queen 1983. Equally, a point cannot be raised for the first time on appeal when it could possibly have been met by calling evidence below: Coulton v Holcombe 1986; Water Board v Moustakas1988; Pantorno v The Queen. However, that is not the case in relation to the points which PM now seeks to raise. They are points of law based necessarily upon the facts as proved in evidence in the courts below, and as such may be entertained in this Court in the interests of justice: O'Brien v Komesaroff 1982; Pantorno v The Queen.
It is unnecessary to decide the question in order to grant special leave to Peter Mickelberg. The points relied upon in this Court for the first time fell within the scope of the reference to the CA and should have been pronounced upon by that Court as part of its consideration of the whole case. This Court therefore possesses jurisdiction to consider the matter on appeal for the same reasons as I have already given in favour of the grant of special leave.
The final matter concerns the appropriate test to be applied by an appellate court in deciding whether to set aside a conviction on the ground of fresh evidence. It is established that the proper question is whether the court considers that there is a significant possibility that the jury, acting reasonably, would have acquitted the appellant had the fresh evidence been before it at the trial. This test was endorsed in Gallagher v The Queen 1986: "no form of words should be regarded as an incantation that will resolve the difficulties of every case"; the court would need to conclude that "a jury might entertain a reasonable doubt about the guilt of the appellant"; the use of the expression "significant possibility" did not involve a different standard. I am in agreement with those statements. We were not asked to reconsider the correctness of the decision in Gallagher. I would grant the application by PM for special leave to appeal and allow the appeal to the extent necessary to allow consideration whether his conviction for conspiracy is consistent with the acquittal of BM and whether his convictions, or any of them, are unsafe or unsatisfactory. I would refuse the application by RM for leave to appeal.
Toohey and Gaudron JJ have canvassed the grounds of appeal which were argued in this case. I agree with the conclusions which they have arrived at. This Court has uniformly refused to receive fresh evidence in the exercise of its appellate jurisdiction in criminal cases. The principle was stated in Davies and Cody v The King 1937: "The only power of the court as a court of appeal is to consider and determine whether the judgment of the court appealed from was right upon the materials before that court ... In this case the court is invited to consider fresh evidence. The court has no power to consider that evidence."
The cases in this Court have spoken uniformly on this subject. I am unable to agree with Toohey and Gaudron JJ that, although this Court generally has no power to consider fresh evidence, the concession made in this Court by counsel for the Crown as to the photograph of the print on the cheque can be regarded in deciding whether the decision by the CA was correct. The jurisdiction of this Court is to pronounce the judgment which the CA should have pronounced: Craig v The King 1933; Pantorno v The Queen 1989 and therefore this Court is required to determine "whether the judgment of the court appealed from was right upon the materials before that court". That function cannot properly be performed by reference to materials that were not before the court appealed from. This Court is not a court of criminal appeal and it is not fitted to receive, test and evaluate evidence which has not been considered in the court appealed from. In an appeal which challenges the evaluation by the CA of the sufficiency of evidence to support a conviction or the cogency of fresh evidence not produced at the trial, this Court cannot have regard to facts which were not before the CA. The notion that the correctness of the decision of the court appealed from can be determined by reference to materials not before that court is inconsistent with the appellate nature of the jurisdiction exercised by this Court.
Their Honours leave open the question whether there is any practical difference between the formulations of the test for determining whether fresh evidence is such as to warrant the quashing of a conviction. The formulation which, in my respectful opinion, was settled by this Court inRatten v The Queen 1974; and in Lawless v The Queen 1979, is whether the jury, if the fresh evidence had been laid before it together with the evidence given at the trial, would have been likely to have entertained a reasonable doubt about the guilt of the accused. That was the formulation to which I adhered in Gallagher. The test has sometimes been expressed not in terms of "likely" but in terms of "might" Stafford v DPP 1974 UK; Gallagher; or in terms of "significant possibility"; Gallagher. Although I agree with Toohey and Gaudron JJ. that it is not necessary to elaborate in this case upon the differing nuances of these formulae or to decide between them, my preference for the "likely" formula remains.
That said, I come to the same conclusions as their Honours - indeed, I come to the conclusion in the case of RM more readily. In the case of PM, it is apparent that the evidence against him has not been subjected to the critical examination necessary to determine whether his convictions are supportable. I agree that the reference of PM's case to the CA required that examination to be made and that the matter should be remitted to that Court accordingly. That Court has authority to consider fresh evidence. In so saying, I do not imply any departure from the distinction to which I referred in Chamberlain v The Queen (No.2) 1984; between a case where the CA is satisfied that, on the evidence before the jury, it would be unsafe, unjust or dangerous to allow a verdict of guilty to stand and a case (such as Ratten) where the CA is satisfied that, had fresh evidence been available and produced at the trial, a different verdict would have been likely.
I would refuse RM leave to appeal. I would grant special leave to appeal to PM and allow his appeal, setting aside the order made by the CA in his case and remitting his case to the CA for determination in accordance with the judgments of this Court.
Verbals were the order of the day and plenty of Hancock’s followers were ready and willing to oblige. Just fill in the empty gaps with snippets of half evidence that the court accepts on the bent copper’s word that it is a confession. Throw in a couple of random beltings, reports of perpetrators breaking out in tears of remorse and “Wham Bam, thank you Ma’am”, a successful collar goes down, Guilty.
Hancock went to his grave as the only murder suspect over the shooting of a man in the back from ambush at night in the dark from a distance, all allegedly over a few words to a barmaid. The barmaid was Hancock’s daughter working in the family pub. There was a farcical inquiry led by his old drinking buddies and as they went round and round the garden like pet ducks all the evidence disappeared and Hancock walked away, free.
There were two competing sets of rules for this high ranking and highly rank cop, one for him and his feckless lot and another for the rest of the community. Cop it sweet.
Infamously Hancock was once recorded by Ray and Peter Mickelberg on a covert tape that is illuminating of his techniques, bullying and scornful disregard for lawful conduct. It was played to the High Court of Australia.
His words, to coin a phrase, speak for themselves …
Hancock: I don’t know what you expect.
Ray: To live by certain rules.
Hancock: Well, are there rules?
Ray: You tell me there are.
Hancock: No. There might be guidelines but no rules. I could have gone harder.
Ray: Do you think it would have been wise?
Hancock: Pride comes into it. Don’t ever challenge me to do something because I’ll fucking well do it all right. You can rest assured about that.
Ray: You’re mean, Don.
Hancock: I’m not a mean person, but I’ll tell you what, I’ve done things in my life that you never did, and harder things, worse things, and if I’ve got to do them again, well, I’ll do them.
Ray: In the line of duty?
Hancock: That’s it, yes. What I believe is my line of duty – to get the job done.
It was a pretty bizarre statement that Hancock considered himself to be a harder and tougher man than Ray Mickelberg who had served as a frontline SAS commando in action in Vietnam.
The term Hard Men should be reserved for men named in the following true story of bravery. Hancock surrounded himself with men like Lewandowski and Colin Circles Pace, hardly inspirationally brave men themselves, either. Pace was allowed to resign from the force labelled as crooked as a dog’s hind leg and corrupt to the core. ‘Weak Men’ is more apt a title befitting these Bent Cops. I do not pretend to talk for the Good Lord but it would appear he frowns on the corrupt members of the Police force. Lets face it, Hancock died a horrible death by bombing, Lewandowski hung himself, and the Pace ending is yet to unfold.
Maybe their victims are the hard men, some spent 12 years or more in jail and summoned the strength to stay alive in horrible conditions of degradation and pain. Others lost families, fortunes and futures due to these alleged Hard Men taking short cuts rather than doing their jobs properly. They are given enormous powers in the cause of good but that is not enough and they exaggerate themselves as some kind of saviours; vigilantes in the cause of themselves!
These very men rarely feel the true sting of justice. The general community waits patiently but hopelessly for the administration of an all embracing and equal application of Justice.
The likes of McGinty and Cock and the judiciary fail to punish the well known perpetrators of official evil. The judges only see what is put before them.
To finish this series of three books I wish to detail a story showing not all cops are bad, only a very few, hence the following story of bravery, loyalty and honesty. Even the gunman could be said to be brave and honest ‘to his own choice of lifestyle’. Problem was, he kept coming back on most weekends for a couple more potshots at the local coppers. There could only be one ending.
It is a true story of Hard Men.
There was this tough local guy who had done some heavy time in Victoria’s infamous Pentridge Prison. Coming back to the West after his extensive jail training he was imbued with an abiding hatred of ‘coppers’. He blamed them for his bad luck, although he was not much of a thief. He was much better as a stand over man using his guns to intimidate victims. Donald Harley Stewart started his violent life of crime as a car thief, moving to Melbourne in his teens, using a stolen car. He was stopped in South Australia and a rifle was found in the car. His two year stint in a reformatory was cut short when he escaped and continued to Victoria, always using stolen cars. Eventually the Victorian police caught up with him and instead of sending him back to South Australia to complete his time there, they had a bundle of their own charges and he went down for six months. Almost immediately after release he went back inside again on car theft charges. Throughout this period his family supported him and encouraged him to go straight which, for a time he did.
But within two years he was back to his car thieving. He had ‘acquired’ a car which he hid in the bush. Police were staking it out, waiting for the thief to return. Alert as a prowling animal, he sensed the presence of the police, but this time he was armed with a pistol. Not knowing this, the police called to him to stop when he was only a short distance from the car. Stewart took to his heels with the police in pursuit. He turned and fired about six shots at the detectives, one of whom answered with a similar barrage. Stewart was unharmed but Detective Lloyd Taylor was hit in the leg.
Just 20 years of age, Stewart was now being pursued by armed squads of police who were now fully appraised of his venomous intent to harm them.
A short time later he was surprised in a house which he was in the process of burglarizing. The occupant took off after Stewart but gave up the chase when a bullet whizzed past him. A high speed car chase around the inner Perth suburbs ended when he crashed off the side of the road. Running to a house, the woman inside was quick enough to lock her door and keep Stewart out. Police surrounded him and called for him to surrender. Even then Stewart went for his gun until he was knocked down with a bullet in the back.
Astonishingly, he was scarcely hurt because of the faulty charge in the police bullet.
With the multiplicity of charges against him, the sentence of ten years did not seem excessive to the police and public. The sentencing Judge told the gunman, “It seems that you will let nothing stand in the way of your criminal intentions and you will use a firearm whenever it suits your purposes.”
At this point, Stewart’s father abandoned him and told a Perth newspaper that he no longer had a son. He attributed his wife’s early death to her son’s criminal conduct and disowned Stewart.
With remissions for good conduct, Stewart was freed after six years. He began legitimate work and was probably the victim of genuine bad luck. There was an allegation of theft at his work, seemingly not to involve him, detectives thought. However, he was sacked shortly after. It was the fulcrum point of his life after which he embraced entirely a life of violent crime and passionate hatred of all police. He was set for revenge. He connected with a career criminal from Sydney who was soon arrested and turned on Stewart to reduce his time in jail. The police were now equally as focused on Stewart as he was on them. A showdown was inevitable.
After serving a four month sentence for which he had been shopped by his Sydney ‘mate’, Perth detectives were distinctly uneasy because Stewart had continuously voiced his hatred to prisoners who passed the information to the screws. He specifically targeted three police in his vicious rantings: Detective Sergeants Parker, Leitch and McLernon.
Stewart collected weapons as others collect old chairs or stamps. He lived by the gun and made preparations to die by the gun. Hiding out in the Perth hills he found an isolated farm and proceeded to dig a caravan into the ground hidden by trees and shrub. Into his hidey hole he stored an arsenal of explosives, weapons and ammunition. Perhaps he was preparing for the Red Chinese invasion. And as is the want of country boys, he took to going to town of a weekend but with one major difference. He went armed and angry, looking for bear. In his twisted view of life, the police were his target, fair game, although at that time the general copper went around his beat unarmed.
On one occasion Stewart telephoned Detective Sergeant Owen Leitch, later to become Commissioner, to warn him that he was on the prowl and armed for a fight. “Just wait,” he prophesied. A local newspaper published a somewhat edited version of the conversation where Stewart asks Detective Leitch, “I heard you were looking for me.”
“Nah, Don,” replied Leitch. “We were just wondering where you were and what you were doing.”
But the police indeed had serious cause for concern. They suspected that Stewart had stolen two cases of gelignite from a quarry near Perth and their apprehension grew as several cars were blown up. They were Ford Zephyr vehicles, the same as detectives drove. Stewart was sending his message of intended violence. There was a wave of car thefts and burglaries which the police attributed to Stewart. Of more concern was the theft of a radio from a taxi that was capable of tuning into the police broadcast band. Stewart could monitor the efforts to track him down.
Then in March 1959 a beat copper in the inner north of Perth near the Museum observed a car which he soon confirmed as a stolen vehicle. The keys had been left in the ignition so the smart young constable took the keys and hurried off to Central where he reported his find to the desk sergeant. Another young constable, A.H. Howell, was sent back to the scene to keep an eye out. Stewart returned and was immediately suspicious that the keys were gone. He had his hotwiring gear and was in the process of stealing the car he had already stolen when Constable Howell arrived. Stewart took off on foot with Howell in pursuit. Stewart then stopped and turned, yelling out, “Stop, or I’ll let you have it!”
Howell kept going and Stewart fired two shots at the game unarmed young cop who was unharmed, luckily. The gunman disappeared into the dark streets of Northbridge. However, he left behind a daunting treasure trove of his serious intention to create harm and havoc in Perth. In his abandoned vehicle there was a rifle, the stolen police style radio and a stick of gelignite.
Five days later Detective Sergeants John McLernon and Harry Cann saw Stewart in another stolen vehicle in an inner city street. Stewart was now in full aggression mode and had made telephoned threats against the children of Owen Leitch, John McLernon and other detectives. The detectives followed the gunman to a house in Murray Street, Perth, where he jumped from his car.
McLernon was my father and he had a pretty tough background himself. He had enlisted at the age of 20 and served four years as a sapper in the Second World War in the Australian 2/4th Field Squadron. He and his mates saw much deadly action in the New Guinea and Borneo campaigns. Many times he operated behind enemy lines. On occasion the Americans would co-opt him and for a period he was seconded to the brutal island hopping campaign in service with the US 7th fleet chasing Japanese out of the Pacific. He was decorated for valour. This was the man, one of the true Hard Men, that Stewart ill-advisedly started firing upon.
Cann and McLernon challenged Stewart, giving him a chance to throw down his arms. He opted for the hard way. He drew a pistol. As he drew down on McLernon, Cann fired and hit the gunman’s holster. McLernon then opened fire with a shotgun and wounded the tough. As the two officers closed with Stewart, he reached down and pulled a second pistol from an ankle holster and took a shot at McLernon. Undeterred, McLernon snapped down on Stewart with his 12 gauge shotgun sending the gunman to his destiny and epitaph.
An iconic photograph was published in the Perth Daily News of John McLernon with his shotgun cracked open and across his shoulders as he laconically made his way from the battleground. His hat was tilted back on his head and a cigarette dangled from a face showing exhaustion and tension. A hard man with a hard job and with equally hard men to back him in the job.
As police backtracked Stewart’s movements they located his secret base in the rough bushland of Perth’s hills at Serpentine on the South Eastern outskirts. A luxury Jaguar car was hidden in the trees under a tarpaulin and a caravan at the site was covered with camouflage material and branches. Suitcases of stolen goods and money was uncovered as well as an underground armoury which had been booby-trapped. Cake tins had been loaded up with explosives. There were trip wires and traps all around and a large cache of explosives.
Yet here were the coppers of the day, hats on as always, hanging around with curiosity and disdain for their personal safety as they looked over the shoulders of the bomb squad, still smoking the inevitable cigarette. They had no fear.
John McLernon fought against totally dedicated and skilled Japanese soldiers intent on killing him head on with anything to hand, bayonet, bomb or bullet. He was cited for valour.
Stewart knew what he was up against and went out to a certain doom, armed and up front.
Hancock, on the other hand, was sly and weak, allegedly shooting an unarmed man in the back at night at a bush campfire, using a sniper’s rifle. He and his ilk are the scourge of honour, yet he was given the hero’s funeral by his fawning colleagues under the false flag of being the Last of the Hard Men.
No, it was the John McLernon’s, the Harry Cann’s and the Frank Scott’s who were the tough, dauntless hard men who kept the peace and the law in the manner of Men of Honour. We seem to have forgotten them and the many men and women in the Police Force today who do their job with honesty and ethics, for they still exist.
“THE LAST OF THE HARD MEN!”
The Fifth Estate I
The Fifth Estate-The Sequel-If the Hat Fits, Wear It,
The Fifth Estate Book III -Every Bit of the circle is Bent by TerranceJ McLernon
“THE LAST OF THE HARD MEN!”
FRANK SCOTT IS UNDENIABLY a brave man. Anyone who stands up and speaks out against corruption in our community knowing that he will become a target both literally and physically qualifies as a hero in my view. Such a man is Frank Scott, who emerged in the mid nineties as a whistleblower who had had a gutful of bent coppers during his stint in the CIB. As with earlier honest jacks who had raised the flag for honesty, he was berated, impugned, marginalized, threatened and forced from the job. As with Frank “Spike” Daniels who had blown the whistle a decade earlier, they were forced into early retirement by the oft used subterfuge of fake psychiatric reports which, naturally, led to the trumpeted conclusion by their bent colleagues to ingenuous reporters: “Bloody mad as a cut snake!”
But neither of the two brave Franks were mad. They were bold and they were honest and they paid the price of undercutting the Fifth Estate and its necessary support staff in the ranks of the WA Police Force. Years of harassment of Frank Scott have made him a stronger man although there were periods of dark and desperate despair. But Frank Scott fought on, eventually documenting his earlier days at the coal face which is related later here in this book. At this moment time has advanced to the infamous Mickelberg reversals when bent cop and belated whistleblower, Tony Lewanadowski, finally admitted on oath that he and other cops had lied and fabricated evidence to convict the Mickelberg brothers over the Great Mint Swindle. On 12 June 2002, in reaction to the affidavit of Lewandowski which had been dropped into the public mire by Attorney General Jim McGinty a few days earlier, Frank spoke to Luke Morfesse of the West Australian newspaper. It was quite astonishing really, having an ex-cop verify the basic essentials of policing in Western Australia. The investigative skills, according to Frank Scott, included bashing, fabrication and intensive research in the saloon bar of the Great Western Hotel. Frank told Morfesse that as a detective sergeant in the much vaunted CIB, he was routinely involved in bashing suspects. Keep in mind, in this Fair State a bashing is what is described in other “civilized” communities as “torture”.
Frank Scott told the newspaper that during his ten-year-stint he was taught the art and craft of bashing and fabrication by his ‘superiors’.
“I was taught that way and so I didn’t think there was anything wrong with it. Everybody did it,” he said. “I didn’t see it as being corrupt because there was no financial benefit, you were simply doing your job, which was to catch crooks. “Half the time, because of the restrictions on admissibility of evidence, a jury didn’t know what police knew. But if the jury was able to get the same information as police had then they would have come to the same conclusion.” The one-time police whistleblower is comfortable with his claims, because what he calls an investigative tool never involved verballing or giving a hiding to anyone who he believed was innocent. “It didn’t happen on a regular basis and it would never have happened, say, in the fraud squad with a white collar crook,” he said. “It really only happened with hardened crims because it was the only language they understood. That was how the game was played.” Back when the CIB was based at police headquarters in Adelaide Terrace, the game also involved spiriting away suspects to suburban CIB offices such as Belmont.
“It was not uncommon to take someone to a suburban CIB to do the interview where you could give them a hiding without everyone around the place hearing the interview,” Mr Scott said. He claims that in the 1980s it was not uncommon for the verballed confessions of suspects obtained by some of his former CIB colleagues to be used as evidence in trials, as was the case with the Mickelbergs. “Some of those blokes could solve any crime in Perth almost without leaving the saloon bar of the Great Western Hotel,” he said. “They obviously knew the person did it but they were just too lazy to do the ground work to provide proper evidence to get a conviction. Some of those blokes could solve any crime in Perth almost without their beer getting warm.” Seems like a job made in heaven.
In the following year when the Royal Commission into police corruption was wandering around with the fairies, Frank had written to the Chief Investigator, Mario Da Re, offering his specialised knowledge to assist the inquiry. “Some time ago now, I told you that I had prepared an affidavit which was going to be tabled in Parliament. This affidavit relates to a series of allegations made by Michael Murphy. One of his allegations was that the DPP improperly failed to prosecute Murphy’s business associates in stealing $30 Million worth of gold from his gold tenement. “He also alleged that Roger Bryer and a person called Waller were somehow involved with the mint swindle and his views on this matter were tabled in Parliament by John Fischer in an affidavit. My affidavit supports the fact that Roger Bryer was allegedly involved in laundering gold bullion. It was not tabled in Parliament and may be of some use to you as intelligence. I have attached the contents for your information.” His affidavit was a bit of a mind blower, coming in on top of the Lewandowski revelations.
I am a former Police Officer who served in the Western Australian Police Service for a period of twenty two years including ten years in the Criminal Investigation Branch and five years in the Liquor and Gaming Brach. I was involuntarily discharged from the Western Australian Police Service on 20 April 1993, after I had provided the Officer in Charge of the Police Internal Affairs Unit, Superintendent Ayton, with information regarding the conduct of several high ranking officers which I considered to be corrupt. One of the Officers I refer to in the above paragraph was the Officer in Charge of the Criminal Investigation Branch, Detective Chief Superintendent Donald Hancock. A comprehensive submission of my allegations of corruption by some senior police officers has been forwarded to the Royal Commission investigating Police corruption. During the early part of my Police service in the Criminal Investigation Branch, I was acquainted with a person known to me as Roger Bryer of the El Trovadore. At that time it was Police Departmental Policy to prohibit junior police officers from frequenting the Il Trovadore Club and other illegal gaming houses in the Northbridge area.
In 1979, my acquaintance with Mr Bryer was rekindled during the Miss Universe Pageant where I was a member of the police security team and Mr Bryer was a sponsor of one of the contestants. I had further and regular contact with Mr Bryer when I was transferred to the C.I.B. Dealers Squad and Mr Bryer was the proprietor of a gold bullion and second hand jewellery store called the Great West Gold Exchange situated then on the corner of Hay and William Street, Perth. I became a regular visitor to the premises during my term as a detective in the Dealers Squad and became friendly with Mr Bryer. I was transferred from the Dealers Squad to the Drug Squad in 1980.
On 2 December 1984, I was transferred to the Central Police Station in uniform branch and during routine patrols, I noticed that the Great West Gold exchange had moved its business premises to William Street, near the intersection of Brisbane Street, Northbridge. I again renewed my acquaintance with Mr Bryer in early 1995 and visited him occasionally during my patrols. During one such visit, I informed Mr Bryer that I was soon to commence my annual leave. Mr Bryer asked me if I could supervise his premises while he went on a business trip to Queensland where he was negotiating a business deal with a publicly listed company called Ariadne Limited. I took the opportunity to do so. On one day during the week whilst I was supervising the premises, a staff member drew my attention to a male person attending the business premises with a significant quantity of gold to sell. The staff member informed me that this same person had frequented the premises on about six previous occasions and had sold similar amounts of gold.
On each occasion this gold was in excess of 99% pure and she suspected it to be gold bullion melted down. The male person informed the staff member that he would return within a fortnight with two kilograms of gold of the same quality. I was told this person gave the name of Tony Carbone who I subsequently learned was an associate of John Asciak, Geoffrey Barlow and Brian Chambers, all of them being known drug traffickers. After Carbone left the premises, I examined the gold he had sold to the Great West Gold Exchange, and the register recording the past sales of gold so that I could note the previous times Carbone had sold gold bullion to the Great West Gold Exchange. I wrote down the times, dates, quantity of gold, the amount paid in exchange for the gold and also the assay results and amount paid by the Perth Mint to the Great West Gold Exchange. At the time when I took these notes, I asked the staff member to keep my inquiry confidential from Mr Bryer as I intended to have a covert investigation carried out to ascertain the origin of the gold. I strongly suspected that this gold might have been stolen from the Perth Mint some years previously.
I then contacted Detective Inspector William Round who was a personal friend of mine and was also the second in charge of the Task Force investigating the Perth Mint swindle. I advised Detective Inspector Round what had occurred and requested that he place Carbone under Police surveillance so that evidence could be gleaned regarding the suspected gold and the antecedent details obtained of Carbone’s movements. On the following day, I was contacted by Sergeant Peter Grant who called me from Kalgoorlie and advised me that he had just been transferred to the Gold Stealing Staff and that Detective Chief Superintendent Don Hancock had authorised him to return to Perth to conduct an investigation into the information I had supplied to Detective Inspector Round. I was extremely surprised that Hancock knew about this investigation as I had expected Round to only advise the surveillance team.
A day of so later Grant attended at my private residence and I reiterated to him the importance of confidentiality as I was investigating a client of the Great Western Gold Exchange without the proprietor’s knowledge and I needed to protect my informant. I informed Sergeant Grant that I had made arrangements with the staff member to contact me and advise me when Carbone was to return to the Great Western Gold Exchange, to sell the two kilos of gold. Some two weeks later the staff member called me at home to advise that Carbone had been in touch and stated that he would be in the following morning with the gold. I immediately contacted Sergeant Grant and asked him to alert the Police Surveillance Squad in readiness for their job.
The following morning I received a telephone call from the staff member who was very agitated. When I inquired what the problem was, she told me that Mr Bryer had said he had noticed two male persons loitering and acting very suspiciously near the premises and suspected that they were preparing to rob the Great Western Gold Exchange. She then advised him that the two ‘suspects’ might in fact be police officers conducting an investigation on my behalf. Shortly later when Carbone arrived at the premises these two persons entered the shop and identified themselves as detectives and apprehended Carbone. I understand that the two detectives back at HQ then requested to view the Register and compared the dates that Carbone had previously attended at the premises with the times, dates and details that I had already provided Sergeant Grant. I also understand that Carbone was taken away for questioning and his vehicle and premises were searched. I cannot recall if any charges were preferred against Carbone but in later discussions with Sergeant Grant, I was advised that no gold had been recovered. I am unaware if the two detectives took possession of, or if they photocopied the register but these details should be contained in the relevant police file recording this incident.
I have always considered that this investigation was purposely carried out in a deliberately incompetent manner with a view to compromise the investigation so that the truth and origin of this gold would never be established. In May 2004, Frank continued his account of bizarre police conduct in another affidavit including the extraordinary response to his allegations of corruption when he was appointed to investigate his own investigation and to report the outcome to one of the senior officers he had accused! During my police career, I was appointed as a probationary detective on 2 December 1974, and was promoted through the ranks of the Criminal Investigation Branch, where I worked for 10 years, reaching the rank of detective sergeant. Whilst in the CIB I worked in various squads including Midland C.I.B., motor squad, combined operations, dealers’ squad, drug squad, general crime squad and fraud squad. I was transferred to the uniform branch on 2nd December 1984 after being charged with a disciplinary offence. I remained in the uniform branch until May 1987 when I was transferred to the liquor and gaming branch. In December 1991, I went on sick leave after reporting alleged corrupt or improper conduct by Detective Chief Superintendent Don Hancock and Chief Superintendent Les McMillan to the head of the Police Internal Affairs Branch, Superintendent Ayton, who then instructed me to investigate my own allegations and report my findings to Chief Superintendent McMillan. I was discharged from the police service on medical grounds in April 1993 at the rank of First Class Sergeant.
Whilst a serving member of the CIB, I was promoted to the rank of detective sergeant on 1 April 1982 and was transferred in that capacity to the general crime squad. One of my first tasks in that squad was to investigate the theft of about $50,000 in unsigned travellers cheques from the ANZ bank situated at the intersections of Hay and Barrack Streets, Perth. My inquiries lead to the arrest of David Christopher Mills who was charged and convicted with the theft of the traveller’s cheques and received an eighteen month prison sentence. After he had been charged, I gleaned further evidence which strongly indicated that he had committed a similar offence in Sydney involving a large amount of unsigned travellers cheques. Soon after I was seconded to a task force to investigate the murder of a Mandurah woman whose skeletal remains were found in bushlands near Pinjarra. The Perth Mint swindle occurred at about the same time but I did not work on any investigation into that offence. In June 1983, I was transferred to the CIB Bank Fraud Section where detective sergeant Bill Round was the officer in charge. Bill and I became close friends and have remained that way until recently. In about June or July of 1983, David Christopher Mills was due to be released from prison and I strongly suspected that he had the travellers’ cheques stolen from Sydney hidden in a bank safety deposit box under an assumed name. I approached senior sergeant John Horton, the officer in charge of the Scientific Bureau and asked him if he could install a phone tap for me to assist my endeavours in locating the stolen travellers cheques. Strictly speaking, the phone tap was illegal, but in those days it was commonly used as an investigative tool and I considered I had reasonable grounds for using such a method in assisting my investigation. Horton told me that he could not do any more phone taps as he had received strict instructions from John Porter, the then Commissioner of Police, not to install any further telephone taps, because they had nearly been caught out installing a telephone intercept on the Mickelberg’s phone.
I continued my investigations and a provisional warrant was issued for the arrest of Mills after he was released from prison. He challenged the extradition process and lawyer, Kate O’Brien represented him in his appeal. He was unsuccessful and was eventually extradited to NSW. Sometime while I was preparing my evidence for the committal hearing in Sydney, I had a conversation with Bill Round where I told Bill what Horton had said to me about the Mickelberg’s phone being tapped. Bill expanded on what Horton had told me. He said that the technicians in the Scientific Branch possessed a red VW kombi van similar to the vans used by the “PMG”, the phone company at the time. During the installation of the telephone intercept at the closest junction box, one of the brothers had walked past and wanted to know what the technicians were doing. I don’t know what information was obtained about the Perth Mint swindle from the phone taps, but during that conversation, Bill said to me that he, and the other officers involved in the Mint investigation, knew that the Mickelbergs were guilty and that they just had to give them a little bit extra to get them over the line. Bill also told me that senior members of the police CIB hierarchy regularly installed listening devices in squad rooms so that they could glean information of corruption and misconduct which could then be used to blackmail the officers concerned
In December 1984, I was transferred from the CIB fraud squad and did not have much contact with Bill until about July 1987 when the Police Minister had received information regarding the alleged corrupt activities of Colin Pace who was the senior sergeant in charge of the fraud squad when Bill and I worked together in the cheque section. An investigation was carried out into the possible corrupt association between Sergeant Colin Pace and race horse trainer Bob Meyers and one of the allegations related to a dishonoured cheque presented by Bob Meyers which had been forwarded by the complainant to fraud squad for investigation. I was the officer in charge of the CIB Bank Fraud Section at that time and both Bill and I provided information to senior police investigators which could have established that there was a corrupt association between Pace and Meyers. The investigation exonerated Pace of any malfeasance and in October that year Bill and I went to Hong Kong together on a holiday. There we discussed the corrupt manner in which that investigation had been carried out.
Bill advised me that he and Alan Bickford started the West Australian Bureau of Criminal Intelligence and one of their major targets was Bruce Moms who was a member of the Mr Asia Drug Syndicate. Bill told me that they conducted illegal telephone taps and he made extracts of those intercepts which were kept at the office of BCI. Further, he said that during the illegal telephone taps, they received information which revealed that there was a corrupt association between Bruce Morris and other organised criminals with several high ranking police officers including Colin Pace. Upon returning to work, I made inquiries at BCI and located the file which Bill referred to. I photocopied some extracts which would corroborate what he told me in Hong Kong. I carried out further investigations and was able to obtain overwhelming evidence which would establish a corrupt association between Colin Pace and Bob Meyers. I reported my findings to Peter Ward, a ministerial adviser to the Police Minister as I had no trust in senior police officers. On 7 September 1995 I made my allegations of corruption by senior police officers public and the details of some of my allegations including the illegal telephone taps were published in the West Australian newspaper which resulted in the Commissioner of Police establishing a joint task force of State and Federal Police to investigate my complaints. It took some two years before the task force reported the findings of their investigation to the Minister for Police.
On or about 26 June 1996, I spoke to the then labor opposition leader, Mr. Jim McGinty and advised him that John Porter, an executive member of the Official Corruption Commission and former Commissioner of Police knew of, and condoned the installation of telephone intercepts on Mickelberg’s phone. Porter resigned from the Official Corruption Commission shortly after the leader of the opposition raised some issues which showed that the former Commissioner of Police would have a conflict of interest because of calls for a judicial inquiry into the Perth Mint swindle. Prior to being interviewed by the task force, code named “Tartan”, Bill Round allegedly told me that he would lie to the investigators about his involvement in illegal telephone taps as any admission by him would result in him being charged and the corrupt police officers who were the subject matter of the illegal telephone taps would get away with their crimes. After a discussion with Bill regarding the consequence of any admission, I was present when he drafted a letter to the Commissioner of Police seeking indemnity from prosecutions. Some time later he told me that he had been informed by the investigators attached to “Operation Tartan” that his request had been considered by John McKecknie, the then Director of Public Prosecutions and that McKecknie had refused his application for an indemnity from prosecution.
When the Labor Party won the next elections, I approached the Attorney General, Jim McGinty and provided him with a copious amount of documents which would support my allegations of police corruption and he publicly announced that he had forwarded these documents to the Royal Commission for examination. On 4 February 2003 I met with two Royal Commission investigators who told me that my specific allegations would not be examined by the Royal Commission but there was a possibility that the treatment I received at the hands of senior police officers after I had attempted to expose senior police corruption would be investigated.
Somewhat ironically, Frank concluded his extraordinary affidavit with this observation: I was extremely surprised that the Attorney general did not include my allegations in the terms of reference for the Police Royal Commission as both he and the Premier called for my allegations to be investigated when the Labor Party was in opposition. Frank made a further effort to expose and have investigated his very serious allegations when he wrote to the Anti Corruption Commission (ACC) which was now rebadged as the newly painted and refitted Corruption and Crime Commission, CCC. This time he expressed considerable dissatisfaction with the conduct of the Attorney General Jim McGinty. In response to the Corruption and Crime Commissions’ recent call for submissions dealing with the unauthorized release of confidential information by Government Agencies, I wish to lay a formal complaint alleging improper or corrupt conduct by the Attorney General, Mr. McGinty.
As you are aware, the Labor Party pledged to hold a Royal Commission into allegations of corruption within the West Australian Police Service in the lead up to the last State elections and then when it was successful in forming Government, it delayed the establishment of the Royal Commission for some twelve months. During this period of time, I had regular contact with the staff of the newly appointed Attorney General, Mr. McGinty and provided him with copious amounts of documents which supported my claims of corruption by senior police officers. I expected that the Attorney General would examine these documents when formulating some of the terms of reference to be investigated by the Royal Commission. Of particular concern to me, was the association of several high ranking police officers with members of the Mr. Asia Drug Syndicate and some of the documents which I supplied Mr. McGinty clearly showed that the West Australian police service regularly installed illegal telephone intercepts to glean information.
During some of these illegal telephone intercepts, information was obtained that the Mr. Asia Drug Syndicate was laundering large sums of money through the Perth racing industry and was assisted in this criminal activity by some police officers attached to the CIB consorting squad who received corrupt payments. When in opposition, both Mr. McGinty and Dr. Gallop were very critical that the Government had failed to establish a Judicial Investigation into allegations of police corruption after the Tomlinson Report was tabled in Parliament, and on or about 26 June 1996, I telephoned Mr. McGinty and advised him that the Commissioner of Police had condoned the installation of an illegal telephone intercept on the Mickelberg’s telephone.Despite the fact that he knew in June 1996 that the Police Service had acted corruptly in the manner in which evidence was obtained to convict the Mickelberg brothers of the Perth Mint swindle, he failed to refer this matter to be investigated by the Royal Commission. Furthermore, when Tony Lewandowski, a member of the police investigation team that charged the Mickeberg brothers confessed that he and Don Hancock had assaulted and fabricated evidence against one of the brothers to sustain a conviction, the Attorney General immediately showed the affidavit prepared by Lewandowski to his ministerial colleague and former Assistant Commissioner of Police, Bob Kucera who is one of the officers who is suspected of committing perjury during the many appeals by the Mickelberg brothers’ against their conviction. My specific complaint against the Attorney general is that by showing that affidavit to Kucera, when he was fully aware that some police had acted corruptly and that Kucera was one of the officers suspected of committing perjury, he had compromised any further investigation and maybe guilty of attempting to pervert the course of justice. I understand that he and Mr. Kucera are close friends and are now related through marriage and this may be the reason why this investigation was thwarted.
I am also concerned that the Attorney General may have colluded with Kucera in a similar fashion when dealing with the documentary evidence which I bought before him and therefore the manner in which the Terms of Reference for the Police Royal Commission were selected could also be perceived as being corrupt. I have attached two sworn affidavits which I have prepared in relation to this matter and I have also included correspondence between myself, Mr McGinty, Mr Kucera and the shadow Police spokesman for your examination. I feel this matter should be investigated by the Corruption and Crime Commission and I look forward to being advised the results of such investigation. Fortunately Frank didn’t hold his breath awaiting an outcome as he became more and more marginalized by the Fifth Estate. By now he was pretty much in the state of agitation that he was accused of by his corrupt ‘colleagues’ in the CIB being Mad as a Cut Snake!
AFTER spending more than a decade behind bars for the murder of a Perth jeweller, Andrew Mallard last night walked from prison a free man.
The 42-year-old was released from maximum security Casuarina Prison after prosecutors withdrew a murder charge against him yesterday afternoon.A calm, smiling and relieved Mr Mallard emerged from prison flanked by family and supporters, eager to head home in a limousine ordered for the occasion.
"I just want a good night's sleep, free from officers jeering in the port and keys jangling and all that sort of thing," he said.
"I have been preparing for this for some time - nearly 12 years actually."
Outraged at an assertion in the West Australian Supreme Court that he remained the prime suspect in the 1994 murder of Pamela Lawrence, Mr Mallard's sister Jackie accused police of conducting an inept investigation, claiming evidence was presented three years ago that should have set her brother free.
"The police should now do their job properly, as they should have in the first place, and find out who really did this," she said.
Two appeals failed before Mr Mallard's conviction was quashed by the High Court in November. He was due to face trial later this year, but at a hastily convened sitting of the Supreme Court yesterday, Director of Public Prosecutions Robert Cock QC withdrew the prosecution.
Lawrence, a 45-year-old mother of two, was found dying in a pool of blood in her jewellery shop in the western suburb of Mosman Park on May 23, 1994.
The High Court ruled Mr Mallard's conviction after a 10-day Supreme Court trial in 1995 was a miscarriage of justice because the prosecution failed to disclose, or had suppressed, important evidence.
Mr Cock said the reason for withdrawing the prosecution related to the admissibility of alleged confessions made by Mr Mallard during several interrogations - including an eight-hour unrecorded interview - in 1994. Mr Cock said because of retrospective 1996 laws at least some of the police interviews should have been recorded on video.
The court was told Mr Mallard - an itinerant suffering bipolar disease - alleged he had been induced to do one of the interviews, was assaulted, verbally intimidated and fed detailed information about the case; allegations denied by police.
Mr Cock said Mr Mallard's alleged confessions were complex and there were other obvious difficulties with the case, including no forensic evidence linking him to the murder. "It does not leave us with a case upon which there is a reasonable prospect of obtaining a conviction," he said.
He said Mr Mallard remained the prime suspect, promising the prosecution would be pursued if further evidence came to hand.
Deputy Police Commissioner Chris Dawson stood by the investigators. "There is no information which suggests that these officers acted corruptly or maliciously," he said. There were no plans to reopen the investigation.
`I thought the system was out to get at me' By COLLEEN EGAN
ANDREW Mallard has spoken up about the 12 years he spent behind bars for a murder he says he did not commit.
Mr Mallard, who was released from prison this week after a charge of wilfully murdering Mosman Park jeweller Pamela Lawrence was dropped, wept with relief and sadness as he spoke of his time in jail.
Now 43, he says he was under a lot of stress at the time of the 1994 murder, with mental-health problems and rampant marijuana use that made him act suspiciously and left him vulnerable to police manipulation.
Born in England, Mr Mallard was an extraordinarily tall teenager, with low self-esteem. He joined the army as a young man to impress his father, a long-time soldier with British forces, but hated the regimented life and was discharged with a sleeping disorder.
He slipped into a deep depression, exacerbated by heavy marijuana use. In a feeble attempt to escape Perth, he went to Kalgoorlie where he was caught stealing a motorcycle.
He spent two weeks in prison; the only time he served before the Lawrence murder.
After short stints in the eastern states and Britain, he had a nervous breakdown and went to live with his parents. He stopped smoking marijuana and spent a year under the care of a clinical psychologist.
But he moved back to Perth and before long started smoking pot again.
"I kept on going to job interviews and getting rejected," he said. "All my money was going on marijuana. It all went downhill. My flatmates asked me to move and I had nowhere to go."
In the month before the murder, Mr Mallard racked up a criminal record for petty theft and dishonesty.
He attached himself to a girl who lived in Mosman Park, around the corner from Lawrence's jewellery shop, and scored marijuana for her in exchange for a place to sleep.
In a condition that was later diagnosed as manic-phase bipolarity, Mr Mallard claimed his name was "Andre" and he was working undercover for Interpol.
"I was always trying to impress people by exaggerating or giving a false name," he said. "I wasn't in a fantasy world. I knew what was real. But I didn't want to deal with the reality that I was on the street, I had no money and I felt like a failure. I was trying to impress people and get them to like me."
Mr Mallard said the crime that brought him to the attention of police, for which he was in the lock-up the morning of the murder, was part of this cycle.
He pretended to be a drug squad detective and kicked in the door of the woman's former boyfriend's flat.
It resulted in him being assessed at Graylands Psychiatric Hospital, where detectives visited him about a week after the murder. As one of 136 suspects, he gave several alibis, but they all turned out to be things he'd done on different days.
Before long he was out of Graylands and straight into a police interview room, where a video-record button was never pressed. But detectives later claimed he confessed.
"I was just freaking out," he said. "I tried everything I could to convince them I was innocent and to answer every question. The detective said, `I know you're a cold-blooded killer'.
"He brought a photograph of Mrs Lawrence's bloody head and shoved it in my face. I felt awful, horrible. I can't comprehend how someone could do that to someone else."
The detective has denied showing the photograph.
Mr Mallard was released into the night and, unbeknown to him, befriended by an undercover cop. He didn't even think to get a lawyer.
"I was trying to survive with no food or money," he said. "I was thinking, `I'm a man. I can handle this'."
Brought in a second time, Mr Mallard did a short video interview "to clear my name" and thought the ordeal was over until a detective re-entered the room. "He said, `We think you did it. You're sick and you're blocking it out of your mind. You need help', " Mr Mallard said.
He was given a Legal Aid lawyer who had never worked on a murder trial. He asked for a QC, but the judge refused. He was convicted and sentenced to life in jail.
Mr Mallard coped with prison by drifting into a fantasy world where he believed he was the victim of a vast conspiracy. He gained a reputation for being mad, which he believes stopped him being picked on.
"I was frightened of being raped, of being killed," he said. "I just kept my head down and was polite. I didn't talk to anyone.
"By the time my appeals failed I believed I was a scapegoat for a huge organised crime conspiracy and that Casuarina Prison was a huge facility for brainwashing innocent people. I believed they were trying to brainwash me into believing I was a killer.
"I thought my cell was fitted with a camera and microphones, and that while I was asleep they would whisper in my ear to convince me I was guilty. I would point to the ceiling and say, `You won't get me, you bastards'. It made me look like a real nutter."
Mr Mallard was known for standing all day behind a solitary tree in the middle of the exercise yard and spending endless hours on intricate Celtic art. Records show he was disciplined for cutting the Ministry of Justice logo out of his towels "because he was innocent".
He said he was beaten up once and threatened with death at knifepoint.
"I believed that was part of the conspiracy as well, so I just told them to go ahead and do their worst," he said. "In hindsight that probably helped with my reputation, too."
Mr Mallard's deep paranoia led him to cancel visits with his family because he believed they were being threatened and manipulated by corrupt police. In early 1998, his beloved father died of cancer, but he thought the news was part of the conspiracy.
He did not go to the funeral and for the next two years continued writing to his father in the belief he was not dead.
NEXT WEEK: How Andrew Mallard and a support team fought to reopen his case.
. Colleen Egan has been investigating the Mallard case since 1998. During those years she has been a supporter of Mr Mallard's family and his legal team.
Innocent victims hit back By JOHN FLINT - 26feb06
THE year Andrew Mallard was born, John Button was escorted in handcuffs to the hellhole that was Fremantle Jail to begin his stretch for killing his girlfriend.
He was innocent of the crime, but it took 40 tortured years to remove the stain.
On Friday, he was back at the old jail – he now has a lifetime free pass to the tourism attraction – to pose for today's front-page picture.
But there is more connecting the men in the picture than their notoriety as victims of miscarriages of justice who, between them, did 32 years' hard time.
Mr Button, 62, played an active part in Mr Mallard's campaign for innocence, even travelling to the UK, Mr Mallard's birthplace, to lobby British MPs.
He was in court on Monday to hear Department of Public Prosecutions head Robert Cock announce there would be no retrial for Mr Mallard, meaning he was a free man after nearly 12 years behind bars.
One of the first phone calls to congratulate Mr Mallard, 43, came from Peter Mickelberg, who with brother Ray knows a thing or two about fighting the system.
Led by Mr Button, all four men are keen to assist in the creation of WA's first Innocence Project.
Innocence projects exist in every state of the US and in other countries, and some Australian states, but not here. They are community groups made up of lawyers, journalists and other outraged citizens who provide assistance to prison inmates who have strong claims of wrongful conviction.
Mr Button has been burning the midnight oil to get the project off the ground. He has been working closely with award-winning journalist Estelle Blackburn, whose book Broken Lives played a major part in exposing the miscarriage of justice in his case and that of Darryl Beamish.
He said journalist Brett Christian, who revealed flaws in the Rory Christie case, and Robin Napper, of the University of WA's Centre for Forensic Science, had shown interest in getting on board.
Mr Button said: "I have got grandchildren and I want to make this world a better place for them. I spend my days now working on this (project) and going into schools on a regular basis talking to kids about the justice system.
"I have stressed the point that they are the up-and-coming generation. They are the ones who are going to fix it. We can't hold our breath waiting for the people in power now to do it."
Mr Button said the demand from schools was unbelievable.
"I have got bookings for the next few years, from Esperance to Karratha," he said.
AN ocean dip ranks among Andrew Mallard's top priorities after 12 years behind bars for the murder of a Perth jeweller.
But in 40C heat in the coastal town of Mandurah yesterday, Mr Mallard was too busy to indulge in the simple pleasure and had to settle for dangling his feet in the river estuary south of Perth.
Unexpectedly released from maximum-security Casuarina jail on Monday after prosecutors withdrew a murder charge, Mr Mallard - who was awaiting a retrial after his conviction was quashed by the High Court in November - vowed he would not rest until the case was solved.
"The family of the victim need proper closure - they need to know that I am innocent and get this perpetrator behind bars," the 43-year-old said. "(But) I have learnt to be patient."
Mr Mallard told The Australian he was angry Director of Public Prosecutions Robert Cock QC had maintained he was still the prime suspect for the brutal bashing death of Pamela Lawrence in 1994. "I expected something like this and I expected them to try and still keep it pinned on me," he said.
But Mr Mallard's defence lawyer, Malcolm McCusker QC, was less diplomatic, labelling Mr Cock's statement "quite extraordinary" and beyond the proper function of the DPP. "It really was contemptuous disregard for the fundamental principle of justice, that a person is presumed innocent until proven guilty after a fair trial," Mr McCusker said. "They have by this statement blackened this man's name."
Mr Cock yesterday said he was duty bound to disclose to the court and the accused the intention of the DPP to prosecute Mr Mallard in the future if additional evidence was available.
"I entirely agree that this is a most unsatisfactory set of events," Mr Cock said. "It is fully unacceptable that Mr Mallard has had to remain in custody for so long in circumstances under which he is now released."
State Attorney-General Jim McGinty yesterday conceded the case had revealed an "untidy and unfortunate" series of events, saying it was up to the state's corruption watchdog to continue its investigations into the handling of the police inquiries and prosecution.
"Nobody can feel satisfied with the way in which the Mallard case has unfolded," Mr McGinty said. "It was an horrendous murder. Nobody has been brought to justice for it and now we have got allegations of improper or corrupt behaviour by police and DPP prosecutors.
"I think there is no doubt that this particular case casts a shadow over the way in which the police conducted the investigation and perhaps the way in which the DPP prosecuted this case." Mr McGinty urged police to vigorously investigate any further information that became available.
Police Deputy Commissioner Chris Dawson was quick to defend his officers yesterday, saying it was important the case did not become a measure of police competence in homicide investigations. Contradicting his statement on Monday evening that police had no intention of re-opening the case, Mr Dawson said unsolved murder cases were never closed.
Posted Sun May 3, 2009 9:00am AEST
Updated Sun May 3, 2009 9:48am AEST
Shadow Attorney General John Quigley says he hopes the Western Australian Government can learn from the mistakes of its predecessor when determining how much compensation to pay Andrew Mallard.
The Government is expected to announce soon how much compensation it will pay Mr Mallard for his wrongful imprisonment over the 1994 murder of Pamela Lawrence.
Mr Quigley says Mr Mallard has been advised by senior counsel not to settle for compensation of less than $7.5 million.
Mr Quigley says if the Government does not make a reasonable offer, Mr Mallard could also seek compensation from the Police Union like Ray and Peter Mickelberg.
In January last year, the Labor State Government awarded Ray and Peter Mickelberg a joint ex gratia payment of $1 million for their wrongful convictions for the 1982 Perth Mint Swindle.
Now, after a long-running legal dispute, the Police Union has also agreed to compensate them.
Mr Quigley, who is a supporter of Mr Mallard and a former police union lawyer, says if the Government does not give Mr Mallard a decent payout, there could be a similar outcome.
He hopes the Government has learnt from the mistakes of its predecessor.
"If they once again short change Mr Mallard, he will use what money he does get to pursue the police," he said.
"If they don't fully compensate Andrew Mallard and only give him sufficient funds to settle against the State, he'll be then left suing the police and it's all the young, honest, hard working officers of today who'll be left carrying the burden."
Todd Cardy, court reporter June 20, 2009 03:00pm
The Western Australian Government has offered a man wrongfully convicted of murdering a Perth woman a multi-million dollar ex-gratia payment.
Andrew Mallard spent more than a decade behind bars for the 1994 murder of Mosman Park jeweller Pamela Lawrence. His conviction was later overturned.
The state's Attorney-General, Christian Porter, today announced Mr Mallard has been offered $3.25 million as what he describes as a 'gift' from the Government.
The offer is the largest in the state's history and comes after months of negotiations.
Mr Porter says it is up to Mr Mallard to accept the money, but if he does, that figure will be deducted from any other settlement he may reach in the courts.
"What path Mr Mallard chooses from here is entirely his own choice, and what we have done from here does not limit his choices in any way or form," he said.
He says the sum offered is a life-changing amount of money and Mr Mallard might never have to work again.
The Premier, Colin Barnett, has described it as a historic offer, and is urging Mr Mallard's friends and supporters, including the Shadow Attorney-General John Quigley, to accept the deal.
Mr Quigley says the amount offered is grossly insufficient and Mr Mallard will continue with legal action against those involved in his wrongful conviction.
"I don't think there's anyone in the community that would accept $3.25 million as fair compensation for being snatched off the street today, jailed for 12 and a half years and have their whole life destroyed," Mr Quigley said.
Mr Mallard says he's disappointed by the offer.
"This is a very, very delicate situation and and I will be conferring with my lawyers," he said.
Last year, Ray and Peter Mickelberg were awarded more than $1 million for their wrongful conviction over the 1982 Perth Mint swindle.
Strange Australian Justice for the well connected
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"...when we first sat down, we said, 'We're either going to sell our stations to you for $400 million, or you're going to sell your stations to us.' And he said, 'Well, I don't really want to sell my stations.' And I said, 'Oh, is that right?' So, anyway, after much discussion, Kerry thumped the table and said, 'Listen, if you can pay me $1 billion, I'll sell them to you, otherwise bugger off...' then I rang the National Australia Bank. I said, 'Look, I'm in discussions here to buy these television stations. Kerry will sell to me, and what I want to do is put our stations together and then, with Sky Channel, I'm going to float it off as a separate entity and raise the capital to pay for it... [Packer] said $1 billion [was his asking price], but I think I'll get it for $800 million...' [The bank manager] duly rang back and said yes. I said, 'Thank God. I'll go and have some further negotiations with Kerry,' which I did. And true to his word, he never budged one penny off it. So I settled the deal with $800 million and a $200 million note. So he put his own $200 million in. So I had $1 billion. And we put our other two stations up as collateral, which were worth probably $400 million."[5]
http://music.msn.com/music/article.aspx?news=419208>1=28102
LOS ANGELES (AP) -- Michael Jackson's longtime attorney and a family friend should take over the pop singer's estate, a judge said Monday.
Los Angeles Superior Court Judge Mitchell Beckloff issued his ruling after a court hearing Monday morning. Attorney John Branca and music executive John McClain had been designated in Jackson's 2002 will as the people he wanted to administer his estate.
Jackson died June 25, deeply in debt. But a court filing estimates that his estate will be worth more than $500 million. The singer's mother, Katherine Jackson, had applied to oversee her son's estate, but that was before the will surfaced. Her attorney, Burt Levitch, expressed concerns about McClain and Branca's financial leadership. Levitch told Beckloff that Branca had previously been removed from financial positions of authority by Jackson. Branca's attorney says he was rehired by Jackson on June 17, days before Jackson's death. Katherine Jackson did not appear at Monday's hearing. Branca did attend. Related: Jackson and mother Katherine had unbreakable bond Branca and McClain will have to post a $1 million bond on the estate, Beckloff ruled.
Farzin Abdi, Kazemi's nephew, didn't know what day of the week the gun was purchased or what type of gun it was.
Nashville police didn't immediately have a reaction to the Abdi's comments.
"There was no way she was depressed and wanting to do this," Abdi said. "She was so happy. ... She just had it made, you know, (with) this guy taking care of everything."
Abdi said Kazemi believed McNair was divorcing his wife and she was preparing to sell her furniture to move in with him.
Shot twice in the head and two more times in the chest, McNair was the victim of a homicide, police declared Sunday. But authorities wouldn't say it was a murder-suicide — even with Kazemi dead at his feet from a single bullet.
McNair had been dating Saleh Kazemi for several months, and Nashville police spokesman Don Aaron said Sunday that a semiautomatic pistol was found under her body. She was shot in the head.
McNair, who was married with four sons, had a permit to carry a handgun in Tennessee, and he was arrested once before with a 9mm weapon although charges in the case were dropped. Police said they had not yet determined who owned the gun found at the scene.
Investigators weren't looking for a suspect but were questioning friends of the couple as well as Kazemi's ex-boyfriend. They were also waiting for results of drug and other laboratory tests before deciding whether McNair was killed in a lovers' quarrel.
"That's a very important part of the investigation as we work to ultimately classify Miss Kazemi's death," Aaron said. A public memorial and viewings are scheduled later this week for McNair. The public will have a couple of opportunities to attend viewings in Nashville on Thursday and a memorial will be held later that evening at Mount Zion Baptist Church. A funeral will be held Saturday in Mississippi but arrangements are not yet final. Fans are asked to make donations to the Steve McNair Foundation. The details surfacing after McNair's death stand in stark contrast to the public persona he enjoyed during his career. McNair repeatedly played through serious injuries and pain to win, though he came up a yard short of forcing overtime on the Tennessee Titans' famous drive to lose the 2000 Super Bowl. Generous, he frequently took part in charity work for both the Titans and later the Baltimore Ravens after a 2006 trade. McNair even helped load donated food, water and clothes onto tractor-trailers that he had arranged for Hurricane Katrina victims, and paid for three football camps for children himself this year. McNair and Kazemi were found dead at a Nashville condominium — which overlooks the Titans stadium — that he rented with his friend Wayne Neeley. Police believe both died early Saturday. Neeley found the bodies hours later, and called a friend, Robert Gaddy, who played at Alcorn State with McNair. Gaddy dialed 911. "People have certain things that they do in life," Gaddy said. "We don't need to look on the situation at this time (but) on the fact we just lost a great member of society." The quarterback's agent, Bus Cook, said he had never heard Kazemi's name until news of the shooting broke Saturday. What McNair's wife knew wasn't clear Sunday. Cook said Mechelle McNair was "in and out of it." He said she had no comment after the police called his death a homicide. "It doesn't make any sense. I don't know what to say," Cook said. Mechelle was "very upset, very distraught" Sunday, Cook said. She was preparing to finish funeral arrangements Monday. McNair split his time between Nashville and his farm in Mount Olive, Miss. He recently opened a restaurant near Tennessee State University that was aimed at serving healthy, affordable food to college students. McNair was also seen so often at Kazemi's apartment that a neighbor thought he lived there. McNair met Kazemi when his family ate often at the Dave & Buster's restaurant she worked at as a server, and the two began dating in a relationship that included a vacation with parasailing. Photos posted on TMZ.com showed McNair gazing and smiling at the young Kazemi. "She pretty obviously got mixed up way over her head with folks," said Reagan Howard, a neighbor of Kazemi's. A man who answered the door at a house in the Jacksonville, Fla., suburb of Orange Park said it was the home of Kazemi's family, but said her relatives did not want to comment. "We don't have anything to say, please leave us alone," he said. The victim's sister, Soheyla Kazemi, told the Florida Times-Union in Jacksonville that the young woman had expected McNair to get a divorce. "She said they were planning to get married." Kazemi often was dropped off by limousine in the early morning hours and recently went from driving a Kia to a 2007 Cadillac Escalade registered to both herself and McNair. Her niece told The Tennessean that Kazemi thought McNair was divorcing his wife of 12 years soon. Nashville courts had no record of a McNair divorce case, but a home he owned in Nashville is on the market for $3 million. The real estate agent declined to comment. Her online listing for property described it as a "gigantic house" of more than 14,000 square feet and photos showed a pool, home theater, baby grand piano and ornate furnishings throughout.
McNair and Kazemi were together Thursday night when she was pulled over driving that Escalade. She was arrested on a DUI charges, and he was allowed to leave in a taxi even though he was charged with drunken driving in 2007 when his brother-in-law was stopped for DUI while driving McNair's pickup truck.
McNair led the Titans to the 2000 Super Bowl, which they lost 23-16 to the St. Louis Rams despite his 87-yard drive in the final minute and 48 seconds. He was co-MVP of the NFL with Colts quarterback Peyton Manning in 2003.
Manning said in a statement Sunday that he had some great battles with the quarterback.
"Sharing the NFL MVP honor with him in 2003 was special because of what a great football player he was," Manning said. "I had the opportunity to play in a couple of Pro Bowls with him, and the time spent with him in Hawaii I'll never forget. I'll truly miss him."
The Titans drafted Vince Young in 2006 to replace McNair, who had mentored him since he was a teenager. They never played together but did play against each other that year.
"He was like a father to me. I hear his advice in my head with everything I do. Life will be very different without him," Young said in a statement Sunday.
McNair grew up in Mount Olive, Miss., and became a football star at Alcorn State, the Division I-AA school in his home state as he dominated the Southwestern Athletic Conference. He became a Heisman Trophy contender as reporters flocked to little Lorman to watch the man known as "Air McNair.
He still holds the Division I-AA (now known as Football Championship Subdivision) records for career yards passing (14,496) and total offense (16,823). McNair was drafted in 1995 by the Houston Oilers, who eventually became the Titans.
Picked four times for the Pro Bowl, McNair finished with 31,304 yards passing and 174 touchdowns. He led both the Titans and Ravens to playoff berths, including two AFC championship game appearances with Tennessee. Injuries finally led to his retirement after the 2007 season
Besides his wife, McNair is survived his sons Junior, Steven, Tyler and Trenton.
Even Fox News has started to turn on Sarah Palin. In the midst of a segment about the Alaska Governor's battle against "liberal" attacks, Liz Trotta went off-message.
Frankly, "the woman is inarticulate, undereducated," Trotta said, arguing that for once liberal criticism was "well-deserved."
"I think all the liberal stylists ... really have a case. She just begs for adjectives like flaky and wacky." When pressed, she added, "We're talking about somebody who, right from the get-go, has been a flashy person who gets into a lot of trouble and really has no credentials for any
Alaskans: Palin Had Gone Fishin' On The...
Alaskans: Palin Had Gone Fishin' On The...
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Karen Dalton-Beninato: Pleading the Fifth: The Palin Constitution Revolution
I don't know what to call it but the Convolution Party aired its brand new platform on the steps of a Land of Lincoln courthouse, some in their Glenn Beck Live Free or Die shirts.
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Read more from Huffington Post bloggers:
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Lance Armstrong and his Astana team were fined for arriving late for the pre-strage registration this morning in Marseille, France. Rules state that riders must show up 20 minutes prior to the start or face a fine of 100 Swiss Francs ($92). Sneering contempt from the Tour de France competitions director is an added bonus.
Mon Jul 06, 2009 11:01 am EDT
By Chris Chase
"Today, and as usual, the Astana team arrived late at the pre-stage registration, in contempt of the crowd, who has once again not seen Lance Armstrong," [Tour competitions director Jean-Francois] Pescheux told Reuters before the start of the third stage from Marseille to La Grande Motte.
"They don't care about the fine. We are going to ask the UCI to be tougher."
Of course they don't care about the fine. Ninety-two dollars? Lance drops more on that at breakfast. Has that amount changed since the first Tour in 1903? The last time I heard of a $92 fine I was watching The People's Court ... in 1987.
And what's with the attitude, M. Pescheux? Let's not be perpetuating stereotypes about the French. It's bad enough that Lance is reinforcing notions that Americans show up late to everything.
One of the excuses floated for that late arrival for Astana was that there was bad traffic in Marseille. The irony of showing up late to a bike race because your car was stuck in traffic is something even Pescheux should find amusing.
Update: Armstrong apologized for his tardiness on his Twitter account this afternoon,
blaming it on a visit from actor Ben Stiller.
Today show The U.S. Marshals want your help finding their "15 Most Wanted" fugitives, a notorious list of suspects fleeing everything from murder and robbery to child sex charges. To date, about 200 of the fugitives profiled on the list have been found. Tips leading to an arrest are rewarded up to $25,000. Click here to see the fugitives. Authorities were investigating whether a man who was shot and killed Monday morning by police in North Carolina may be linked to the slayings of five people in South Carolina in a week. South Carolina law enforcement officers were in Gaston County, N.C., near Charlotte, after county police shot and killed the man, who they said opened fire on them Monday morning, NBC News’ Ron Mott reported. Investigators told NBC station WCNC of Charlotte that a gray or champagne Ford Explorer was found outside the house in Gaston County, about 30 miles north of Cherokee County, S.C., where five people were found shot to death in three incidents over eight days bridging last week. Cherokee County Sheriff Bill Blanton said Monday that a gray Ford Explorer was believed to link all five of the South Carolina killings. “The physical evidence, the evidence that we have, the eyewitnesses that we have, puts the same person, we think the same vehicle, at all three locations,” Blanton said in an interview on NBC’s TODAY. Questioning three people The killings began a week ago Saturday in Cherokee County, S.C., when the wife of Kline Cash, a 63-year-old peach farmer, found her husband shot to death in their rural home. Then, on Wednesday, relatives discovered the bodies of Gena Linder Parker, 50, and her mother, Hazel Linder, 83, bound and shot to death in a separate attack at Linder’s home. Thursday, Stephen Tyler and his daughter Abby, 15, were shot as they were closing the Tyler Home Center near downtown Gaffney. He died Thursday, while Abby Tyler fought for her life for two days before dying Saturday at a hospital. Blanton said deputies were searching for a man about 6 feet 2 inches tall with salt-and-pepper hair. Hundreds of people thronged funeral services Sunday for the mother and daughter. Law enforcement officers provided security for the family and mourners. The crime spree terrorizing Cherokee County forced many people to curtail Fourth of July festivities. Celebration turns to mourning The killings alarmed many residents, and some talked of arming themselves. Investigators have released a sketch of the suspect, saying he was in his 40s and roughly 200 pounds. More on South Carolina
Video
July 6: Residents of a South Carolina town were terrorized after five people were shot to death in about a week. NBC’s Ron Mott reports from Gaffney, S.C..
July 6: Former Washington D.C. Mayor, and current D.C. Councilman Marion Barry has been arrested for allegedly stalking a female acquaintance. WRC's Darcy Spencer reports.
Gaston County police were questioning three people who were reported to have entered a house about 2:40 a.m. when they discovered that one of them had an outstanding warrant. The man, whose identity was not released, fired a single shot when officers tried to serve the warrant, injuring one of the officers in the leg. Police fired four shots, killing the man at the scene, they said.
The Herald-Journal of Spartanburg, S.C., reported that the Tylers’ minister at Cherokee Avenue Baptist Church, Clyde Thomas, urged congregants to keep the faith in the face of tragedy. The newspaper said he had a pistol in his office Saturday.
“As Christians, we don’t live by explanations. We live by promises. We live by faith, not sight,” Thomas said.
Thomas said he had originally planned to deliver a sermon titled “Happy Birthday, America” for the Fourth of July service. But instead of upbeat patriotic music, Sunday’s program was changed to add hymns reflecting a time of mourning.
“The irony is that the freedoms we have, we’re locked behind closed doors with firearms,” Thomas said. “We should be celebrating freedom, but we find ourselves very much restrained by fear.”
Blanton, the sheriff, said all the victims were shot. The shootings all occurred within about 10 miles of each other in Cherokee County, a community of 54,000 people set amid peach orchards and farms.
http://hotjobs.yahoo.com/career-experts-10_boilerplate_phrases_that_kill_resumes-97
A California mom says her public school administrators violated her daughter's First Amendment rights when they ordered the seventh-grader to take off her pro-life T-shirt.
Anna Amador has gone to court on behalf of her daughter, who she says was ordered by her principal to
change her shirt on "National Pro-Life T-Shirt Day." The shirt the girl was wearing displays two graphic pictures of a fetus growing in the womb.
The incident occurred in April 2008 at McSwain Elementary School, a K-8 school in Merced, Calif. Amador alleges in her legal complaint that school Principal Terrie Rohrer, Assistant Principal C.W. Smith and office
clerk Martha Hernandez mistreated her daughter and denied the girl her First Amendment rights when they ordered her to leave the cafeteria and change her shirt.
"Before Plaintiff could eat [breakfast] she was ordered by a school staff member to throw her food out and report immediately to Defendant Smith's office, located in the main office of McSwain Elementary School," the complaint reads.
"Upon arriving at the main office, Defendant Hernandez, intentionally and without Plaintiff's consent, grabbed Plaintiff's arm and forcibly escorted her toward Smith's office, at all times maintaining a vice-like grip on Plaintiff's arm. Hernandez only released Plaintiff's arm after physically locating her in front of Smith and Defendant Rohrer...
"Smith and Rohrer ordered Plaintiff to remove her pro-life T-shirt and instructed Plaintiff to never wear her pro-life T-shirt at McSwain Elementary School ever again...
"Completely humiliated and held out for ridicule, Plaintiff complied with Defendants' directives and removed her pro-life T-shirt, whereupon, Defendants seized and confiscated it. Defendants did not return Plaintiff's property until the end of the school day."
The school administrators dispute some of the allegations, said Anthony N. DeMaria, attorney for the McSwain Union Elementary School District.
"I think the school district has a very strong defense," DeMaria said. "The complaint does not properly characterize the events that happened. Certainly we dispute some of the events."
He said he was unable to reach the administrators to determine which parts they say are incorrect, because school is out for the summer. Rohrer, the principal, told FOXNews.com on Monday that she could not issue a statement without consulting with the school superintendent and their attorney. The other defendants and school district employees did not respond to calls and e-mails from FOXNews.com.
The school district sought to get the case thrown out due to "failure to state a cognizable claim," but a U.S. Eastern District Court judge ruled last month that all but one of Amador's claims could go forward.
The complaint quotes school district officials saying that they ordered Amador's daughter to remove the shirt because it constituted "inappropriate subject matter" in violation of the school's dress code, which bans clothing with "suggestion of tobacco, drug or alcohol use, sexual promiscuity, profanity, vulgarity, or other inappropriate subject matter."
Amador claims in the legal complaint that other students at the school have been allowed to wear expressive shirts, and she blames the school for “inconsistently applying their Dress Code based upon subjective determinations as to which messages are acceptable and which messages are not.”
One of the girl's lawyers, Mark A. Thiel, said that the images on her shirt of a fetus in the womb were same as those in her science textbooks. He said no student had complained about the shirt, and he said the girl's parents were not called when the incident took place.
"This was a young girl, not even in high school. But they didn't call," he said.
A spokeswoman for the local Planned Parenthood chapter declined to take sides in the case.
"Even offensive speech is protected as long as it doesn’t impinge upon the rights of others," said Deborah Ortiz, vice president of public affairs for Planned Parenthood Mar Monte.
"School administrators have a mission to educate, and the student’s right to political speech should be protected in balance with this education mission."
UCLA law professor and First Amendment expert Eugene Volokh said Supreme Court precedent appears to support the girl's case.
"During the Vietnam War, the Supreme Court ruled that wearing black arm bands [at school, to protest the war] was OK,” Volokh said. “If students can wear armbands in protest, why can't they wear a pro-life shirt?"
He said the case would be different if there was evidence that the shirt could have led to disruption or fighting.
"Schools have a lot more authority than the government does in regulating speech,” he said. “If someone is speaking on a street corner and it looks like other people are going to start a fight over it, the government's job is to protect the speaker. That is not the case in schools. We need to make sure students learn. So if speech is highly disruptive, well … in that case we can suppress it.
"But the school's position that they can restrict speech just because they find it inappropriate is not correct."
But the fact that it's a K-8 school with very young children could change things, said Brooklyn Law School professor William Araiza. He pointed to the 2007 Supreme Court decision in Morse v. Frederick, where the court allowed a high school to suspend students in Juneau, Alaska, who waved a banner that read “Bong hits 4 Jesus” from across the street during an Olympic torch relay, because it was seen as promoting illegal drug use.
“[The school] could almost use a “bong hits” kind of rationale about protecting students from inappropriate messages,” Araiza said. “For instance, would you allow a 4th grader to wear a gruesome picture of a bomb scene? You probably wouldn't.”
First Amendment attorney William Becker, who represents Amador, disagreed that the shirt could be seen as containing inappropriate messages.
"The message of the T-shirt is that life is sacred," he said. "One would be very hard pressed to find anything wrong with that particular idea, except that some people do object to the political message.”
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Murders leave S.C. town on edge
July 4: Fourth of July celebrations in Gaffney, S.C., took on a somber tone amid a desperate search for a killer believed to be responsible for at least five murders. NBC’s Ron Mott reports. Nightly News |
AP
This is an updated drawing of the suspected serial killer in Cherokee County, S.C., made available on Friday.
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Police fight Florida pill mills
April 30: Florida police face drug addicts and dealers from other states seeking painkillers. Watch more of Mark Potter's report. Nightly News |
Nightly News
July 5: In their own words, parents, community leaders and advocates discuss the "epidemic" of prescription drug abuse.
NBC News / Vince Genova
Sarah Shay seen before her tragic drug overdose.
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MOREHEAD, Ky. — Late in the morning last New Year's Day, Sam and Lynn Kissick received a devastating phone call that would tear their lives apart.
The caller informed them their 22-year-old daughter, Savannah, was being rushed by ambulance to the St. Claire Regional Medical Center in Morehead, Ky. She had long battled drug addiction, but it looked like this time, Savannah had overdosed on a combination of painkillers and sedatives while celebrating New Year's Eve.
After racing to the emergency room to be by Savannah's side, her parents were met by a physician with grim news. "I'm sorry, Mr. And Mrs. Kissick, but she didn't make it," he said.
Savannah had just become the latest fatality linked to prescription drug abuse, a fast-growing problem that killed more than 8,500 Americans in 2005, according to the latest available statistics from the Office of National Drug Control Policy. The U.S. Drug Enforcement Administration says nearly 7 million Americans currently abuse prescription drugs, noting that is "more than the number who are abusing cocaine, heroin, hallucinogens, ecstasy and inhalants combined." The DEA also reports that "opioid painkillers now cause more overdose deaths than cocaine and heroin combined."
"Something needs to be done, because it's killing our kids every day." said Lynn Kissick. "People need to stand up and take notice. Our kids are dying. They're dying because of these drugs."
A regional ‘epidemic’ Crowded rehabilitation clinics Savannah Kissick was one of his clients, and she had graduated from the recovery program. Her return to drug abuse and her death from an overdose shook Ross and the clinic staff members who had worked hard for her success. Florida connection
While the problem exists in every state in the country, Kentucky led the nation in the use ofprescription drugs for non-medical purposes during the last year, according to the state'sOffice of Drug Control Policy. Officials said prescription drug abuse is particularly acute in the cities and rural areas of Eastern Kentucky.
Last year alone, at least 485 people died in Kentucky from prescription drug overdoses,
according to the state's Cabinet for Health and Family Services. Medical Examiners' records indicate the drugs most commonly found in those death cases were methadone, the painkillers oxycodone and hydrocodone, alprazolam (Xanax), morphine, diazepam (Valium) and fentanyl.
"It's an epidemic and I'm afraid we're losing a whole generation," said Beth Lewis Maze, the Chief Circuit Judge for the 21st Judicial Circuit in Kentucky. "These pain medications are so highly addictive that these young people are digging themselves a very deep hole."
In the region's newly formed drug court, Maze sees the ravages of prescription drug abuse at all levels of society. "I see good kids from good families, doctors, lawyers, teachers," she said.
Greenup County Coroner Neil Wright calls prescription drug abuse "public enemy number one." Half of the 50 deaths he logged last year were drug related, and "85 to 90 percent" of those calls involved prescription pill overdoses. "It affects everybody. I don't care, rich, poor, educated or non-educated, it affects everybody."
Down the street, Greenup County Sheriff Keith Cooper dug through the many evidence bags his deputies have filled with prescription pill bottles and cash seized during drug arrests.
"We are drowning in a sea of prescription medication," said Cooper, who complained about the skyrocketing number of crimes committed by addicts searching for money to buy painkillers.
"It affects, quite literally, every kind, every type of crime that we have, the burglaries, the thefts, the accidents, the domestic disputes between families. It's breaking families up."
In neighboring Rowan County, where Savannah Kissick died, Chief Deputy Sheriff Roger Holbrook was arrested recently on federal charges that he had conspired to distribute oxycodone.
Pastor Wayne Ross runs the Shepherd’s Shelter adult drug and alcohol treatment center in Mount Sterling, Ky. His 50 available beds are filled with residents struggling to recover from drug addiction, almost all of them from prescription pill habits.
"I cried, it breaks my heart," said Ross, who officiated at Savannah's funeral. "She's not the only one. We've been directly involved with five different people who have OD'd. Three of the funerals I did, myself, as a minister. It just breaks my heart."
Kay Fultz, 36, is also from Morehead, Ky. and is currently a resident of the Shepherd’s Shelter who said that at the height of her addiction, she was taking as many as 50 oxycodone pain pills a day and was dealing drugs to support her own habit.
"It just starts out as a party drug, you know, every now and then," Fultz said. "Once you start doing it every day, I mean it just takes compete control of your life."
Finding a prescription drug supply was easy for Fultz. "It's very simple to get. It's everywhere," she said. But once addicted, the costs are severe. "I've lost everything. I've lost everything and it's so easy to do."
During a recent classroom session at his clinic, Ross asked the residents where they bought their prescription drugs. Every person in the room had either traveled to Florida to obtain the medications, or had purchased drugs from someone else who had bought prescription painkillers there.
Florida has become notorious as a destination for addicts and drug dealers from around the southeastern United States. They are drawn to the many pain clinics in Florida, some of which dispense hundreds of painkillers at a time after only a cursory medical exam.
"You can go down there and within 24 hours have everything you need," said Fultz, who added that the medical exam she was given at a Florida pain clinic, where she pretended to suffer from pain, was not at all professional.
"I mean, they look at your MRI, ask you how you are feeling — ‘I'm feeling pretty bad’ — and you leave there with pills."
Sam Kissick, Savannah’s father, believes the drugs that killed his daughter came from Florida.
"From where I'm sitting, it looks like they're handing it out like candy on Halloween," he said. "Anybody that goes down there can come back with carloads of pills, and then they're dumped out on our streets."
To addicts in Kentucky, Florida is “like the promised land,” said Cooper, the Greenup County sheriff.
Local police, federal agents and medical officials in Florida are targeting illicit prescription drug sales. The state legislature recently passed, and Gov. Charlie Crist signed, a law to regulate and monitor pain clinics, although the procedure won't be fully implemented until late next year.
Kentucky and most other states already have such monitoring laws in place, making it much more difficult for addicts and dealers to buy large amounts of prescription medication by going from clinic to clinic – a common practice in Florida.
Families left behind
Karen Shay, a dentist in Morehead, Ky., also knows too well the cost and pain of prescription drug abuse. Two years ago, her 19-year-old daughter, Sarah, died from an overdose after partying with friends, who dropped her body off at a hospital and drove away.
Sarah Shay and Savannah Kissick had been childhood friends.
"We have two young ladies that were beautiful, talented and intelligent, had the world by the tail, could have done anything and they're gone,” Shay said. “They're gone."
In her work, Shay also sees the desperation of drug addicts, some of whom have visited her office seeking pain medication for fake dental problems. Because of Kentucky's prescription monitoring law, Shay is able to run computer checks on patients she suspects of doctor-shopping for painkillers and turns many of them away.
"If [the painkillers are] taken the way they're supposed to be, it's a very powerful, helpful drug. But when they're not taken the way they're supposed to, then it becomes a killer," she said. "It's amazing when you look in the paper, how many people have died from drug abuse. "
During a recent visit to the cemetery where Sarah is interred, Shay cleared away the dying flower petals and placed a colorful pinwheel below her daughter's crypt. Looking upward to the plaque showing Sarah's name and picture, she quietly spoke the words, "Hi, Baby," then bowed her head. Sitting at their dining room table recently, Savannah's parents sorted through colorful photographs of their daughter. "She had a beautiful smile," said Lynn. In a quiet voice, Sam agreed, "That she did."
"When you lose somebody like that, it puts a hole in your heart that nothing else will ever fill," she said.
For the Kissicks, whose loss is more recent and raw, anger mingles with grief.
"It's time that people were held accountable for what's happening. I think it's time that someone was held responsible,” Lynn Kissick said.
The parents want to raise awareness about the problem so that others don’t have to endure their pain.
"The drugs, they don't discriminate and it can happen to anybody," said Sam Kissick. "You may never have any idea that your child is exploring or fooling with prescription drugs at all, until they've already gone too far with it."
Chantix, Zyban must carry depression warning
Police say the murder scenes are linked and they are searching for a man resembling this sketch.
There was "evidence in regard to the man that was shot," said Capt. Joe Ramey of the Gaston County Police Department.
He did not give specifics, and he said he could not state for certain that the suspect had a link to the serial killer case.
"We saw evidence they needed to know about," Ramey told CNN.
Gaston County is about 33 miles northeast of Gaffney, South Carolina. Police say a serial killer in the Gaffney area has killed five people since late June.
Police in Cherokee County, which includes Gaffney, had issued a basic description of the killer and said he may be driving a Ford Explorer from the early 1990s.
Video from outside the home in North Carolina on Monday showed a vehicle that seemed to match that general description.
Early Monday, in Dallas, which is part of Gaston County, police received a call about a possible burglary in progress, police said. When they entered the residence, they found two people who lived there and a third who "was an acquaintance," police said in a news release.
"A second check on the suspect individual uncovered an outstanding warrant" from nearby Lincoln County, police said. "Officers attempted to serve the outstanding warrant when the suspect pulled a gun and fired at officers. Officers returned fire killing the suspect."
One officer was shot in the leg and has been treated and released from a hospital, police said.
Jennifer Timmons of the South Carolina Law Enforcement Division told CNN there was no immediate confirmation of any link to the serial killer case. "Processing any crime scene is going to take a while," she noted.
The killer's latest victim was 15-year-old Abby Tyler, who was shot last week and died Saturday. Her father, Stephen Tyler, 48, had been pronounced dead at the scene of the shooting, in their family-run furniture and appliance store.
As residents mourned the Tylers over the weekend, they also had words of warning for the man terrorizing the community.
"If he comes to me, face to face, I'm ready, I'm loaded, and I'm aimed for him," said Sarah Banister, a neighbor of one of the killer's victims.
"I'm afraid for my life," said Robby Banister, her husband. "It's gonna be kind of like a dogfight. I'm telling you: I'm going to win."
In an interview Monday on CNN's "American Morning," Cherokee County Sheriff Bill Blanton said investigators have determined "through evidence" that the five killings are linked. Authorities are not giving details about the evidence.
"We don't have a current motive or connection between the murders," said Blanton. "With a community this small, it's very possible I knew all the victims, and it's possible that all the victims knew each other. But we don't have any information right now that links the killer to [them]."
Police released a sketch that they say is their best guess about the killer's appearance, based on witness reports. He is identified as a white male, approximately 6 feet 2 inches tall, with salt-and-pepper hair.
The vehicle he was driving may be a Ford Explorer, possibly "goldish-tan or champagne" in color, Blanton said.
"We're focusing on anything that even looks like a Ford Explorer," he said. Witnesses have said the killer appears to weigh about 250 pounds, "so we're saying probably 230 to 250," he said.
The killer apparently also "had a ball cap on," but his clothes have been different, Blanton added.
The first shooting occurred June 27, when peach farmer Kline W. Cash, 63, was killed. His wife found him dead in their home, the sheriff's office said.
Blanton said Cash's home may have been robbed.
Four days later, the bound and shot bodies of Hazel Linder, 83, and her 50-year-old daughter, Gena Linder Parker, were found in the Linders' home, where she lived alone.
Blanton said authorities are still trying to determine if anything was taken from that home.
Leave has been canceled for all members of the police department and the sheriff's department, their respective chiefs have said.
About 100 investigators from North and South Carolina are working the case, Blanton said.
Asked how the 50,000 Cherokee County residents can try to stay safe, Blanton said, "Generally it's the same information just a crime prevention officer would use. People need to check on their neighbors, especially family, loved ones that live alone or elderly that live together. Travel in at least groups of two or more. But I've noticed the community is concerned and have a right to be."
People in Cherokee County are operating "on regular schedules," businesses are open, and some schools began Monday, Blanton said. "But people are using caution. And that's what we're asking them to do. Just be cautious until we do catch this murderer."
NASHVILLE, Tenn. (AP)—Steve McNair’s(notes) 20-year-old girlfriend bought a gun a couple of days before she was found dead alongside the slain former NFL quarterback, her relative said Monday.
Farzin Abdi said police told him about the gun purchase by his aunt Sahel Kazemi, who was raised with him like a sister. Kazemi and McNair were found dead on Saturday in a Nashville condominium leased by the former Titans star.
Abdi said police told him they are almost sure Kazemi was the shooter, but the 27-year-old nephew said he doesn’t believe she would do it. Abdi didn’t know what day of the week the gun was purchased or what type of gun it was.
“There was no way she was depressed and wanting to do this,” he said. “She was so happy. … She just had it made, you know, (with) this guy taking care of everything.”
Nashville police didn’t immediately have a response to Abdi’s comments.
Abdi said Kazemi believed McNair was divorcing his wife and she was preparing to sell her furniture to move in with him.
Nashville courts had no record of a McNair divorce case, but a 14,000-square-foot home he owned in Nashville is on the market for $3 million.
Mechelle McNair has been described as very distraught about her husband’s death and has not commented on it.
NASHVILLE, Tenn. (AP)—Steve McNair’s(notes) 20-year-old girlfriend bought a gun a couple of days before she was found dead alongside the slain former NFL quarterback, her relative said Monday.
Farzin Abdi said police told him about the gun purchase by his aunt Sahel Kazemi, who was raised with him like a sister. Kazemi and McNair were found dead on Saturday in a Nashville condominium leased by the former Titans star.
Abdi said police told him they are almost sure Kazemi was the shooter, but the 27-year-old nephew said he doesn’t believe she would do it. Abdi didn’t know what day of the week the gun was purchased or what type of gun it was.
“There was no way she was depressed and wanting to do this,” he said. “She was so happy. … She just had it made, you know, (with) this guy taking care of everything.”
Nashville police didn’t immediately have a response to Abdi’s comments.
Abdi said Kazemi believed McNair was divorcing his wife and she was preparing to sell her furniture to move in with him.
Nashville courts had no record of a McNair divorce case, but a 14,000-square-foot home he owned in Nashville is on the market for $3 million.
Mechelle McNair has been described as very distraught about her husband’s death and has not commented on it.
NASHVILLE, Tenn. (AP)—Steve McNair’s(notes) 20-year-old girlfriend bought a gun a couple of days before she was found dead alongside the slain former NFL quarterback, her relative said Monday.
Farzin Abdi said police told him about the gun purchase by his aunt Sahel Kazemi, who was raised with him like a sister. Kazemi and McNair were found dead on Saturday in a Nashville condominium leased by the former Titans star.
Abdi said police told him they are almost sure Kazemi was the shooter, but the 27-year-old nephew said he doesn’t believe she would do it. Abdi didn’t know what day of the week the gun was purchased or what type of gun it was.
“There was no way she was depressed and wanting to do this,” he said. “She was so happy. … She just had it made, you know, (with) this guy taking care of everything.”
Nashville police didn’t immediately have a response to Abdi’s comments.
Abdi said Kazemi believed McNair was divorcing his wife and she was preparing to sell her furniture to move in with him.
Nashville courts had no record of a McNair divorce case, but a 14,000-square-foot home he owned in Nashville is on the market for $3 million.
Mechelle McNair has been described as very distraught about her husband’s death and has not commented on it.
NASHVILLE, Tenn. (AP)—Steve McNair’s(notes) 20-year-old girlfriend bought a gun a couple of days before she was found dead alongside the slain former NFL quarterback, her relative said Monday.
Farzin Abdi said police told him about the gun purchase by his aunt Sahel Kazemi, who was raised with him like a sister. Kazemi and McNair were found dead on Saturday in a Nashville condominium leased by the former Titans star.
Abdi said police told him they are almost sure Kazemi was the shooter, but the 27-year-old nephew said he doesn’t believe she would do it. Abdi didn’t know what day of the week the gun was purchased or what type of gun it was.
“There was no way she was depressed and wanting to do this,” he said. “She was so happy. … She just had it made, you know, (with) this guy taking care of everything.”
Nashville police didn’t immediately have a response to Abdi’s comments.
Abdi said Kazemi believed McNair was divorcing his wife and she was preparing to sell her furniture to move in with him.
Nashville courts had no record of a McNair divorce case, but a 14,000-square-foot home he owned in Nashville is on the market for $3 million.
Mechelle McNair has been described as very distraught about her husband’s death and has not commented on it. Before their deaths, the public knew nothing of Kazemi’s relationship with McNair, a star who had earned the respect of his fellow NFL players for shaking off defenders and injuries and the love of fans amazed at how the quarterback kept showing up for work—and winning. He endeared himself further with his charity work. Not just from the checks he handed out, but for throwing himself into the efforts, like he did when loading boxes onto tractor-trailers bound for Hurricane Katrina victims. Publicly, McNair was a happily married man and proud father of four sons who split his time between his Mississippi farm and a home in Music City, where celebrities are cherished, not hassled. His death, however, thrust a darker side of his private life into the spotlight. “People have certain things that they do in life,” said McNair’s longtime friend Robert Gaddy, who called 911. “We don’t need to look on the situation at this time (but) on the fact we just lost a great member of society.” Even McNair’s longtime agent said he didn’t know about the former quarterback’s relationship with Kazemi. “As good as he was on the football field, that couldn’t touch the person,” agent Bus Cook said Sunday, still shaken by McNair’s death. “I mean it just couldn’t.” Hints of a problem with alcohol surfaced in May 2003 when a Nashville police officer pulled McNair over on suspicion of drunk driving. Police said the quarterback’s blood alcohol content was 0.18 percent—well over Tennessee’s legal limit. He also was charged with having a 9mm weapon with him, but all the charges were later dropped. McNair was charged with drunken driving in 2007 because he let his brother-in-law drive his pickup truck. Those charges were later dropped when the DUI charge against the brother-in-law was reduced to reckless driving. And McNair could have been charged again Thursday night when the same officer who arrested him in 2003 stopped a 2007 Cadillac Escalade driven by Kazemi and registered to both her and McNair. Kazemi was arrested on a DUI charge, and he was allowed to leave in a taxi. Police labeled his death a homicide Sunday, revealing McNair had been shot four times—twice in the head, twice in the chest—when found in a rented condominium he shared with a longtime friend, Wayne Neeley. Police found a semiautomatic pistol under Kazemi’s body. But police spokesman Don Aaron said they were reviewing every possibility, interviewing friends of both and an ex-boyfriend before labeling Kazemi’s death. On the football field, he simply was “Air McNair,” a winner. McNair still holds the NCAA’s Football Championship Series (formerly Division I-AA) records for career yards passing (14,496) and total offense (16,823) from his days at tiny Alcorn State in Mississippi. He played 13 NFL seasons, starting with the then-Houston Oilers, and led Tennessee to its famous last-second 2000 Super Bowl loss to the St. Louis Rams. He ended his career in Baltimore last season, after being traded away by the Titans after they drafted Vince Young(notes) as a replacement to the aching and expensive veteran. McNair’s friends want the quarterback to be remembered for his generosity. He gave away turkeys and checks in Tennessee, toys in Baltimore and paid for three football camps himself this year. Cook talked to someone Saturday who saw McNair cleaning up the field after one camp at Southern Mississippi. “That was Steve McNair. That’s who he is. And who he was,” an emotional Cook recalled. A viewing will be held Thursday at a Nashville funeral home, followed by another viewing at Mount Zion Baptist Church with a memorial service Thursday night. A funeral service will be held Saturday in Mississippi, but final details were not set. McNair met Kazemi at the Dave & Buster’s restaurant where she worked as a server and where his family ate often. The two began dating a few months ago in a relationship that included a vacation with parasailing. Photos posted on TMZ.com showed McNair gazing and smiling at the young Kazemi. Associated Press writers Travis Loller, Lucas L. Johnson II and Joe Edwards contributed to this story.
Harry Potter actor tells of swine flu fear
by AFP July 6, 2009
Actor Rupert Grint, who plays Ron Weasley in the Harry Potter films, spoke Monday of his fears after contracting swine flu, saying he initially thought he might die.
Grint described contracting the A(H1N1) virus, which has spread around the world, as "quite scary" but he recovered after spending a few days in bed."It was quite scary when I first found out I had swine flu," he said at a press conference with other Potter actors including Emma Watson in London.
"I thought 'Am I going to die?' But it was just like any other flu really."
"I had a sore throat and I went to bed for a few days."
Grint was speaking ahead of the world premiere in London on Tuesday of "Harry Potter and the Half-Blood Prince", the sixth instalment of the phenomenally successful Harry Potter films.
The 20-year-old's publicist confirmed on Saturday that he had suffered from the virus, taking several days off filming the next movie in the blockbuster series, "Harry Potter and the Deathly Hallows."
Four people have died in Britain of swine flu, and the country has Europe's highest number of reported cases with nearly 7,500.
The government has warned that figure could rise to over 100,000 new cases a day by the end of August.
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http://news.yahoo.com/s/ap/20090706/ap_on_en_mu/us_michael_jackson
LOS ANGELES – A judge said Monday that Michael Jackson's longtime attorney and a family friend should take over the pop singer's estate for now, rejecting a request from Jackson's mother to be put in charge or share control. Los Angeles Superior Court Judge Mitchell Beckloff backed attorneyJohn Branca and music executive John McClain, who had been designated in Jackson's 2002 will as the people he wanted to administer his estate. Attorneys for the pop singer's mother repeatedly objected to their appointment at Monday's court hearing. "It's our desire to do everything we can to carry out Michael Jackson's wishes and to maximize the estate," said Howard Weitzman, who spoke after the hearing on behalf of Branca. Weitzman issued a statement later calling the judge's ruling "the correct decision." The singer's mother, Katherine Jackson, had applied to oversee her son's estate, but that was before the 2002 will surfaced. Her attorney, Burt Levitch, expressed concerns about McClain and Branca's financial leadership. Jackson died June 25, deeply in debt. But a court filing estimates that his estate will be worth more than $500 million. His assets are destined for a private trust. A public memorial has been scheduled for Jackson in downtown Los Angeles on Tuesday. Dozens of police officers and a fire truck were parked outside Dodger Stadium on Monday, where ticket winners could start picking up their coveted passes to the Staples Centerceremony. More than 1.6 million people registered to win the coveted free tickets, and only 8,750 names were chosen. Los Angeles officials are concerned about other fans clogging city streets. One person who won't be at the memorial is Debbie Rowe, Jackson's ex-wife and the mother of Jackson's two oldest children. She had planned to attend, but backed out Monday. "The onslaught of media attention has made it clear her attendance would be an unnecessary distraction to an event that should focus exclusively on Michael's legacy," Rowe attorney Marta Almli said. "Debbie will continue to celebrate Michael's memory privately." Lucky fans celebrated when they got an e-mail saying they had scored the hottest ticket in town. "Congratulations, your application was successful," said the message sent to Deka Motanya, 27, of San Francisco. She immediately Twittered: "OMG OMG OMG OMG i got tickets to the michael jackson memorial service!!!" On eBay, bids were reaching as high as $3,000, though it was impossible to verify the seriousness of those offers. Others on Monday were submitting bids more in the $100-$200 range.On Craigslist, asking prices also were in the thousands. Some unable to attend, though, simply wanted to give away their tickets — as one post read — "to only true fans."On the legal front, Katherine Jackson's attorneys had asked that she be appointed to serve as a co-administrator with Branca and McClain. Beckloff refused to grant that request.Branca and McClain will have to post a $1 million bond on the estate, Beckloff ruled. Their authority over the estate will expire Aug. 3, when another hearing on the estate will be held. Levitch said it was unclear whether McClain would serve as an administrator because he was of ailing health. Attorneys for McClain and Branca described him as having a physical disability but having a completely sound mind. They also noted a decades-long relationship with the Jackson family. The judge granted Branca and McClain several powers over the estate, including the rights to negotiate a settlement with concert promoter AEG Live over refunds for Jackson's canceled London shows. Beckloff stressed that Katherine Jackson should be given complete information about major transactions, but that he as the judge would grant final approval. John E. Schreiber, an attorney for Katherine Jackson, said, "Frankly, Mrs. Jackson has concerns about handing over the keys to the kingdom." Branca had a 5 percent interest in Sony/ATV Music Publishing in September 2005, according to Uniform Commercial Code filings in New York, but his interest was terminated in December 2007. Branca also was a trustee in MJ Publishing Trust, which held Jackson's 50-percent stake, but is not believed to be any longer, said John Schreiber, a lawyer for Katherine Jackson. Her lawyers had argued in court that Katherine Jackson needed to be special administrator of the estate to be able to determine if Branca and McClain had other dealings with Jackson or his partners. Paul Gordon Hoffman, an attorney for Branca and McClain, said some of Katherine Jackson's concerns were unfounded. "We're not aware of any real conflicts at all," he said in response to a claim that the men may have business dealings with parties such as concert promoter AEG Live. In contrast, Hoffman said Jackson's mother had more of a potential conflict administering the estate because she is a likely beneficiary. "If there are any conflicts by the parties, Katherine Jackson rather than Mr. McClain and Mr. Branca have them," Hoffman said. Beckloff noted the contentious relationship brewing between Katherine Jackson and Branca, who personally delivered the will to the family's home a week ago. "We're getting off to a bit of a rocky start here out of the gate," Beckloff said toward the end of Monday's hearing. L. Londell McMillan, Katherine Jackson's main attorney, said after the hearing that he did not expect a protracted fight. "We have no reason to believe this is going to turn into a nasty fight over millions and millions of dollars," McMillan said. He said he and other attorneys will be watching Branca's and McClain's actions closely. "We will be working to ensure that Mr. Jackson's legacy will be treated with dignity," McMillan said. "Mr. Jackson's life and legacy will be memorialized tomorrow and we will move forward." Associated Press Special Correspondent Linda Deutsch and Associated Press writers Daisy Nguyen and Ryan Nakashima contributed to this reportJackson's mother loses control of son's estate AAP
"Mr. Branca and Mr. McClain for the next month are at the helm of the ship," Beckloff said.Attorneys also disclosed that another Jackson will from 1997 has been lodged with the court, but will only become a factor if the 2002 will is invalidated. Details of the older will were not disclosed.Levitch, an attorney for Katherine Jackson, told Beckloff that Branca had previously been removed from financial positions of authority by Jackson. Branca's attorney says he was rehired by Jackson on June 17, days before Jackson's death.Katherine Jackson did not appear at Monday's hearing. Branca did attend.
LOS ANGELES – Michael Jackson's ex-wife Debbie Rowe will attend the pop superstar's memorial service.
Former Jackson business associate Marc Schaffel said on ABC's "Good Morning America" that Rowe was confirmed for VIP seats
. Rowe is the mother of Jackson's two oldest children.
Meanwhile, Los Angeles City Councilwoman Jan Perry said she'd "love it" if the Jacksons helped defray some of the city's expected costs associated
with Tuesday's memorial, but that officials hadn't heard from the family.
Perry said the city didn't immediately have an estimate of those costs. More than 1.6 million fans registered online for a chance to attend the
Staples Center ceremony, and only 8,750 names were chosen. Los Angeles officials are concerned about other fans clogging city streets.
"We're encouraging people to stay away," Perry said on CBS' "The Early Show" on Monday.
The Rev. Al Sharpton, in an appearance Monday on ABC's "Good Morning America," made no mention of whether the Jacksons would help the city
with some of the expected costs.
"The city is trying to do what it should do to secure people," said Sharpton, a family friend. "That's what cities do. Clearly, no one in the family
are happy that the city is incurring any expense at all. You're talking about an historic figure that will have an historic celebration, probably one
that we would not see similar in this generation."
Meanwhile, lucky fans celebrated when they got an e-mail saying they had scored the hottest ticket in town. "Congratulations, your application
was successful," said the message sent to Deka Motanya, 27, of San Francisco.
She immediately Twittered: "OMG OMG OMG OMG i got tickets to the michael jackson memorial service!!!"
It was a real-life version of Willy Wonka's golden tickets. Each selected person gets a pair of free tickets, with the odds of being chosen about 1 in 183.
Dozens of police officers and a fire truck were parked outside Dodger Stadium on Monday, where ticket winners could start picking up their coveted passes.
Nancy Kothari, 31, drove all night from Yuma, Arizona, to be at the stadium before the gates opened.
"I grew up with Michael Jackson, with his music," Kothari said. "`Thriller' was the first album I ever had."
Kothari said she expected the service to be "extremely sad."
"I'm kind of nervous in a way, but also excited," she said.
Tickets were handed out in a drive-through process. Voucher holders had to get past a police checkpoint outside the stadium, then drive into a parking
lot where orange traffic cones marked about 20 lanes. A police officer and an event staffer stood at the end of each lane. Drivers pulled up, handed over
their vouchers, had a band placed on their wrist and were given tickets and another wristband.
Ticket winners were to show up with a unique code and instructions, and organizers were to check IDs to make sure those picking up wristbands were
the same people who originally applied online, said Staples Center spokesman Michael Roth.
Fans must have both the ticket and the wristband to enter Staples Center on Tuesday. Wristbands that have been ripped, taped or tampered with will
be voided.
But Roth acknowledged that high-priced scalping of the free passes was possible because winners were permitted to give anyone their second bracelet.
"Theoretically, the second wrist band can be sold," Roth said.
Organizers were considering how to distribute any unclaimed seats, but had not immediately decided on a plan, Roth said.
The memorial service will be broadcast live on five television networks.
David Gobaud, 25, who studies computer science at Stanford University, said he didn't believe his e-mail of acceptance was real at first.
"It's Michael Jackson, one of the greatest musical stars of all time," he said.
Zach Moss, a 21-year-old ticket winner from Chicago who is working as a DJ in Las Vegas this summer, said clubgoers have responded strongly
to Jackson's music since his death.
"You can play two, three Michael Jackson songs back to back and people are going to have this huge jubilation celebration," he said.
"Everyone throws their drinks up and shouts, 'MJ!' It's extremely powerful."
The tickets will admit 11,000 people to the Staples Center plus 6,500 in the Nokia Theater overflow section next door. The streets around
Staples Center will be closed to prevent those without tickets from trying to attend, police said.
Assistant Police Chief Jim McDonnell warned the ticketless to stay away. He would not say how many police would be on the job, but alluded
to the 1984 Los Angeles Olympics and the recent championship celebration for the Los Angeles Lakers at the Los Angeles Memorial Coliseum.
"You'll be standing in the hot sun on a city street with a lot of other people," he said. "But not within eyeshot of Staples."
The ceremony will not be shown on Staples' giant outdoor TV screen and there will be no funeral procession through the city.
No details were available about the actual memorial events.
The joyful anticipation among the chosen fans comes as the courts continue to untangle the future of Jackson's estate and police probe the
circumstances of his death.
Jackson died at age 50 on June 25 after going into cardiac arrest in the bedroom of his rented mansion.
The cause of Jackson's death has not been determined. Autopsy results are not expected for several weeks.
Jackson's family was planning a private ceremony at the Forest Lawn cemetery in the Hollywood Hills,
McDonnell said. He did not provide further details.
Associated Press Writers Jacob Adelman and Michael R. Blood, Television Writer David Bauder and
National Writer Jesse Washington contributed to this report.
Slideshow:Michael Jackson dies at 50
Michael's mom was stripped of her right to control Michael Jackson's estate. David Goldstein reports.
Giant robots have defeated dinosaurs and woolly mammoths at the weekend box office. Paramount says "Transformers: Revenge of the Fallen" finished the Fourth of July weekend in first place again with $42.4 million. (July 6)
There is increased activity at Forest Lawn just one day before Michael Jackson's public memorial service. Derek Bell reports.
Billy Johnson from Yahoo describes the preparations for the pop star's tribute.
Cooper Boone talks about his new album, cooking show and "Cougar Dream."
The Literature Festival in Paraty, Brazil, attracted thousands of children this year. Outdoor activities, theater presentations, story telling, and other events encouraged children to embrace the pleasures of reading.
Fans are picking up tickets for Michael Jackson's memorial service at Dodger Stadium. Stacey Butler reports.
Lizzie Powell on her parental muse, insecurities and the "Justin factor."
He appeared like a gift from the sea. The exotic stranger with no history? But when his mysterious past comes crashing in, will he drown in the demands of his noble station? Or will passion become his lifeline?
Daniel Radcliffe talks romance and on-screen kisses at a press conference for new flick 'Harry Potter and the Half-Blood Prince' in London. (July 6)
The haute couture shows for next autumn-winter opened in a sombre mood, with the fate of the house of Christian Lacroix hanging in the balance since it went into administration in May. The collection which will be presented on Tuesday could very possibly be the last. On Monday, French designer Stephane Rolland kicked off the week.
ThePalestra.net music crew takes you through the night in great live music from coast to coast for Monday July 6th
Ticket winners picked up their coveted passes at Dodger Stadium Monday for Michael Jackson's memorial service. Each selected person gets a pair of free tickets, with the odds of being chosen about 1 in 183. (July 6
Michael Jackson's family plan private funeral ceremony; 'Slumdog Millionaire' child star gets new home; Transformers fight Ice Age dinosaurs at box office. (July 6)
Michael Bay responds to criticism, says the actress has some "growing up to do."
Once a form of protest or simply destruction of public property, graffiti has now entered the cultural mainstream. A major exhibit devoted to street art opens at the Cartier Foundation in Paris on Tuesday.
Los Angeles gets ready for the Michael Jackson memorial, Madonna honors "King of Pop" and the box office weekend.
The renowned all female Japanese manga group Clamp were guests of honour at the Japan Expo exhibition in Paris over the weekend. The authors and artists gave a rare interview in Europe to mark the occasion.
A new museum has opened in Belgium to celebrate the work of illustrator Herge, and in particular his most famous creation.
Michael Jackson's mother Katherine has temporary custody of his three kids. AP Music Editor Nekesa Moody discusses whether their grandmother will become their legal guardian. (July 5)
Los Angeles Police Department Assistant Chief Jim McDonnell has warned people without tickets to the Michael Jackson memorial to stay away from the sealed-off area, telling they they would better off watching the event at home with friends.
Madonna paid tribute to Michael Jackson in the same arena where he was to stage his comeback, dancing along with an impersonator doing Jackson's distinctive moves. (July 5)
A Flip - Festa Literaria de Paraty - n?o reune apenas escritores consagrados, ou conhecidos. Nas ruas da cidade historica, artistas de todos os tipos e autores iniciantes, ou ainda n?o publicados, s?o um espetaculo a parte.
ThePalestra.net music crew takes you through the night in great live music from coast to coast for Independence Day weekend
Japan's comics culture is somewhat special in that women play a real role in authoring and drawing cartoon albums. AFP went to meet some of the women behind Japan's manga culture and their female fans at the Japan Expo in Paris.
In the rhythm and rhyme of hiphop, many young Palestinians, like their counterparts across the world, have found a way to recount their tales, and their troubles. The genre is so popular it's even sparked a Palestinian hiphop competition. But because they cannot leave their occupied territories, participants in Gaza and the West Bank are forced to face off via videoconference. An AFPTV report.
Paris Hilton is currently in Lebanon where she's shooting an episode of the Middle Eastern version of her TV reality show "Paris Hilton's My New BFF". This season is based mainly in Dubai. The US celebrity gave a press conference late on Friday to mark the occasion during which she talked about the death of US pop singer Michael Jackson and how she had adapted her show for the Middle Eastern market. Images and soundbites.
Queen Latifah and other artists paid tribute with words and music to the late Michael Jackson at this weekend's Essence Festival in New Orleans. (July 4)
Madonna is paying tribute to Michael Jackson in concert at London's 02 Arena Saturday. (July 3)
Mark Kermode reviews the UK's new movie releases including Public Enemies, Red Mist and Ice Age 3-D.
With the 4th of July in mind, we asked some country-music artists to reveal why they're proud to be an American. (July 3)
Michael Jackson memorial service set for Tuesday in Los Angeles; Michael Jackson's ex-wife Deborah Rowe shows interest in custody of kids; AEG chief says rehearsal footage of Michael Jackson may become live album. (July 3)
Sony's quirky 32-player online video game "Fat Princess" is set for release soon on the PlayStation Network. (July 3)
The AP's Natalie Rotman discusses what lays in store for Michael Jackson's three kids. (July 3)
ESPN's John Anderson reveals the simple motivation behind his running regimen.
CEO of AEG Live, Randy Phillips, talks about plans for a Michael Jackson memorial concert and says there is enough rehearsal footage of Jackson to make up to two live albums. (July 3)
Reaction to Michael Jackson's death might have recalled the outpouring after the death of Princess Diana or Jade Goody, so we spoke to broadcaster Tim Lovejoy and put hysteria in the spotlight.
The German model-turned-actress Diane Kruger talks about her love for Germany whilst visiting Berlin Fashion Week. (July 3)
Beneath the Russian capital lies a town of its own: a maze of rooms and corridors built during the cold war in case of a nuclear attack. For the last couple of years, one of Moscow's nuclear bomb shelter has been turned into a new, interactive museum. The AFPTV went on a tour.
Deborah Rowe, the ex-wife of Michael Jackson and the mother of two of his children, has not reached a final decision on whether to seek custody of the children. Attorney Eric M. George made the disclosure on a telephone conference call. (July 2)
Michael Jackson turned Neverland ranch into a fantasyland that included a zoo and a Disney-like train station. The AP's Jason Bronis takes a tour of the singer's former home. (July 2)
With Peter Pan as inspiration, Michael Jackson turned his lush Neverland ranch into a whimsical retreat that even included a Disney-like train station where he could recapture his lost childhood. (July 2)
Concert promoter AEG Live released this clip of Michael Jackson rehearsing his 'This Is It' tour two days before his death in Los Angeles. (July 2)
A video released Thursday showed Michael Jackson vigorously practicing a song-and-dance routine days before his death, supporting accounts he had been in good health.FOOTAGE HANDOUT AEG LIVE.
Matt Fiddes says the singer abused prescription medications.
Emily Smith talks about the magazine's exclusive with Michael Jackson's attorney
The classical string quartet talks about "America's Got Talent" and Simon Cowell
In an exclusive interview with NBC's 'Today' show, Jermaine Jackson says he wishes he had died instead of his younger brother. (July 2)
"500 Days of Summer's" Zooey Dechanel and Joseph Gordon-Levitt.
ThePalestra.net music crew takes you through the night in great live music from coast to coast for Thursday July 2nd
The seven series of books
written by Stephen Carew-Reid The Triumph of Truth (Who's Watching The Watchers?)
http://www.mhsoba.asn.au/default.asp?pg=luncheon&spg=display&articleid=2266 When the other eight Volumes of the Triumph of Truth ( Who Is Watchinbg The Watchers?) are finally recovered from the Queensland Police and the Queensland Government, they are due to be made into a series of films in a cartoon version staring Mr Wijat and His Team, Mr Wijat's little greenie mate, who even though he is mr Wijat's bestest friend, he is always telling Mr Wijat that Mr Wijat can not go around telling powerful people like the Prime Miniister, the President, the Police Commissioner, the director of Public Prosecutions that they have actied in a criminal manner and should go to jail if they do niot chsange their ways, ERF the Worm's way of dealing with these people is to go and talk nicely to them in a gentle manner and hug a tree in the White House and turn and the corrupt acts of partliament and worngful orders made into garne mulsh witht he help of millions of the Erf the Worm Family who go unnoticed by the security guards who think, "oh there just gasrden worms they can not do any harm" , Mr Wijat's supero hero upstart son who thinks he know it all, Marven the Marvelous who is Mr Wijat's mad inventor who always comes up with crazy ideas, but occasionally Mr Wijat is impressed and users one of Marvelous Marvin's crazy ideas, and Invisible Magic Rabit, who is Mr Mr Wijat;s little magic rabbit friend with psychic powers who goes everywhere with Mr Wijat and guides him in the right direction and warns Mr Wijat of danger looming for Mr Wijat..Magic Rabit loves Strawberry Jam and is rewarded by Mr Wijat with a jar of Strawberry Jam when he has helped Mr Wijat out of another dangerous situation. Magic Rabbit has the ability to be invisable so that only Mr Wijat can see him with his special Sunglasses in the shape of map of Australia, made for him by Marvin the Marvelous. That way he can go and check out things for Mr Wijat withoiut anyone knowing he is there. The Triumph of Truth ( Who Is Watching The Watchers?) volumes one to nine, only volume nine is available on pre-order which had to be written in the USA for safety reasons, as the other eight volumes were stolen by the Queensland Police on behalf of the Queensland Government, powerful Freemason judges, magistrates, police, politicians, prosecutors, corrupt business people or organisations, corrupt prosecutors, corrupt public trustee employees to try and bury the truth..25 police have now been sacked in Queensland as a result of INLNews and USAWeeklyNews Investigations given to the Queensland Government showing corrupt police making false arrests and planning and executing a robbery of two house fulls of furniture and effects in the house where the 8 volumes of The Triumph of Truth ( Who Is Watching The Watchers?). The Queensland Government are now about to be sued for in excess of one billion dollars in damages by those wrongly effected by the wrongful, immoral and illegal actions of Queensland Police who thought they were so powerful the could get away with all this, unless an out of court settlement is reached
"Provocative, frightening, informative, humorous- Your view and knowledge of the way the legal, police, political, public trustee business circles operate in Western Australia will never be the same.. after reading these volumes...A must real for present and budding legal eagles, police, politicians, litigants in person, anyone interested in and/or studying the law or the legal system, high school students, also anyone wanting to search for the truth and/or just interested in a book that is about a unique situation where one takes on City Hall which has unlimited resources and gives them a run for it's money - with little and very little resources to fight City Hall with. It has been described as a real David V Goliath affair, and also described by Ian Wilson, Western Australian solicitor, as one of the greatest legal debacles he has ever seen in his legal practice. Ian Wilson tried to negotiate an amicable settlement many years ago without success. The Public Trustee and the Western Australian Government felt there were simply too powerful and untouchable to bother with negotiating in a reasonable manner. Now they are among 69 respondents, including judges, magistrate, senior police, senior prosecutors, senior politicians, well known lawyers and barristers, public trustee accountants and managers, court officers etc., being sued in The Australian Federal Court for conspiracy to defraud the Carew-Reid Family, who are asking $100 million in damages.. Volume 2-Edition 3 is about 1,100 pages plus photos........" Australian Weekend News publishers of The Triumph of Truth (Who's Watching The Watchers?) The Triumph of Truth (Who Is Watching The Watchers?) by Stephen Carew-Reid volumes one to nine, original manuscripts of the first 8 volumes stolen by Queensland Police in Australia to try and cover up the information in these volumes and illegally removed from the Western Australian Batye Resource Library without any court order from pressure from State Government Law Office http://usaweeklynews.com/TriumphOfTruth_Book.php http://www.usaweekendnews.com/TriumphOfTruthBookStolen.html Click here to check the strange justice in Australia http://usaweeklynews.com/Mickleberg_Conspiracy.php
Taken from Volume One ....."I have spoken to so many people whom tell me stories of the blatant disregard the Western Australian Public Trustee and their representatives have for the people's assets and income they are meant to protect and look after in the Western Australian Public Trustee General Fund. I have statements by ex-employees of the Public Trustee who state they have been shocked and dismayed at the blatant fraud, deceit, corruption and general immoral behaviour of senior members of the Public Trust Office in Western Australia and their appointed accounting, legal, property and trustee representatives. The corrupt people inside the Western Australian Public Trustee Office were so concerned about how much information one of these employees had built up on these corrupt senior Public Trustee Officers over the years, that they tried to obtain a false mental report on that person, to have that person declared insane so that person's evidence would not be believed when it finally becomes public. I have promised that person that I would withhold their name from being mentioned publicly because of fear of further reprisals and legal and underhand things being done to that person. However, if the Western Australian Public Trustee and the Western Australian Court Liberal Government and their co-conspirators are ever game to have a full blown trial where all the evidence is openly and candidly exposed and all witnesses are openly cross examined, this person will be willing to expose all the FRAUD, DECEIT, LIES, CORRUPTION, IMMORAL BEHAVIOUR AND GENERAL CONTEMPT and DISREGARD FOR THE PEOPLE THEY ARE MEANT TO BE LOOKING AFTER AS PUBLIC TRUSTEES. I must explain that the problems I have been experiencing with the System is very much to do with the current war that is currently being waged in Australia and in particular in Western Australia, for overall control between the Catholics and the Freemasons. When Brian Burke and the Labour Party was in power as premier of Western Australia, the Catholics were running the show in Western Australia, along with well known Catholics businessmen and politicians such as Lorry Connel, Allan Bond, Ray O'Connor. The Italian Catholic Mafia Godfather ,Sam Franchina who help put Brian Burke and Ray O'Connor in power as premiers of Western Australia on behalf of the Catholic Mafia etc. Sam Franchina well know in Perth Western Australia as the Italian Catholic Mafia God Father was so powerful that me appointed premiers lord mayors, police commissioners and even judges. As told to me by an ex-Western Australian police detective, who also was a Freemason, historically most of the Western Australian Police Commissioners in the last 100 years have been Freemasons. This particular police officer who rose quickly in the ranks to senior police detective with support and help of the other Freemasons in the Western Australian Police Force and Freemason politicians, was being groomed to become the next Freemason Western Australian Police Commissioner. He explained a lot of things about Freemasonry one evening at his home in Kalamunda, a suburb in the hills of Perth Western Australia, when I was helping him investigate a case he was working on in his new role as a private detective, having left the police force due to pressure from senior Freemasons in the Western Australian Police Service because he refused to play by their rules and refused to do what they wanted him to do. He brought out and showed me his Freemason white apron and other Freemason items that Freemasons are issued with when they join Freemasonry. He explained that he was for a long time a member of what was called the Blue Lodge of Freemasonry, which he found OK with his general religious beliefs as a Seventh day Adventist, because all that was required as far he knew to be a Freemason was to worship and/or believe in one supreme being. However, when he was approached to be groomed to become the next Freemason Police Commissioner, he was told to be able to be appointed in that powerful position with the support of powerful Freemasons he would have to join the Red Freemason Lodge, which he did not know anything about until that moment. He went to one meeting in the Red Lodge, which was a much higher level of lodge which only people in very powerful positions in society who are also Freemasons is allowed and/or invited to join.It was at the Red Lodge Freemason Meeting that it was revelled that the one supreme being that Freemason's actually were told to worship was The Devil, not God, as he had originally believed. It was at that point he wanted nothing more to to with attending Freemason meetings, and did not want to be part of the Red Freemason Lodge to have to join in with other senior Freemasons at the Red Lodge to worship the Devil. He also did not want to be the Western Australian Police Commissioner if it meant relying on the support of other senior powerful Freemasons at the Red Lodge. Because of his refusal to play the Freemason Game according to their rules, he was pressured in clandestine ways at work as a police officer, to the point he had a nervous breakdown and had to leave the police force in an early retirement. He now works as a private investigator in Western Australia for taking paid jobs on for private people where in many instances has to investigate the police who have done the wrong thing to private individuals. READERS, what you will read in this introductory volume and following volumes is a factual and legal account of what I personally experienced. The comments I make are based on factual knowledge and true conviction. They have resulted form a search for the truth, which really started when I was a small child. However the first twenty three years of my life was mainly engaged in gaining the formal education I would need to be able to carry out my search for the truth and to be able to finally communicate it to the world at large through these books and other written and oral communications. I was born on the 3rd March 1953 and spent the years 1956 to 1976 in formal education which finalised in 1976 when I obtained a Bachelor of Commerce Degree at the University of Western Australia after majoring in Commercial law, Economics and Business Management. 4. The things that are said in this book very few people would be game to write; even though it is all the truth, because of fear of retribution form those powerful people in the system, which included not only physical acts, but also being sued for defamation and criminal charges in the form of criminal defamation and contempt of court etc. This would tie up the person up in the courts for years and probably send him bankrupt paying lawyers to defend them. that if they could find a lawyer whom would honestly defend them, without just running them out of money and assets and then sending them bankrupt and/or to prison and/or an insane asylum, so they can be no more trouble in the future. In my case I am constantly threatened with violence, false imprisonment, death, being declared insane and other legal threats by those whom I write about. I have been falsely arrested on charges that had no legal or factual basis whatsoever when I sued 69 of the most powerful people in the legal, political, court, public trustee, government, semi/quasi-government and business circles in Western Australia in the Federal Court in Canberra, and flown by RAAF Government plane in common with 60 SAS soldiers to the RAAF base at Pierce in Perth Western Australia, taken to the Perth Lock Up for the weekend, the put in front of a corrupt District Court Judge that I have written about in my books called Justice Williams, who was appointed as a result of previously working for Len Buckeridge who used his political and legal connections to get him appointed a judge in the District Court, who sent me to Graylands Mental Institution in the hope of having me declared insane, instead of sending me for trial on the false charges which he knew would be dismissed because they had no legal and/or factual basis to support a conviction at trail. It is interesting to note that the now Justice Williams was known in legal circles in Perth as one of the most hopeless lawyers in Perth, but it suited Len Buckeridge to befriend him while he was a lawyer and help make him a judge in the District Court of Western Australia so he can be used for doing favour for Len Buckeridge and his connections when needed. Justice Williams cam in handy when a judge was needed to send myself ( Stephen Carew-Reid) to a mental institution to help try and silence me speaking up about all the criminal , immoral, illegal and wrongful actions committed by those who I have been writing about in my seven series of books called The Triumph of Truth ( Who's Watching The Watchers?). Fortunately for me, Dr Bock who was the doctor who they had organised to have me declared clinically insane at Graylands Mental Institution as a schizophrenic who lives in a fantasy world and everything he writes about is all fantasy and delusional writings of a madman. At the same time those that I have written about in my my seven series of books called The Triumph of Truth ( Who's Watching The Watchers?) organised the Crown Law Department and the Director of Public Prosecutions, the judges and magistrates, the Ministry of Justice in Western Australia, the Government of Western Australia, Len Buckeridge etc all join all their political, legal and business power and influence to have all copies of my seven series of books called The Triumph of Truth ( Who's Watching The Watchers?) which had been purchased with public funds by the state resource library known as the Alexander Library and also as the Battye Library completely removed, destroyed and all traces of them removed from the library's computer as never ever having existed. The overall plan was to remove all traces of the books as never having ever existed from the state library, and at the same time have me permanently committed to a mental institution so I could never complain about the books being removed and in fact never ever know they Had been removed and they all could say that anything in the books that had been written were written by a schizophrenic who lives in a fantasy world and nothing written in the books is real and just was a complete fantasy by Stephen Carew-Reid. Well folks, the sad truth is “everything in these books and every detail in them is all the truth, nothing but the truth so help me God,” as one says when swearing to tell the truth under oath in a court room. WikipediaArticlesBanned http://inlnews.us/WikipediaArticlesBanned.html User:Penright/Triumph Of Truth (Who Is Watching The Watchers?)From Wikipedia, the free encyclopedia
Triumph Of Truth (Who Is Watching The Watchers?) Triumph Of Truth (Who Is Watching The Watchers?) are a seven series of factual books written by Australian author Stephen Carew-Reid and published by the Australian Weekend News in the early 1990's . The books chronicle the factual details, correspondence, legal papers, circumstances, background, people and organisations involved and/or associated with Stephen Carew-Reid's legal fight, that started originally just as a one paragraph statement of claim attached to a writ issued in October, 1986 in the Supreme Court of Western Australia, which named Stephen Carew-Reid, being a litigant in person (which means representing oneself without a qualified lawyer representing you), as the plaintiff, and the Western Australian Public_Trustee </gallery> firm),
Creation of Mr Wijat and His Team as part of Australian Identity of the AWN
Stephen Carew-Reid's Paul Rigby Connection used to help the Australian Weekend News I think this is a gentleman's club Dictionary. I can understand their policy but not for equal human right. Dear INL News Editor, I note that the article entited Triumph Of Truth (Who Is Watching The Watchers?) ----From Wikipedia, the free encyclopedia http://en.wikipedia.org/wiki/User:Penright/Triumph_Of_Truth_(Who_Is_Watching_The_Watchers%3F) has been forced to be deleted by the following editors of Wikipedia named Vicenarian (Said · Done ) Hesperian Moondyne Gavia immer (talk ) Gigs (talk ) Abecedare (talk ) Who then was a gentleman? (talk ) Future_.Perfect_at_Sunrise javért stargaze The editors of Wikipedia that oposed the deletion but were outvoted by the above group were: S Marshall Talk GrooveDog (talk) King of ? ? ? ? Tarc (talk) Collect (talk) I have been reading all of opinion and discussions over the deletion of this article and it seems clear that the main person behind the push for the urgent deletion of the artilce Triumph Of Truth (Who Is Watching The Watchers?), is Moondyne , who seems to be powerful and well connected in business, courts, legal, political, police and media circlesin Western Australia, and is obviously paid on a full time basis by people and/or organisations with in these circles, to have written and/or edited thousands of artilces in Wikipedia over the last few years, all about subjects that concerning the history, media, courts, general law, sports, entertainment, writers, people, politics--the list is endless, in Western Australia. There is no doubt that Moondyne could nit have had the time, even if wirking 24 hiurs qa day seven days a week to write, research and edit all these artilces himself. This leaves the undeniabkle conclusion that Moondyne has been provided the funds form someone and/or some organisation to employ other Wikipedian editors to help him wiht writing, editing, researching and compiling these thousands of Wikipedian artcles all concerning Western Australia. I have also noted that every time someone edits a existing artilce and/or writes a news article on Wikipedia, taht has nit been oersoanbklly apporved by Moondyne , then the edit and/or article is imediately removed by Moondyne , and/or one of his other assocuated Wikipedian editors that work with him, when he does not want to be seen to have benn involved with the deletion of the edit of an extisting artilce and/or new artilce himself. Truth is the truth, but Wikipedia has no concept, to expose all truth and no responsibility. I suppose rather they think without trouble is their concept is the best. I noticed the article about Moodyne at www.usaweekendnews.com http://www.usaweekendnews.com/TriumphOfTruthBookStolen.html
WIKIPEDIA'S policy cannot change any current problem of social circumstances. Just show past history and surface of new technology etc.etc. " I think this is a gentleman's club Dictionary." "I can understand their policy but not for equal human right." If they say seeking and appeal of human right is violate and absolutely nothing good or productive. I really would like to ask all of Weikipedian "What is most important and productive for human beings" If you don't mind would please put this on top of page. whatever writing they will be deleted put question is make more appeal. The seven books Triumph Of Truth (Who Is Watching The Watchers?) is full of evidence of court battle for human right record by Stephen Carew-Reid . According to Wikipedia's rule I cannot show the contents of this book. Editing team think about this book is too violate and no productive. However " What is most important and productive for human beings" We human beings always battled to obtain human right since past. If you have an interest please pay attention about references. I am not sure all those rules but, I feel little bit sad with those good people. Hesperian and Moondyne attacked the article with very bad words.then started debate. Hoswever have not replied ot aligations against them, the have just hidden behind the their other associated editors. Best regards Mary , helping out in Watching the Watchers http://upload.wikimedia.org/wikipedia/commons/f/f9/TriumphOfTruthVol1_CopyofOriginalFrontCover.jpg http://upload.wikimedia.org/wikipedia/commons/f/f9/TriumphOfTruthVol1_CopyofOriginalFrontCover.jpg Copy of Front Cover of the original Volume One of the book The Triumph Of Truth (Who's Watching The Watchers?)by Stephen Carew-Reid http://en.wikipedia.org/wiki/File:The_Triumph_Of_Truth_Original_BackCoverVol1_100%25.jpg The_Triumph_Of_Truth_(Who's_Watching_The_Watchers?)Vol.1_OriginalBackCover http://en.wikipedia.org/wiki/File:Triumph_of_TruthVol1_P.423_WritCor81_1993.jpg Triumph_Of_Truth_Vol.1_P.423_ http://en.wikipedia.org/wiki/File:Triumph_of_TruthVol1_P.424_WritCor81_1993.jpg English: Triumph_Of_Truth_Vol.1_P.424_Cor81_1993_WA_Supreme_Court_P.2_of_Statement_Of_Claim_StephenCarew-Reid.v.ThePublicTrustee_&_Others http://en.wikipedia.org/wiki/File:Triumph_of_TruthVol1_P.425_WritCor81_1993.jpg Triumph_Of_Truth_Vol.1_P.425_Cor81_1993_WA_Supreme_Court_P.2_of_Statement_Of_Claim_StephenCarew-Reid.v.ThePublicTrustee_&_Others http://en.wikipedia.org/wiki/File:Triumph_of_TruthVol1_P.426_WritCor81_1993.jpg Triumph_Of_Truth_Vol.1_P.426_Cor81_1993_WA_Supreme_Court_P.2_of_Statement_Of_Claim_StephenCarew-Reid.v.ThePublicTrustee_&_Others http://en.wikipedia.org/wiki/File:TriumphOfTruthVol2_CopyofOriginalFrontCover.jpg Copy of Front Cover of the original Volume Two of the book The Triumph Of Truth (Who's Watching The Watchers?)by Stephen Carew-Reid-Larger_Copy http://en.wikipedia.org/wiki/File:TriumphOfTruthVol3_CopyofOriginalFrontCover.jpg Copy of Front Cover of the original Volume Three of the book The Triumph Of Truth (Who's Watching The Watchers?)by Stephen Carew-Reid-Larger_Copy The Seven Volumes of Triumph of Truth (Who's Watching The Watchers?) who were purchased by the Western Australia Alexander Resource Library with public money during the years 1988 and 1992 and cateloged into the the library's computer for about three year myseriously completely disappeared from the Library and from the Libray's computer sysyem as though they never existed... and in the year 2004, Detective Sergent Gregory Stormont on behalf of the Queensland Police Force and the Queensland Government, which have historically been controlled by the Freemasons since the beginning of Federation in Australia, stole the original manuscripts of the Seven Volumes of Triumph of Truth (Who's Watching The Watchers?) from 6 Earl Court Tallai, known as the Hollywood Hills of the Gold Coast in Queensland, even signing a receipt for them, which International News Limited, the owners of the publisher the Australian Weekend News, has a copy of such receipt....constant requests to the Premier of Queensland, The Atorney of Queensland, the Police Commissioner of Queensland, the Prime Minister of Australia and to Detective Sergent Gregory Storemont himself for the return of thesse original manusripts since 2004 have been ignored.. International News Limited through its Australian owned publisher the Austalian Weekend News is about to issue a Supreme Court legal action for in excess of $100 million in damages for the loss of these books since the year 2004, as in 2004 at the time they had been stolen, they were about to be made into a series of films,TV series, plays, short stories, legal training books, a cartoon series staring Mr Wijat and Mr Wijat's Team Fighting For Truth Justice and the Australian Way up against The Monster Gang.
Mr Wijat and Mr Wijat's Team and the Monster Gang are the cartoon characters created by the author Stephen Carew-Reid that resemble some of the real characters in the series of books "Triumph of Truth (Who's Watching The Watchers?) Fermin Juan Astiz Diaz has kindly translated the words
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WikiLeaks founder says it would be 'politically impossible' for Britain to extradite him to the US
guardian.co.uk, Thursday 23 December 2010
Julian Assange said today that it would be "politically impossible" for Britain to extradite him to the United States, and that the final word on his fate if he were charged with espionage would rest with David Cameron.
In an interview with the Guardian in Ellingham Hall, the Norfolk country mansion where he is living under virtual house arrest, the founder of WikiLeaks said it would be difficult for the prime minister to hand him over to the Americans if there was strong support for him from the British people.
"It's all a matter of politics. We can presume there will be an attempt to influence UK political opinion, and to influence the perception of our standing as a moral actor," he said.
Assange is currently fighting extradition to Sweden. He strongly denies allegations of sexual misconduct with two Swedish women. But he believes the biggest threat to his freedom and to WikiLeaks, his whistleblowing website, emanates from a wrathful United States.
There is no evidence of any imminent US move to indict him. But according to Assange, the Obama administration is "trying to strike a plea deal" with Bradley Manning, the 23-year-old intelligence officer and alleged source of the more than a quarter of a million US diplomatic cables embarrassingly leaked last month. The US attorney general, Eric Holder, wants to indict Assange as a co-conspirator and is also examining "computer hacking statutes and support for terrorism", Assange claims.
Sitting in front of a log fire, his Apple MacBook Pro perched on his lap, Assange said his recent nine-day spell in Wandsworth jail had prepared him for the possibility that he might spend a long period in prison if indicted by the US. He said the prospect of solitary confinement was no longer an "intellectual abstraction" but a reality. The high court bailed him to Norfolk last Thursday, with his extradition hearing scheduled for 6-7 February.
He said: "Solitary confinement is very difficult. But I know that provided there is some opportunity for correspondence I can withstand it. I'm mentally robust. Of course it would mean the end of my life in the conventional sense."
If the US succeeded in removing him from the UK or Sweden, Assange said there was a "high chance" of him being killed "Jack Ruby-style" in the US prison system.
Since moving to Ellingham Hall, a Georgian country house and organic farm owned by his friend and supporter Vaughan Smith, Assange has given numerous media interviews. But he said he was fed up with the press and described an interview with BBC Radio 4's Today programme – in which John Humphrys grilled him on how many people he had slept with – as "awful".
Assange also took issue with a lengthy report in Saturday's Guardian setting out the prosecution allegations against him in Sweden. Assange acknowledged that the Guardian had a right to publish the material, dealing with his alleged encounters with the women. But he said it had been "sub-selected" and not placed properly in context. Swedish prosecutors have demanded that he return to Sweden to face further questions about the allegations.
Assange also said WikiLeaks did not have enough money to pay its legal bills, even though "a lot of generous lawyers have donated their time to us". He said legal costs for WikiLeaks and his own defence were approaching £500,000. The decisions by Visa, MasterCard and PayPal to stop processing donations to WikiLeaks – apparently following US pressure – had robbed the website of a "war chest" of around €500,000, he complained. This would have been enough to fund WikiLeaks' publishing operations for six months. At its peak the organisation was receiving €100,000 a day, he said.
According to publishing sources, however, Assange can take cheer from the fact that he has secured a seven-figure advance for a book about WikiLeaks and his life story. The sources suggest he is likely to receive £250,000 himself, allowing him to pay off some of his debts and to settle his personal defence fund, currently "paralysed". The book is to be published in the spring by Knopf in the US and Canongate in the UK, the sources suggest.
Assange – who has to wear his electronic tag in the bath, and report every day to Beccles police station – confessed he has no idea where he will be in a year's time. He described the next chapter in his life as "not yet predictable.
"Legally the UK has the right to not extradite for political crimes. Espionage is the classic case of political crimes. It is at the discretion of the UK government as to whether to apply to that exception."
He argued that Cameron and Nick Clegg were in a stronger position than the previous, Labour government to resist his extradition by Washington. "There is a new government, which wants to show it hasn't yet been co-opted by the US," he said, claiming that the security services – British and Australian – had a history of spying on and unduly influencing Labour politicians.
Many WikiLeaks supporters have now gone home for Christmas, leaving Assange with a scaled-down team over the holiday period, on an estate where the pheasant and grouse greatly outnumber the humans.
His immediate plan, he said, was to rest after a gruelling couple of months and then to continue with the staged global release of redacted US state department cables in the new year. Physically, he appeared somewhat wrung out, although very much composed and in good spirits.
Assange defended one of WikiLeaks' collaborators, Israel Shamir, following claims Shamir passed sensitive cables to Belarus's dictator, Alexander Lukashenko. Lukashenko has arrested 600 opposition supporters and journalists since Sunday's presidential election. The whereabouts and fate of several of the president's high-profile opponents are unknown.
Of Shamir, Assange said: "WikiLeaks works with hundreds of journalists from different regions of the world. All are required to sign non-disclosure agreements and are generally only given limited review access to material relating to their region. We have no reason to believe these rumours in relation to Belarus are true."
Over the past month the Guardian has published more than 200 articles based on the trove of US diplomatic dispatches obtained by WikiLeaks, and 739 of the cables themselves. All cables published by the Guardian and the four other international news organisations who had exclusive early access to the material have been carefully redacted to protect sources who could be placed in danger, and the redacted versions have been passed to WikiLeaks.
WikiLeaks now plans to begin sharing the cables with a wider group of regional news organisations. Julian Assange says all future cables released by WikiLeaks will either be redacted by other partner news organisations, or by WikiLeaks itself. The Guardian and its partners in the project, the New York Times, Der Spiegel, El Pais and Le Monde, will continue to share redactions with WikiLeaks for any cables they publish in future.
WikiLeaks chief Julian Assange says there is a "high chance" he would be killed in a US jail if he were to be extradited from Britain on espionage charges.
The Australian is on bail in Britain fighting a bid by Sweden to extradite him over sex assault claims, but Washington is believed to be considering how to indict him over the leaking of thousands of US diplomatic cables.
Assange told The Guardian it would be "politically impossible" for Britain to send him across the Atlantic, adding that the government of Prime Minister David Cameron would want to show it had not been "co-opted" by Washington.
"Legally the UK has the right to not extradite for political crimes. Espionage is the classic case of political crimes. It is at the discretion of the UK government as to whether to apply to that exception," he said.
He said US authorities were "trying to strike a plea deal" with Bradley Manning, the US army soldier suspected of providing WikiLeaks with the cables.
Assange added that if the United States succeeded in getting him extradited from Britain or Sweden, then there was a "high chance" of him being killed "Jack Ruby-style" in an American prison.
Ruby, a nightclub owner, shot dead Lee Harvey Oswald at a police station in Dallas, Texas days after Oswald was arrested for the assassination of US President John F Kennedy in 1963.
Ruby's alleged links to organised crime sparked conspiracy theories about his involvement in an overall plot surrounding the assassination of Kennedy.
Assange has previously said that he and other WikiLeaks staff have received death threats since the website began to release a cache of about 250,000 secret US State Department cables in November.
The 39-year-old has been staying at a friend's country mansion in eastern England since his release from jail last week on strict bail conditions that include reporting to police daily and wearing an electronic tag.
A court in London is due to hold a full hearing on the Swedish extradition request starting February 7.
http://news.smh.com.au/AFP
WikiLeaks chief Julian Assange says there is a "high chance" he would be killed in a US jail if he were to be extradited from Britain on espionage charges.
The Australian is on bail in Britain fighting a bid by Sweden to extradite him over sex assault claims, but Washington is believed to be considering how to indict him over the leaking of thousands of US diplomatic cables.
Assange told The Guardian it would be "politically impossible" for Britain to send him across the Atlantic, adding that the government of Prime Minister David Cameron would want to show it had not been "co-opted" by Washington.
"Legally the UK has the right to not extradite for political crimes. Espionage is the classic case of political crimes. It is at the discretion of the UK government as to whether to apply to that exception," he said.
He said US authorities were "trying to strike a plea deal" with Bradley Manning, the US army soldier suspected of providing WikiLeaks with the cables.
Assange added that if the United States succeeded in getting him extradited from Britain or Sweden, then there was a "high chance" of him being killed "Jack Ruby-style" in an American prison.
Ruby, a nightclub owner, shot dead Lee Harvey Oswald at a police station in Dallas, Texas days after Oswald was arrested for the assassination of US President John F Kennedy in 1963.
Ruby's alleged links to organised crime sparked conspiracy theories about his involvement in an overall plot surrounding the assassination of Kennedy.
Assange has previously said that he and other WikiLeaks staff have received death threats since the website began to release a cache of about 250,000 secret US State Department cables in November.
The 39-year-old has been staying at a friend's country mansion in eastern England since his release from jail last week on strict bail conditions that include reporting to police daily and wearing an electronic tag.
A court in London is due to hold a full hearing on the Swedish extradition request starting February 7.
AFP
WikiLeaks chief Julian Assange says there is a "high chance" he would be killed in a US jail if he were to be extradited from Britain on espionage charges.
The Australian is on bail in Britain fighting a bid by Sweden to extradite him over sex assault claims, but Washington is believed to be considering how to indict him over the leaking of thousands of US diplomatic cables.
Assange told The Guardian it would be "politically impossible" for Britain to send him across the Atlantic, adding that the government of Prime Minister David Cameron would want to show it had not been "co-opted" by Washington.
"Legally the UK has the right to not extradite for political crimes. Espionage is the classic case of political crimes. It is at the discretion of the UK government as to whether to apply to that exception," he said.
He said US authorities were "trying to strike a plea deal" with Bradley Manning, the US army soldier suspected of providing WikiLeaks with the cables.
Assange added that if the United States succeeded in getting him extradited from Britain or Sweden, then there was a "high chance" of him being killed "Jack Ruby-style" in an American prison.
Ruby, a nightclub owner, shot dead Lee Harvey Oswald at a police station in Dallas, Texas days after Oswald was arrested for the assassination of US President John F Kennedy in 1963.
Ruby's alleged links to organised crime sparked conspiracy theories about his involvement in an overall plot surrounding the assassination of Kennedy.
Assange has previously said that he and other WikiLeaks staff have received death threats since the website began to release a cache of about 250,000 secret US State Department cables in November.
The 39-year-old has been staying at a friend's country mansion in eastern England since his release from jail last week on strict bail conditions that include reporting to police daily and wearing an electronic tag.
A court in London is due to hold a full hearing on the Swedish extradition request starting February 7.
WikiLeaks
is an international new media non-profit organisation that publishes submissions of private, secret, and classified media from anonymous news sources andnews leaks. Its website, launched in 2006, is run by The Sunshine Press.[4] Within a year of its launch, the site claimed its database had grown to more than 1.2 million documents.[8] The organisation has described itself as having been founded by Chinesedissidents, as well as journalists, mathematicians, and start-up company technologists from the United States, Taiwan, Europe, Australia, and South Africa.[4] Julian Assange, an Australian Internet activist, is generally described as its director.[9]
WikiLeaks has received praise as well as criticism. The organization won a number of awards, including The Economist's 2008 New Media Award.[10] In June 2009, WikiLeaks and Julian Assange won Amnesty International's UK Media Award, in the category "New Media", for the 2008 publication of "Kenya: The Cry of Blood – Extra Judicial Killings and Disappearances",[11] a report by the Kenya National Commission on Human Rights about police killings in Kenya.[12] In May 2010, New York City's Daily News listed WikiLeaks as first in a ranking of "websites that could totally change the news".[13] Julian Assange was named the Readers' Choice for TIME's Person of the Year for 2010.[14] Several U.S. government officials have criticized WikiLeaks for exposing state secrets, harming national security, and compromising international diplomacy.[15][16][17][18][19] Human rights organizations such as Amnesty International criticized WikiLeaks for not adequately redacting the names of civilians working with the U.S. military.[20] Some journalists have criticized the lack of editorial discretion when releasing thousands of documents at once and without sufficient analysis.[21] Negative public reactions in the United States have characterized the organization as irresponsible, immoral, and illegal.[22][23][24]
In April 2010, WikiLeaks posted video from a 2007 incident in which Iraqi civilians and journalists were killed by US forces, on a website called Collateral Murder. In July of the same year, WikiLeaks released Afghan War Diary, a compilation of more than 76,900 documents about the War in Afghanistan not previously available for public review.[25] In October 2010, the group released a package of almost 400,000 documents called the Iraq War Logs in coordination with major commercial media organisations. In November 2010, WikiLeaks began releasing U.S. State department diplomatic cables.
WikiLeaks was originally launched as a user-editable wiki site, but has progressively moved towards a more traditional publication model, and no longer accepts either user comments or edits. The site is available on multiple servers and different domain names following a number of denial-of-service attacks and its severance from different Domain Name System(DNS) providers.[26][27]\\
The wikileaks.org domain name was registered on 4 October 2006.
[5] The website was unveiled, and published its first document in December 2006.[28][29] The site claims to have been "founded by Chinese dissidents, journalists, mathematicians and start-up company technologists, from the US, Taiwan, Europe, Australia and South Africa".[4]The creators of WikiLeaks have not been formally identified.[30] It has been represented in public since January 2007 by Julian Assangeand others. Assange describes himself as a member of WikiLeaks' advisory board.[31] News reports in The Australian have called Assange the "founder of WikiLeaks".[32] According to Wired magazine, a volunteer said that Assange described himself in a private conversation as "the heart and soul of this organisation, its founder, philosopher, spokesperson, original coder, organiser, financier, and all the rest".[33] As of June 2009, the site had over 1,200 registered volunteers[4] and listed an advisory board comprising Assange,Phillip Adams, Wang Dan, C. J. Hinke, Ben Laurie, Tashi Namgyal Khamsitsang, Xiao Qiang, Chico Whitaker and Wang Youcai.[34]Despite appearing on the list, when contacted by Mother Jones magazine in 2010, Khamsitsang said that while he received an e-mail from WikiLeaks, he had never agreed to be an advisor.[35]
WikiLeaks states that its "primary interest is in exposing oppressive regimes in Asia, the former Soviet bloc, Sub-Saharan Africa and the Middle East, but we also expect to be of assistance to people of all regions who wish to reveal unethical behaviour in their governments and corporations."[4][36]
In January 2007, the website stated that it had over 1.2 million leaked documents that it was preparing to publish.[37] An article in The New Yorker said:
One of the WikiLeaks activists owned a server that was being used as a node for the Tor network. Millions of secret transmissions passed through it. The activist noticed that hackers from China were using the network to gather foreign governments’ information, and began to record this traffic. Only a small fraction has ever been posted on WikiLeaks, but the initial tranche served as the site’s foundation, and Assange was able to say, "[w]e have received over one million documents from thirteen countries."[29][38]
Assange responded to the suggestion that eavesdropping on Chinese hackers played a crucial part in the early days of WikiLeaks by saying "the imputation is incorrect. The facts concern a 2006 investigation into Chinese espionage one of our contacts were involved in. Somewhere between none and handful of those documents were ever released on WikiLeaks. Non-government targets of the Chinese espionage, such as Tibetan associations were informed (by us)".[39] The group has subsequently released a number of other significant documents which have become front-page news items, ranging from documentation of equipment expenditures and holdings in theAfghanistan war to corruption in Kenya.[40]
The organisation's stated goal is to ensure that whistleblowers and journalists are not jailed for emailing sensitive or classified documents, as happened to Chinese journalist Shi Tao, who was sentenced to 10 years in 2005 after publicising an email from Chinese officials about the anniversary of the Tiananmen Square massacre.[41]
The project has drawn comparisons to Daniel Ellsberg's leaking of the Pentagon Papers in 1971.[42] In the United States, the leaking of some documents may be legally protected. The U.S. Supreme Court has ruled that the Constitution guarantees anonymity, at least in the area of political discourse.[42] Author and journalist Whitley Strieber has spoken about the benefits of the WikiLeaks project, noting that "Leaking a government document can mean jail, but jail sentences for this can be fairly short. However, there are many places where it means long incarceration or even death, such as China and parts of Africa and the Middle East."[43]
On 24 December 2009, WikiLeaks announced that it was experiencing a shortage of funds[44] and suspended all access to its website except for a form to submit new material.[45] Material that was previously published was no longer available, although some could still be accessed on unofficial mirrors.[46][47] WikiLeaks stated on its website that it would resume full operation once the operational costs were covered.[45] WikiLeaks saw this as a kind of strike "to ensure that everyone who is involved stops normal work and actually spends time raising revenue".[48] While the organisation initially planned for funds to be secured by 6 January 2010,[49] it was not until 3 February 2010 that WikiLeaks announced that its minimum fundraising goal had been achieved.[50]
On 22 January 2010, PayPal suspended WikiLeaks' donation account and froze its assets. WikiLeaks said that this had happened before, and was done for "no obvious reason".[51] The account was restored on 25 January 2010.[52] On 18 May 2010, WikiLeaks announced that its website and archive were back up.[53]
As of June 2010, WikiLeaks was a finalist for a grant of more than half a million dollars from the John S. and James L. Knight Foundation,[29] but did not make the cut.[54] WikiLeaks commented, "WikiLeaks was highest rated project in the Knight challenge, strongly recommended to the board but gets no funding. Go figure”. WikiLeaks said that the Knight foundation announced the award to "'12 Grantees who will impact future of news' – but not WikiLeaks" and questioned whether Knight foundation was "really looking for impact".[54] A spokesman of the Knight Foundation disputed parts of WikiLeaks' statement, saying "WikiLeaks was not recommended by Knight staff to the board."[55] However, he declined to say whether WikiLeaks was the project rated highest by the Knight advisory panel, which consists of non-staffers, among them journalist Jennifer 8. Lee, who has done PR work for WikiLeaks with the press and on social networking sites.[55]
On 17 July, Jacob Appelbaum spoke on behalf of WikiLeaks at the 2010 Hackers on Planet Earth conference in New York City, replacing Assange because of the presence of federal agents at the conference.[56][57] He announced that the WikiLeaks submission system was again up and running, after it had been temporarily suspended.[56][58] Assange was a surprise speaker at a TED conferenceon 19 July 2010 in Oxford, and confirmed that the site had begun accepting submissions again.[59]
Upon returning to the US from the Netherlands, on 29 July, Appelbaum was detained for three hours at the airport by US agents, according to anonymous sources.[60] The sources told Cnet that Appelbaum's bag was searched, receipts from his bag were photocopied, his laptop was inspected, although in what manner was unclear.[60] Appelbaum reportedly refused to answer questions without a lawyer present, and was not allowed to make a phone call. His three mobile phones were reportedly taken and not returned.[60]On 31 July, he spoke at a Defcon conference and mentioned his phone being "seized". After speaking, he was approached by two FBIagents and questioned.[60]
Assange is quoted as acknowledging that his practice of posting largely unfiltered classified information online could one day lead the Web site to have "blood on our hands."[61]
In 2010, at least a dozen key supporters of WikiLeaks have left the website.[62]
According to a January 2010 interview, the WikiLeaks team then consisted of five people working full-time and about 800 people who worked occasionally, none of whom were compensated.[48] WikiLeaks has no official headquarters. The expenses per year are about €200,000, mainly for servers and bureaucracy, but would reach €600,000 if work currently done by volunteers were paid for.[48]WikiLeaks does not pay for lawyers, as hundreds of thousands of dollars in legal support have been donated by media organisations such as the Associated Press, Los Angeles Times, and the National Newspaper Publishers Association.[48] Its only revenue stream is donations, but WikiLeaks is planning to add an auction model to sell early access to documents.[48] According to the Wau Holland Foundation, WikiLeaks receives no money for personnel costs, only for hardware, travelling and bandwidth.[63] An article in TechEYE.net wrote
As a charity accountable under German law, donations for WikiLeaks can be made to the foundation. Funds are held in escrow and are given to WikiLeaks after the whistleblower website files an application containing a statement with proof of payment. The foundation does not pay any sort of salary nor give any renumeration [sic] to WikiLeaks' personnel, corroborating the statement of the site's former German representative Daniel Schmitt (real name Daniel Domscheit-Berg)[64] on national television that all personnel works voluntarily, even its speakers.[63]
Within WikiLeaks, there has been public disagreement between founder and spokesperson Julian Assange and Daniel Domscheit-Berg, the site's former German representative who was suspended by Assange. Domscheit-Berg announced on 28 September 2010 that he was leaving the organisation due to internal conflicts over management of the site.[65][66][64]
WikiLeaks describes itself as "an uncensorable system for untraceable mass document leaking".[67] WikiLeaks is hosted by PRQ, a Sweden-based company providing "highly secure, no-questions-asked hosting services". PRQ is said to have "almost no information about its clientele and maintains few if any of its own logs".[68] The servers are spread around the world with the central server located in Sweden.[69] Julian Assange has said that the servers are located in Sweden (and the other countries) "specifically because those nations offer legal protection to the disclosures made on the site". He talks about the Swedish constitution, which gives the information providers total legal protection.[69] It is forbidden according to Swedish law for any administrative authority to make inquiries about the sources of any type of newspaper.[70] These laws, and the hosting by PRQ, make it difficult to take WikiLeaks offline. Furthermore, "Wikileaks maintains its own servers at undisclosed locations, keeps no logs and uses military-grade encryption to protect sources and other confidential information." Such arrangements have been called "bulletproof hosting."[68][71]
On 17 August 2010, it was announced that the Swedish Pirate Party will be hosting and managing many of WikiLeaks' new servers. The party donates servers and bandwidth to WikiLeaks without charge. Technicians of the party will make sure that the servers are maintained and working.[72][73]
Some servers are hosted in an underground nuclear bunker in Stockholm.[74][75]
After the site became the target of a denial-of-service attack from a hacker on its old servers, WikiLeaks moved its site to Amazon's servers.[76] Later, however, the website was "ousted"[76] from the Amazon servers, without a public statement from the company.[citation needed] WikiLeaks then decided to install itself on the servers of OVH in France.[77] After criticism from the French government, the company sought two court rulings about the legality of hosting WikiLeaks. While the court in Lille immediately declined to force OVH to shut down the WikiLeaks site, the court in Paris stated it would need more time to examine the highly technical issue.[76][78]
WikiLeaks is based on several software packages, including
MediaWiki, Freenet, Tor, and PGP.[79] WikiLeaks strongly encouraged postings via Tor because of the strong privacy needs of its users.[80]On 4 November 2010, Julian Assange told Swiss public television TSR that he is seriously considering seeking political asylum in neutral Switzerland and setting up a WikiLeaks foundation in the country to move the operation there.[81][82] According to Assange, Switzerland and Iceland are the only countries where WikiLeaks would feel safe to operate.[83][84]
WikiLeaks is dependent on public donations since it is a non-profit organisation. Its main financing methods include conventional bank transfers and online payment systems. Wau Holland Foundation, one of the WikiLeaks' main funding channels, stated that they have received more than €900,000 (US$1.2 million) in public donations between October 2009 and December 2010, out of which €370,000 has been passed on to WikiLeaks. Hendrik Fulda, vice president of the Wau Holland Foundation, mentioned that the donations throughPayPal was twice[vague] as through normal banks, before PayPal's decision to suspend WikiLeaks' account. He also noted that donations were never as strong as when WikiLeaks started publishing leaked diplomatic cables.[85][86]
WikiLeaks had been using EveryDNS's services, which led to DDoS attacks on the host.[clarification needed] The attacks affected the quality of service at EveryDNS, so the company withdrew their service from WikiLeaks. Pro-WikiLeaks supporters retaliated by launching a DDoS attack against EveryDNS. Due to mistakes in the blogosphere, some supporters accidentally mistook EasyDNS for EveryDNS and attacked it. The attacks caused both EveryDNS and EasyDNS to experience outages. Afterwards EasyDNS decided to provide WikiLeaks its name server service.[87]
Despite using the name "WikiLeaks", the website is no longer wiki-based as of December 2010. Also, despite some popular confusion[88] due to both having the term "wiki" in their names, WikiLeaks and Wikipedia have no affiliation with each other;[89][90] i.e. "wiki" is not a brand name. Wikia, a for-profit corporation loosely affiliated with the Wikimedia Foundation, did however purchase several Wikileaks-related domain names (including "wikileaks.com" and "wikileaks.net") as a "protective brand measure" in 2007.[91]
The "about" page originally read:[92]
To the user, WikiLeaks will look very much like Wikipedia. Anybody can post to it, anybody can edit it. No technical knowledge is required. Leakers can post documents anonymously and untraceably. Users can publicly discuss documents and analyze their credibility and veracity. Users can discuss interpretations and context and collaboratively formulate collective publications. Users can read and write explanatory articles on leaks along with background material and context. The political relevance of documents and their verisimilitude will be revealed by a cast of thousands.
However, WikiLeaks established an editorial policy that accepted only documents that were "of political, diplomatic, historical or ethical interest" (and excluded "material that is already publicly available").[93] This coincided with early criticism that having no editorial policy would drive out good material with spam and promote "automated or indiscriminate publication of confidential records."[94] It is no longer possible for anybody to post to it or edit it, as the original FAQ promised. Instead, submissions are regulated by an internal review process and some are published, while documents not fitting the editorial criteria are rejected by anonymous WikiLeaks reviewers. By 2008, the revised FAQ stated that "Anybody can post comments to it. [...] Users can publicly discuss documents and analyse their credibility and veracity."[95] After the 2010 relaunch, posting new comments to leaks was no longer possible.[96]
WikiLeaks states that it has never released a misattributed document. Documents are assessed before release. In response to concerns about the possibility of misleading or fraudulent leaks, WikiLeaks has stated that misleading leaks "are already well-placed in the mainstream media. WikiLeaks is of no additional assistance."[97] The FAQ states that: "The simplest and most effective countermeasure is a worldwide community of informed users and editors who can scrutinise and discuss leaked documents."[98]
According to statements by Assange in 2010, submitted documents are vetted by a group of five reviewers, with expertise in different fields such as language or programming, who also investigate the background of the leaker if his or her identity is known.[99] In that group, Assange has the final decision about the assessment of a document.[99]
The legal status of WikiLeaks is complex. Assange considers WikiLeaks a whistleblower protection intermediary. Rather than leaking directly to the press, and fearing exposure and retribution, whistleblowers can leak to WikiLeaks, which then leaks to the press for them.[100] Its servers are located throughout Europe and are accessible from any uncensored web connection. The group located its headquarters in Sweden because it has one of the world’s strongest shield laws to protect confidential source-journalist relationships.[101][102] WikiLeaks has stated that they "do not solicit any information".[101] However, Assange used his speech during the Hack In The Box conference in Malaysia to ask the crowd of hackers and security researchers to help find documents on its "Most Wanted Leaks of 2009" list.[103]
The U.S. Justice Department opened a criminal probe of Wikileaks and founder Julian Assange shortly after the leak of diplomatic cables began.[104][105] Attorney General Eric Holder affirmed the probe was “not saber-rattling”, but was "an active, ongoing criminal investigation."[105] The The Washington Post reported that the department was considering charges under the Espionage Act, a move which former prosecutors characterised as "difficult" because of First Amendment protections for the press.[104][106] Several Supreme Court cases have previously established that the American constitution protects the re-publication of illegally gained information provided the publishers did not themselves break any laws in acquiring it.[107] Federal prosecutors have also considered prosecuting Assange for trafficking in stolen government property, but since the diplomatic cables are intellectual rather than physical property, that approach also faces hurdles.[108] Any prosecution of Assange would require extraditing him to the United States, a step made more complicated and potentially delayed by any preceding extradition to Sweden.[109] One of Assange's lawyers, however, says they are fighting extradition to Sweden because it might lead to his extradition to the United States.[110] Assange's attorney, Mark Stephens, has "heard from Swedish authorities there has been a secretly empaneled grand jury in Alexandria [Virginia]" meeting to consider criminal charges in the WikiLeaks case.[111]
In Australia, the government and the Australian Federal Police have not stated what Australian laws may have been broken by WikiLeaks, but Julia Gillard has stated that the foundation of Wikileaks and the stealing of classified documents from the US administration is illegal in foreign countries.[112] Gillard later clarified her statement as referring to "the original theft of the material by a junior US serviceman rather than any action by Mr Assange."[113] Spencer Zifcak, President of Liberty Victoria, an Australian civil liberties group, notes that with no charge, and no trial completed, it is inappropriate to state that WikiLeaks is guilty of illegal activities.[114]
On threats by various governments toward Assange, legal expert Ben Saul argues that founder Julian Assange is the target of a global smear campaign to demonise him as a criminal or as a terrorist, without any legal basis.[115]
On 29 July 2010, WikiLeaks added a 1.4 GB "Insurance File" to the Afghan War Diary page. The file is AES encrypted and has been speculated to serve as insurance in case the WikiLeaks website or its spokesman Julian Assange are incapacitated, upon which thepassphrase could be published, similar to the concept of a dead man's switch.[116][117] Following the first few days' release of the US diplomatic cables starting 28 November 2010, the US television broadcaster CBS predicted that "If anything happens to Assange or the website, a key will go out to unlock the files. There would then be no way to stop the information from spreading like wildfire because so many people already have copies."[118] CBS correspondent Declan McCullagh stated, "What most folks are speculating is that the insurance file contains unreleased information that would be especially embarrassing to the US government if it were released."[118]
According to The Times, WikiLeaks and its members have complained about continuing harassment and surveillance by law enforcement and intelligence organisations, including extended detention, seizure of computers, veiled threats, “covert following and hidden photography.”[119] Two lawyers for Julian Assange in the United Kingdom told The Guardian that they believed they were being watched by the security services after the US cables leak.[120]
The home of Theodor Reppe, registrant of the German WikiLeaks domain name, wikileaks.de, was raided on 24 March 2009 after WikiLeaks released the Australian Communications and Media Authority (ACMA) censorship blacklist.[121] The site was not affected.[122][123]
Wikileaks's website claims that the government of the People's Republic of China has attempted to block all traffic to web sites with "wikileaks" in the URL since 2007, but that this can be bypassed through encrypted connections or by using one of Wikileaks's many covert URLs.[124]
On 16 March 2009, the Australian Communications and Media Authority added WikiLeaks to their proposed blacklist of sites that will be blocked for all Australians if the mandatory internet filtering censorship scheme is implemented as planned.[125][126] The blacklisting was removed 30 November 2010.[127]
The Centre for the Resolution of the Emergency Situation (CRES) is currently censoring the website WikiLeaks in Thailand[128] and more than 40,000 other webpages[129] because of the emergency decree in Thailand imposed as a result of political instabilities (Emergency decree declared beginning of April 2010[130]).
Access to WikiLeaks is currently blocked in the United States Library of Congress.[131] On 3 December 2010 the White House Office of Management and Budget sent a memo forbidding all unauthorised federal government employees and contractors from accessing classified documents publicly available on WikiLeaks and other websites.[132] The U.S. Army, the Federal Bureau of Investigation and the Justice Department are considering criminally prosecuting WikiLeaks and Assange "on grounds they encouraged the theft of government property",[133] although former prosecutors say doing so would be difficult.[106] According to a report on the Daily Beast website, the Obama administration asked Britain, Germany and Australia among others to also consider bringing criminal charges against Assange for the Afghan war leaks and to help limit Assange's travels across international borders.[134]
After the release of the 2007 airstrikes video and as they prepared to release film of the Granai airstrike, Julian Assange has said that his group of volunteers came under intense surveillance. In an interview and Twitter posts he said that a restaurant in Reykjavík where his group of volunteers met came under surveillance in March; there was "covert following and hidden photography" by police and foreignintelligence services; that an apparent British intelligence agent made thinly veiled threats in a Luxembourg car park; and that one of the volunteers was detained by police for 21 hours. Another volunteer posted that computers were seized, saying "If anything happens to us, you know why ... and you know who is responsible."[119] According to the Columbia Journalism Review, "the Icelandic press took a look at Assange’s charges of being surveilled in Iceland [...] and, at best, have found nothing to substantiate them."[135]
In August 2009, Kaupthing Bank succeeded in obtaining a court order gagging Iceland’s national broadcaster, RÚV, from broadcasting a risk analysis report showing the bank's substantial exposure to debt default risk. This information had been leaked by a whistleblower to WikiLeaks and remained available on the WikiLeaks site; faced with an injunction minutes before broadcast the channel ran with a screen grab of the WikiLeaks site instead of the scheduled piece on the bank. Citizens of Iceland felt outraged that RÚV was prevented from broadcasting news of relevance.[136] Therefore, WikiLeaks has been credited with inspiring the Icelandic Modern Media Initiative, a bill meant to reclaim Iceland's 2007 Reporters Without Borders (Reporters sans frontières) ranking as first in the world for free speech. It aims to enact a range of protections for sources, journalists, and publishers.[137][138] Birgitta Jónsdóttir, a former volunteer for WikiLeaks and member of the Icelandic parliament, is the chief sponsor of the proposal.
WikiLeaks claimed in April 2010 that Facebook deleted their fan page, which had 30,000 fans.[139][140][141] However, as of 7 December 2010 the group's Facebook fan page was available and had grown by 100,000 fans daily since 1 December,[142] to more than 1,300,000 fans. It is also the largest growth of the week.[143] Regarding the presence of WikiLeaks on Facebook, Andrew Noyes, the company's D.C. based Manager of Public Policy Communications has stated "the Wikileaks Facebook Page does not violate our content standards nor have we encountered any material posted on the page that violates our policies."[144]
In October 2010, it was reported that Moneybookers, which collected donations for WikiLeaks, had ended its relationship with the site. Moneybookers stated that its decision had been made "to comply with money laundering or other investigations conducted by government authorities, agencies or commissions."[145]
Following the US diplomatic cables leak, which started on 28 November 2010, several companies severed ties with WikiLeaks. After providing 24-hour notification, American owned EveryDNS dropped WikiLeaks from its entries on 2 December 2010, citing DDoS attacks that "threatened the stability of its infrastructure".[26][146] The site's 'info' DNS lookup remained operational at alternative addresses for direct access respectively to the WikiLeaks and Cablegate websites.[147] On the same day, Amazon.com severed its ties with WikiLeaks, to which it was providing infrastructure services, after an intervention by an aide of U.S. Senator Joe Lieberman.[7][148][149]Amazon denied acting under political pressure citing a violation of its terms of service.[150] Citing indirect pressure from the U.S. Government, Tableau Software also dropped WikiLeaks' data from its site for people to use for data visualisation.[151][152]
In the days following, hundreds of (and eventually more than a thousand[153]) mirrors of the WikiLeaks site appeared and the Anonymousgroup of internet activists, called on supporters to attack the websites of companies which do not support WikiLeaks,[154] under the banner of Operation Payback, previously aimed at anti-piracy organisations.[155] AFP reported that attempts to shut down the wikileaks.org address had lead to the site surviving via the so-called Streisand effect, whereby attempts to censor information online leads to it being replicated in many places.[156]
On 3 December, PayPal, the payment processor owned by eBay, permanently cut off the account of the Wau Holland Foundation that had been redirecting donations to WikiLeaks. PayPal alleged that the account violated its "Acceptable Use Policy", specifically that it was used for "activities that encourage, promote, facilitate or instruct others to engage in illegal activity."[157][158] The Vice President of PayPal later stated that they stopped accepting payments after the “State Department told us these were illegal activities. It was straightforward.” Later the same day, he said that his previous statement was incorrect, and that it was in fact based on a letter from the State Department to WikiLeaks.[159] On 8 December 2010, the Wau Holland Foundation released a press statement, saying it has filed a legal action against PayPal for blocking its account used for WikiLeaks payments and for libel due to PayPal's allegations of "illegal activity".[160]
On 6 December, the Swiss bank, PostFinance, announced that it had frozen the assets of Assange that it holds, totalling 31,000 euros. In a statement on their website, they stated that this was because Assange "provided false information regarding his place of residence" when opening the account.[161] WikiLeaks released a statement saying this was due to that Assange, "as a homeless refugee attempting to gain residency in Switzerland, had used his lawyer's address in Geneva for the bank's correspondence".[162] On the same day, MasterCard announced that it "is taking action to ensure that WikiLeaks can no longer accept MasterCard-branded products", adding "MasterCard rules prohibit customers from directly or indirectly engaging in or facilitating any action that is illegal."[163] The next day, Visa Inc. announced it was suspending payments to WikiLeaks, pending "further investigations".[164] In a move of support for WikiLeaks, XIPWIRE established a way to donate to WikiLeaks, and waived their fees.[165] Datacell, the Swiss-based IT company that enabled WikiLeaks to accept credit card donations, announced that it will take legal action against Visa Europe and Mastercard, in order to resume allowing payments to the website.[166]
On 7 December 2010, The Guardian stated that people can still donate to WikiLeaks via Commerzbank Kassel in Germany orLandsbanki in Iceland or by post to a post office box at the University of Melbourne or at the wikileaks.ch domain.[167]
The UN High Commissioner for Human Rights Navi Pillay has highlighted that Visa, Mastercard and Amazon may be 'violating WikiLeaks' [e pluribus unum] right to freedom of expression' by withdrawing their services.[168]
In July 2010 Veterans for Peace president Mike Ferner editorialised on the group's website "neither Wikileaks nor the soldier or soldiers who divulged the documents should be prosecuted for revealing this information. We should give them a medal."[171]
Documentary filmmaker John Pilger wrote an August 2010 editorial in the Australian publication Green Left titled "Wikileaks Must Be Defended." In it, Pilger said WikiLeaks represented the interests of "public accountability" and a new form of journalism at odds with "the dominant section ... devoted merely to taking down what cynical and malign power tells it."[172]
Daniel Ellsberg, the man who released the Pentagon Papers in 1971, has been a frequent defender of WikiLeaks. Following the November 2010 release of U.S. diplomatic cables, Ellsberg rejected criticism that the site was endangering the lives of U.S. military personnel and intelligence assets stating "not one single soldier or informant has been in danger from any of the WikiLeaks releases. That risk has been largely overblown."[169] Ellsberg went on to note that government claims to the contrary were "a script that they roll out every time there's a leak of any sort."[170] Following the US diplomatic cable release, which a number of media reports sought to differentiate from Ellsberg's whistleblowing,[173] Ellsberg claimed, "EVERY attack now made on WikiLeaks and Julian Assange was made against me and the release of the Pentagon Papers at the time."[174]
On 3 December 2010 Republican Congressman of Texas, Ron Paul, spoke out publicly during a Fox Business interview in support of Wikileaks founder, Julian Assange; "In a free society we're supposed to know the truth," Paul said. "In a society where truth becomes treason, then we're in big trouble." Paul went on to state, "Why don't we prosecute The New York Times or anybody that releases this?"[175] In another speech at US House of Representatives Paul again defended WikiLeaks against criticism for revealing the truth and warned the US administration that "lying is not patriotic".[176]
Fellow Republican congressman Connie Mack IV of Florida also praised WikiLeaks, stating that Americans have a right to know the contents of the leaks, “no matter how we acquire that knowledge.”[177]
Australia’s most senior and high-profile media professionals expressed their support for WikiLeaks in a letter to Australian Prime Minister Julia Gillard.[178] The letter was initiated by the Walkley Foundation, who present the yearly Walkley Awards for Excellence in Journalism. The letter was signed by "the ten members of the Walkley Advisory Board as well as editors of major Australian newspapers and news websites and the news directors of the country’s three commercial TV networks and two public broadcasters." Their position (an extract from the letter) is summarized as follows:
“In essence, WikiLeaks, an organisation that aims to expose official secrets, is doing what the media have always done: bringing to light material that governments would prefer to keep secret. It is the media’s duty to responsibly report such material if it comes into their possession. To aggressively attempt to shut WikiLeaks down, to threaten to prosecute those who publish official leaks, and to pressure companies to cease doing commercial business with WikiLeaks, is a serious threat to democracy, which relies on a free and fearless press.”[179]
Following the November 2010 leak of United States diplomatic cables The Atlantic, in a staff editorial, opined "Wikileaks is a powerful new way for reporters and human rights advocates to leverage global information technology systems to break the heavy veil of government and corporate secrecy that is slowly suffocating the American press." Calling legal and physical threats against WikiLeaks volunteers "shameful" the magazine went on to state, "Not since President Richard Nixon directed his minions to go after Pentagon Papers leaker Daniel Ellsberg and New York Times reporter Neil Sheehan ... has a working journalist and his source been subjected to the kind of official intimidation and threats that have been directed at Assange and Manning by high-ranking members of the Obama Administration."[180]
On 4 December 2010, Reporters Without Borders condemned the "blocking, cyber-attacks and political pressure" being directed at WikiLeaks. The organisation is also concerned by some of the extreme comments made by American authorities concerning WikiLeaks and its founder Julian Assange.[181]
In an article titled "Only WikiLeaks can save US policy" published on the online foreign affairs magazine The Diplomat, former long-time CIA counter-terrorism expert Michael Scheuer said the source of interest in WikiLeaks revelations was in the inherent dishonesty of recent U.S. administrations. "In recent years, the US public has had to hear its leaders repeatedly tell Americans that black was white," Scheuer wrote, referencing the presidencies of Bill Clinton, George W. Bush and Barack Obama.[182]
Evan Hughes, editor-in-chief of wired.com published his support for WikiLeaks in an online editorial titled "Why WikiLeaks is Good for America." Despite an often contentious relationship between Wired and WikiLeaks, with the former having being accused by the latter of complicity in the identification and arrest of Bradley Manning, Hughes argued that "WikiLeaks stands to improve our democracy, not weaken it." He went on to note that "The greatest threat we face right now from WikiLeaks is not the information it has spilled and may spill in the future, but the reactionary response to it that’s building in the United States that promises to repudiate the rule of law and our free speech traditions, if left unchecked."[183]
The New York Times reported that over 200 WikiLeaks mirror sites sprang up after some hosting companies cut their services to the company.[184] On 5 December, a group of activists and hackers known as "Anonymous" called upon supporters to attack sites of companies that oppose WikiLeaks as part of Operation Avenge Assange.[185] Paypal has been targeted following their decision to stop processing donations for Wikileaks.[186][187]Gregg Housh, who previously worked on other projects with Anonymous, said that he had noticed an organised attempt taking place to attack companies that have not supported WikiLeaks. In reference to the support being shown for Wikileaks, Mr. Housh said; "The reason is amazingly simple, we all believe that information should be free, and the Internet should be free."[154] On 8 December 2010, Paypal website was victim of a Denial-of-service attack by Anonymous.[188][189][190] Later that day, Paypal announced in their blog that they will release all remaining funds in the account to the foundation that was raising funds for WikiLeaks.[191][192] On the same day, the websites of Visa and Mastercard were attacked by WikiLeaks supporters. By then over 1,200 mirror sites had been set up for hosting content no longer accessible at WikiLeaks.com. Anonymous also issued a fresh statement; "While we don't have much of an affiliation with WikiLeaks, we fight for the same reasons. We want transparency, and we counter censorship...This is why we intend to utilise our resources to raise awareness, attack those against, and support those who are helping lead our world to freedom and democracy."[193]
The Internet Society (ISOC) stated that despite the international concern about the content released by WikiLeaks, "we nevertheless believe it must be subject to the same laws and policies of availability as all Internet sites" and that “free expression should not be restricted by governmental or private controls over computer hardware or software, telecommunications infrastructure, or other essential components of the Internet”. ISOC also called for appropriate action to "pursue and prosecute entities (if any) that acted maliciously to take it [WikiLeaks] off the air” because suppressing communication would merely serve to “undermine the integrity of the global Internet and its operation”.[194]
On 8 December 2010 the international civic organisation Avaaz launched a petition in support of WikiLeaks, which was signed by over 250 thousand people within the first few hours, the total number went up to 600 thousand by 15 December 2010.[195][196][197]
In early December 2010, Noam Chomsky offered his support to protesters across Australia planning to take to the streets in defence of WikiLeaks.[198]
On 14 December 2010, Michael Moore offered $20,000 to help bail Assange out of jail.[199][200]
In 2008, Index on Censorship presented WikiLeaks with their inaugural Economist New Media Award.
In 2009, Amnesty International awarded WikiLeaks their Media Award for exposing "extra judicial killings and disappearances" in Kenya.[201]
Brazil: President Luiz Inácio Lula da Silva expressed his "solidarity" with Julian Assange following Assange's 2010 arrest in the United Kingdom. Lula went on to state—in reference to WikiLeaks disclosure of classified US diplomatic cables in November and December 2010—WikiLeaks had "exposed a diplomacy that had appeared unreachable."[202][203] He further criticised the arrest of Julian Assange as "an attack on freedom of expression".[204]
Ecuador: In late November 2010 a representative of the government of Ecuador made what was, apparently, an unsolicited public offer to Julian Assange to establish residency in Ecuador. Deputy Foreign Minister Kinto Lucas stated "we are going to invite him to come to Ecuador so he can freely present the information he possesses and all the documentation, not just on the Internet, but in various public forums."[205] Lucas went on to state his praise for WikiLeaks and Assange calling them "[people] who are constantly investigating and trying to get light out of the dark corners of [state] information."[206] The following day, however, president Rafael Correadistanced his administration from the offer stating that Lucas had been speaking for himself and not on the government's behalf. Correa then criticised Assange for "breaking the laws of the United States and leaking this type of information."[207]
Russia: In December 2010 the office of Russian president Dmitry Medvedev issued a statement calling on non-governmental organisations to consider "nominating [Julian] Assange as a Nobel Prize laureate." The announcement followed commentary by Russian ambassador to NATO Dmitry Rogozin who stated that Julian Assange's earlier arrest on Swedish charges demonstrated that there was "no media freedom" in the west.[208]
Venezuela: Hugo Chávez, president of Venezuela, stated his support for WikiLeaks following the release of US diplomatic cables in November 2010 that showed the United States had tried to rally support from regional governments to isolate Venezuela. "I have to congratulate the people of WikiLeaks for their bravery and courage," Chávez commented in televised remarks.[209]
United Nations: In December 2010 United Nations Special Rapporteur for Freedom of Opinion and Expression Frank LaRue stated he agreed with the idea that Julian Assange was a "martyr for free speech." LaRue went on to say Assange or other WikiLeaks staff should not face legal accountability for any information they disseminated, noting that, "if there is a responsibility by leaking information it is of, exclusively of the person that made the leak and not of the media that publish it. And this is the way that transparency works and that corruption has been confronted in many cases."[210] High Commissioner for Human Rights Navi Pillay subsequently voiced concern at the revelation that private companies were being pressured by states to sever their relationships with WikiLeaks.[211]
WikiLeaks has attracted criticism from a variety of sources.[212]
In 2007 John Young, operator of Cryptome, left his position on the WikiLeaks Board of Directors accusing the group of being a "CIA conduit". Young subsequently retreated from his assertion but has continued to be critical of the site.[213] In a 2010 interview withCNET.com Young accused the group of a lack of transparency regarding their fundraising and financial management. He went on to state his belief that WikiLeaks could not guarantee whistleblowers the anonymity or confidentiality they claimed and that he "would not trust them with information if it had any value, or if it put me at risk or anyone that I cared about at risk."[214]
Citing the leaking of the sorority rituals of Alpha Sigma Tau, Steven Aftergood has opined that WikiLeaks "does not respect the rule of law nor does it honour the rights of individuals." Aftergood went on to state that WikiLeaks engages in unrestrained disclosure of non-governmental secrets without compelling public policy reasons and that many anti-corruption activists were opposed to the site's activities.[215]
In 2010, Amnesty International joined several other human rights groups criticising WikiLeaks for not adequately redacting the names of Afghan civilians working as U.S. military informants from files they had released. Julian Assange responded by offering Amnesty International staff the opportunity to assist in the document vetting process. When Amnesty International appeared to express reservations in accepting the offer, Assange dismissed the group as "people who prefer to do nothing but cover their asses." Other groups that joined Amnesty International in criticising WikiLeaks subsequently noted that, despite their displeasure over the issue of civilian name redaction, they generally appreciated WikiLeaks's work.[216]
In an August 2010 open letter, the non-governmental organisation Reporters Without Borders praised WikiLeaks' past usefulness in exposing "serious violations of human rights and civil liberties" but criticised the group over a perceived absence of editorial control, stating "indiscriminately publishing 92,000 classified reports reflects a real problem of methodology and, therefore, of credibility. Journalistic work involves the selection of information. The argument with which you defend yourself, namely that WikiLeaks is not made up of journalists, is not convincing."[217] The group subsequently clarified their statement as a criticism of WikiLeaks release procedure and not the organisation itself, stating "we reaffirm our support for Wikileaks, its work and its founding principles."[218]
On 30 November 2010, former Canadian government adviser Tom Flanagan, while appearing on the CBC television program "Power & Politics", called for Julian Assange to be killed. "I think Assange should be assassinated," Flanagan stated, before noting to host Evan Solomon, "I'm feeling pretty manly today." Flanagan subsequently retracted his call for the death of Assange while reiterating his opposition to WikiLeaks.[219] Dimitri Soudas, spokesman to Prime Minister Stephen Harper, decried Flanagan's comments and said the former Tory strategist's remarks are "simply not acceptable." Ralph Goodale, Deputy Leader of the Liberal Party in the House of Commons, called Flanagan's remarks "clearly contrary to the Canadian Charter of Rights and Freedoms."[220]
Russian investigative reporter Andrei Soldatov has criticised WikiLeaks for disclosing documents "without checking of the facts, without putting them in context, and without analysing them.” Soldatov believes WikiLeaks is "filling the gap" left by the decline of investigative journalism with a sensationalist alternative while journalistic support of WikiLeaks is motivated by anger over declining funding and resources for investigative reporting.[221]
Contrary Views. A number of authors contend that Wikileaks, contrary to appearances, is actually a charade or intelligence agency disinformation ploy conducting psychological warfare. They point to the effects on mobilizing public opinion against freedom of information and to allegations in the purported leaks which incriminate targets of US foreign policy, such as Iran. Notable critics in this vein include Michel Chossudovsky[222] and F. William Engdahl.[223]
Wikipedia co-founder Larry Sanger has said: "Speaking as Wikipedia's co-founder, I consider you enemies of the U.S.—not just the government, but the people." [224]
According to a telephone survey of 1,029 US residents age 18 and older, conducted by the Marist Institute for Public Opinion in December 2010, Americans are overwhelmingly critical of WikiLeaks. The poll found that 70 percent of respondents – particularlyRepublicans and older people – think the leaks are doing more harm than good by allowing America's enemies to see confidential and secret information about U.S. foreign policy. Just 22 percent – especially young liberals – think the leaks are doing more good than harm by making the U.S. government more transparent and accountable. A majority of 59 percent also wants to see the people behind WikiLeaks prosecuted, while 31 percent said the publication of secrets is protected under the First Amendment guarantee of a free press.[225]
Most of the governments and organisations whose files have been leaked by WikiLeaks have been critical of the organisation.
Following the initial releases of US diplomatic cables, a number of other sites based on the WikiLeaks model were borne.[241]
WikiLeaks posted its first document in December 2006, a decision to assassinate government officials signed by Sheikh Hassan Dahir Aweys."[29] In August 2007, The Guardian published a story about corruption by the family of the former Kenyan leader Daniel arap Moibased on information provided via WikiLeaks.[242] In November 2007, a March 2003 copy of Standard Operating Procedures for Camp Delta detailing the protocol of the U.S. Army at the Guantanamo Bay detention camp was released.[243] The document revealed that some prisoners were off-limits to the International Committee of the Red Cross, something that the U.S. military had in the past repeatedly denied.[244] In February 2008, WikiLeaks released allegations of illegal activities at the Cayman Islands branch of the Swiss Bank Julius Baer which led to the bank suing WikiLeaks and obtaining an injunction which temporarily shut down wikileaks.org.[245] The site was instantly mirrored by supporters and later that month the judge overturned his previous decision citing First Amendmentconcerns and questions about legal jurisdiction.[246][247] In March 2008, WikiLeaks published what they referred to as "the collected secret 'bibles' of Scientology," and three days later received letters threatening to sue them for breach of copyright.[248] In September 2008, during the 2008 United States presidential election campaigns, the contents of a Yahoo account belonging to Sarah Palin (the running mate of Republican presidential nominee John McCain) were posted on WikiLeaks after being hacked into by members ofAnonymous.[249] In November 2008, the membership list of the far-right British National Party was posted to WikiLeaks, after briefly appearing on a blog.[250] A year later, on October 2009, another list of BNP members was leaked.[251]
In January 2009, WikiLeaks released 86 telephone intercept recordings of Peruvian politicians and businessmen involved in the 2008 Peru oil scandal.[252] In February, WikiLeaks released 6,780 Congressional Research Service reports[253] follwed in March, by a list of contributors to the Norm Coleman senatorial campaign[254][255] and a set of documents belonging to Barclays Bank that had been ordered removed from the website of The Guardian.[256] In July, they released a report relating to a serious nuclear accident that had occurred at the Iranian Natanz nuclear facility in 2009.[257] Later media reports have suggested that the accident was related to theStuxnet computer worm.[258][259] In September, internal documents from Kaupthing Bank were leaked, from shortly before the collapse of Iceland's banking sector, which led to the 2008–2010 Icelandic financial crisis. The document shows that suspiciously large sums of money were loaned to various owners of the bank, and large debts written off.[260] In October, Joint Services Protocol 440, a British document advising the security services on how to avoid documents being leaked was published by WikiLeaks.[261] Later that month, they announced that a super-injunction was being used by the commodities company, Trafigura to gag The Guardian newspaper from reporting on a leaked internal document regarding a toxic dumping incident in the Ivory Coast.[262][263] In November, they hosted copies of e-mail correspondence between climate scientists, although they were not originally leaked to WikiLeaks.[264] They also released 570,000 intercepts of pager messages sent on the day of the 11 September attacks.[265] During 2008 and 2009, WikiLeaks published the alleged lists of forbidden or illegal web addresses for Australia, Denmark and Thailand. These were originally created to prevent access to child pornography and terrorism, but the leaks revealed that other sites covering unrelated subjects were also listed.[266][267][268]
In March 2010, WikiLeaks released a secret 32-page U.S. Department of Defense Counterintelligence Analysis Report written in March 2008 discussing the leaking of material by WikiLeaks and how it could be deterred.[269][270] In April, a classified video of the 12 July 2007 Baghdad airstrike was released, showing two Reuters employees being fired at, after the pilots mistakenly thought the men were carrying weapons, which were in fact cameras.[271] In the week following the release, "Wikileaks" was the search term with the most significant growth worldwide in the last seven days as measured by Google Insights.[272] In June 2010, A 22-year-old US Army intelligence analyst, PFC (formerly SPC) Bradley Manning, was arrested after alleged chat logs were turned in to the authorities by former hacker Adrian Lamo, in whom he had confided. Manning reportedly told Lamo he had leaked the "Collateral Murder" video, in addition to a video of the Granai airstrike and around 260,000 diplomatic cables, to WikiLeaks.[273] In July, WikiLeaks released 92,000 documents related to the war in Afghanistan between 2004 and the end of 2009 to The Guardian, The New York Times and Der Spiegel. The documents detail individual incidents including friendly fire and civilian casualties.[274] At the end of July, a 1.4 GB "insurance file" was added to the Afghan War Diary page, whose decryption details would be released if WikiLeaks or Assange were harmed.[116] About 15,000 of the 92,000 documents have not yet been released on WikiLeaks, as the group is currently reviewing the documents to remove some of the sources of the information. WikiLeaks asked the Pentagon and human-rights groups to help remove names from the documents to reduce the potential harm caused by their release, but did not receive assistance.[275] Following the Love Parade stampede in Duisburg, Germany on 24 July 2010, a local published internal documents of the city administration regarding the planning of Love Parade. The city government reacted by acquiring a court order on 16 August forcing the blog to remove the documents from its blog.[276] On 20 August WikiLeaks released a publication titled Loveparade 2010 Duisburg planning documents, 2007–2010, which comprised 43 internal documents regarding the Love Parade 2010.[277][278] Following on from the leak of information from the Afghan War, in October 2010, around 400,000 documents relating to the Iraq War where released in October. The BBC quoted The Pentagonreferring to the Iraq War Logs as "the largest leak of classified documents in its history." Media coverage of the leaked documents focused on claims that the U.S. government had ignored reports of torture by the Iraqi authorities during the period after the 2003 war.[279]
On 28 November WikiLeaks and five major newspapers from Spain (El País), France (Le Monde), Germany (Der Spiegel), the United Kingdom (The Guardian), and the United States (The New York Times) started to simultaneously publish the first 220[280] of 251,287 leaked confidential—but not top secret—diplomatic cables from 274 embassies dated from 1966–2010.[281] WikiLeaks plans to release the entirety of the cables in phases over several months.[281]
The contents of the diplomatic cables include numerous unguarded comments and revelations: critiques and praises about the host countries of various US embassies, discussion and resolutions towards ending ongoing tension in the Middle East, efforts and resistance towards nuclear disarmament, actions in the War on Terror, assessments of other threats around the world, dealings between various countries, US intelligence and counterintelligence efforts, and other diplomatic actions. Reactions to the United States diplomatic cables leak include stark criticism, anticipation, commendation, and quiescence.
In May 2010, WikiLeaks said they had video footage of a massacre of civilians in Afghanistan by the US military which they were preparing to release.[119][282]
In an interview with Chris Anderson on 19 July 2010, Assange showed a document WikiLeaks had on an Albanian oil well blowout, and said they also had material from inside BP,[283] and that they were "getting enormous quantity of whistle-blower disclosures of a very high calibre"[284] but added that they have not been able to verify and release the material because they do not have enough volunteer journalists.[285]
In October 2010, Assange told a leading Moscow newspaper that "The Kremlin had better brace itself for a coming wave of WikiLeaks disclosures about Russia."[286][287] Assange later clarified: "we have material on many businesses and governments, including in Russia. It’s not right to say there’s going to be a particular focus on Russia".[288]
In a 2009 Computer World interview, Assange claimed to be in possession of "5GB from Bank of America", and in 2010 told Forbesmagazine that WikiLeaks was planning another "megaleak" for early in 2011, which this time would be from inside the private sector and involve "a big U.S. bank". Bank of America's stock price fell by three percent as a result of this announcement.[289][290] Assange commented on the possible impact of the release that ”it could take down a bank or two.”[291][292]
In December 2010, Assange's lawyer, Mark Stephens, told The Andrew Marr Show on the BBC, that WikiLeaks had information it considers to be a "thermo-nuclear device" which it would release if the organisation needs to defend itself.[293]
Julian Assange Enemy of the State Hero of the People
By Lucy Carne LONDON
SEEDS OF CHANGE: Julian Assange the boy and the thorn in the side of governments, and a rally by his Brisbane supporters this week
In front of an adoring crowd at the Frontline journalist’s club in London last month, Australia Julian Assange explained why he’s risking the wrath of the world’s most powerful governments.
In his face could still be seen traces of the sweet natured, sensitive little boy his Sunshine Coast-based mother has described and, smiling, the Queensland born 39 year old leaned into the microphone.
“They say I enjoy crushing bastards and. Yes, that’s part of my motivation,” Assange said.
“For some reason, the White House finds that offensive.”
Today, the founder if whistle blowing website WikiLeaks and the man on whom the world’s spotlight is focused, sits is a grey tracksuit in one of western Europe’s biggest prsions.
This week he was remanded in custody of rape, sexual assault and unlawful coercion stemming from alleged non-consensual sex without a condom with two women in Sweden.
Assange’s imprisonment, after he handed himself in, was met with relief in the US, where authorities were angered by his website’s release of embarrassing diplomatic cables last week.
The man who kicked the hornets’ nest had been silences they thought.
“I hadn’t heard that but it sounds like good news to me,” US Defence Secretary Robert Gates said on being told of Assange’s arrest.
But while Assange grows restless behind bars – he has already complained about the “boring” daytime television and his request to be reunited with his own laptop has been denied – a global groundswell of support has grown.
The strongest act of revenge is coming from a group of ”hacktivists” known as Anomymous, which temporariiy shut down the websites of US and Swedish corporations this week.
The group also froze the websites of credit-card companies Visa and Mastercard,n which had cancelled financial donations to WikiLeaks.
Post Finance – the Swiss bank that froze Assange’s private account – was disabled too, as was the Swedish prosecution office and the Swedish lawyers representing the two women who claim to have been sexually assaulted by Assange.
The Anonymous group’s spokesman, known only as Coldblood, told reports they had not met Assange and were not connected to his organization but felt the need to defend him.
“If we let WikiLeaks fall without a fight then government will think they can just take down any sites they wish or disagree with,” Coldblood said.
In Brisbane on Thursday, some 300 protestors took to the streets in anger at Assange’s imprisonment.
Protests in London were due to be held today.
More than 35,000 people have joined a Facebook group to support Assange, with calls for all members to donate to his legal fund, while around 28,000 Australians have signed a letter to US President BARACK Obama supporting him.
In an open letter published yesterday, prominent supports, including Australia documentary film maker John Pilger, Minty Python member Terry Jones, English actress Miriam Margolyes and author Iain Banks, call for his immediate release from jail
Assange’s unusually harsh imprisonment for allegedly ignoring two women’s requests to use contraception has caused this sudden swell of skepticism and fury.
Many believe it is a flimsy excuse to keep Assange, who was placed on Interpol’s most wanted list, within reach of the US Justice Department so it can prosecute him under the Espionage Act.
Even while he is hailed by the public as a champion of transparency, to the governments of Australia and the US he remains a menace. To them he is not an innocent messenger but an anti-government terrorist who wants to harm the US and governments across the world.
Australian Prime Minister Julia Gillard labeled WikiLeaks’s activities illegal but, despite calls for her to do so, has failed to outline any Australian law that Assange has broken.
Federal Attorney-General Robert McClelland also has stood by his condemnation of Assange, while arch-conservative US politician Sarah Palin called him an anti-American operative with blood on his hands.”
How did the tousled-haired boy in overalls grow up to become an Andy Warhol-esque hero of the people.
“Hr can seem – with his spectral white hair, pa8iled skin, cool eyes, and expansive forehead – like a rail thin being who has rocketed to Earth to deliver humanity some hidden truth,” The New Yorker wrote in June.
Born in Townsville in 1971, Assange has described his childhood as “pretty Tom Sawyer”’ filled with horseriding, building rafts and fishing.
I was, however, far from Idyllic. By the age od 14, his family had moved 37 times, living everywhere from Magnetic Island to Byron Bay. It set the scene for his future nomadic life.
The young boy was home schooled, sporadically educated by university professors and even taught himself in hours spent alone in council libraries.
But his life changed when his mother’s abusive boyfriend tried to gain custody of Assange’s half brother in order to submit him to religious sect The Family.
His mother and her young family “disappeared”, constantly moving, never leaving a trail.
But at the age of 16, in 1987, Assange got a computer and modem and his life was suddenly transformed.
He embraced the random problem-solving and solace if life as a computer hacker.
“We were bright sensitive kinds who didn’t fit the dominant subculture and fiercely castigated those who did as irredeemable boneheads,” he wrote of himself and a teenage friend.
He was arrested in the early 1990’sw for hacking into the computer system of a major Canadian telecommunications company, but avoided a prison sentence of up to 10 years.
A brief spell in hospital for depression soon followed, as well as time spent living rough in the Dandenong Ranges National Park in Victoria and a stint motorcycling across Vietnam.
While working towards a physics degree at the University of Melbourne in 2006, He founded WikiLeaks.
It was a site for anyone wishing to “reveal illegal or immoral behavior in their own governments and corporations” he wrote at the time of the site’s launch.
“ I am the one who9 takes that risk,” he said prophetically, explaining his role at WikiLeaks while addressing the Frontline club last monthly. “As a consequence, I also get a lot of undue credit. I also get all the criticism.”
His original WikiLeaks mandate was to9 “make the news, not be the news”.
But that seems to have backfired, with Assange now a household name around the world.
“Is is weird?” an audience member asked him of his new celebrity status.
“No,” Assange shrugged.” Actually, I find it quite boring.”
Lucy Marne is The Courier-Mail’s European correspondent
Dear Friend,
Sarah Palin wants Julian Assange hunted as a terrorist.1 She's among a swelling chorus of American politicians calling for the arrest - and even the death - of the Australian citizen who runs WikiLeaks. It's a shame that real terrorists, the kind we should be focusing our attention on, don't show up at British Police stations with their lawyers, as WikiLeaks founder Julian Assange did yesterday.
Here in Australia, Prime Minister Gillard pre-emptively judged Mr. Assange "illegal," even as the Attorney General confirmed that no Australian nor international crime by WikiLeaks has been identified.2
The death penalty? Judgment before trial? This isn't the kind of justice system we have in Australia. If our Government won't stand up for the rights of Australian citizens, let's do it ourselves.
We're printing ads in The Washington Times and The New York Times with the statement our Government should have made, signed by as many Australians as possible. Will you add your name to the signatories, and invite your friends to join too?
http://www.getup.org.au/campaign/Wikileaks
The statement:Dear President Obama and Attorney General Eric Holder:
We, as Australians, condemn calls for violence, including assassination, against Australian citizen and WikiLeaks founder Julian Assange, or for him to be labeled a terrorist, enemy combatant or be treated outside the ordinary course of justice in any way.
As Thomas Jefferson said, "information is the currency of democracy."3 Publishing leaked information in collaboration with major news outlets, as Wikileaks and Mr. Assange have done, is not a terrorist act.
Australia and the United States are the strongest of allies. Our soldiers serve side by side and we've experienced, and condemned, the consequences of terrorism together. To label WikiLeaks a terrorist organisation is an insult to those Australians and Americans who have lost their lives to acts of terrorism and to terrorist forces.
If WikiLeaks or their staff have broken international or national laws, let that case be heard in a just and fair court of law. At the moment, no such charges have been brought.
We are writing as Australians to say what our Government should have said: that all Australian citizens deserve to be free from persecution, threats of violence and detention without charge, especially from our friend and ally, the United States.
We call upon you to stand up for our shared democratic principles of the presumption of innocence and freedom of information.We're printing this statement in The Washington Times and The New York Times early next week - and the more Australians sign, the more powerful the message will be. Please add your name by clicking below, and forward this message to friends and family:
http://www.getup.org.au/campaign/WikiLeaks
What has started with WikiLeaks being branded as terrorists won't end there.
In fact, just yesterday U.S. Senator Joe Lieberman, Chair of the Senate's Homeland Security Committee, said thatThe New York Times should also be investigated under the U.S. Espionage Act for publishing a number of the diplomatic cables leaked to WikiLeaks.4 We can help stop such plans in their tracks, by showing how they are affecting the image of the US in the eyes of their staunchest friends and allies.
Click here to sign the statement before it's published in The New York Times and Washington Times.
Thanks for being part of this,
The GetUp team
---
1 Beckford, M., 'Sarah Palin: hunt WikiLeaks founder like al-Qaeda and Taliban leaders', The Telegraph, 30 November 2010.
2 Oakes, L., 'Oakes: Gillard gushes over US leaks', Perth Now, 4 December 2010.
3 The quote is widely attributed to Jefferson, but some now dispute whether he actually said it. We know, at least, that he said "knowledge is power," even if Francis Bacon did say it first.
4 Savage, C., 'U.S. prosecuters study WikiLeaks prosecution', The New York Times, 7 December 2010.
Julian Assange from Jail to Masion
Former Guantanamo Bay detainee David Hicks. Photo: Jacky Ghossein
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Assange gets bail but still locked up (01:12)
British judge grants bail to WikiLeaks founder under strict monitoring conditions, but he remains in jail as Sweden appeals the ruling.
Assange will never receive a fair trial: Hicks
Cameron Atfield
December 15, 2010
Hicks answers the tough questions
Former terrorism suspect David Hicks has come out in support of jailed freedom-of-speech campaigner Julian Assange, saying he feared for Mr Assange's safety should he end up in American hands.
Mr Assange, the founder of the WikiLeaks website, has been returned to London's notorious Wandsworth prison despite winning bail from a British Court.
He will be held there for another 48 hours while Swedish prosecutors, who want to extradite him to Sweden to face allegations of sex crimes, mount a High Court appeal against the decision.
Supporters of Mr Assange, including his lawyer, have claimed the charges are politically motivated after the release of thousands of secret diplomatic cables, causing embarrassment for several governments.
Yesterday, Mr Hicks told Fairfax Radio he was concerned about what might happen to Mr Assange if he was extradited to the United States.
"He will never receive a fair trial," he said.
"We have already established that it's a political decision rather than a legal one. It's important that our governments are held to account for any war crimes they may be involved in and that is why the work of WikiLeaks is so important."
Mr Hicks spent six years at Guantanamo Bay, the US-run prison camp in Cuba, before he returned home to Australia to serve nine months at Adelaide's Yatala jail.
He was convicted by a US military commission of "providing material support for terrorism".
Mr Hicks said he believed future WikiLeaks releases could contain information about his incarceration.
"I will watch with interest in more leaks released because I have heard that they might contain information about my treatment in Guantanamo and the political interference in my case," he said.
"I just hope the Australian government doesn't abandon him like they did to me."
WikiLeaks: Julian Assange sex assault court case branded a 'show trial'
The Swedish authorities are turning the sexual assault case against Julian Assange, the WikiLeaks founder, into a "show trial", his lawyers claimed.
Mark Stephens attacked the decision by the Swedish authorities to appeal against a judge's ruling to grant the 39 year-old Australian bail.
He said their decision was now a "'persecution" rather than a prosecution and was politically motivated.
He accused the authorities of stopping at nothing to have the Wikileaks founder behind bars, a claim they denied.
WikiLeaks founder Julian Assange is refused bail
15 Dec 2010
WikiLeaks: summary of the latest disclosures
15 Dec 2010
Julian Assange: is 'Wikileaker' on a crusade or an ego trip?
15 Dec 2010
Julian Assange: Jemima Khan comes to aid of Wikileaks founder in Swedish extradition fight
15 Dec 2010
Julian Assange: 'don't shoot the messenger'
15 Dec 2010
Julian Assange: 'don't shoot the messenger'
Governments around the world must not "shoot the messenger" by attacking disclosures by WikiLeaks, Julian Assange said on Tuesday.
Julian Assange says his whistle-blowing website deserves protection and has not cost a single life despite the claims of critics
The former computer hacker said his whistle-blowing website deserves protection and has not cost a single life despite the claims of critics.
Writing for The Australian newspaper, Mr Assange quoted its founder, Rupert Murdoch, as once saying the truth will inevitably win over secrecy.
He said: "Nearly a century later, WikiLeaks is also fearlessly publishing facts that need to be made public."
Mr Assange said WikiLeaks has coined "scientific journalism" that allows readers to study the original evidence for themselves.
He added: "Democratic societies need a strong media and WikiLeaks is part of that media. The media helps keep government honest.
"WikiLeaks has revealed some hard truths about the Iraq and Afghan wars, and broken stories about corporate corruption."
The campaigner denied he is anti-war, but said Governments must tell the truth about their reasons for fighting.
He claimed the United States, supported by its "acolytes", has attacked WikiLeaks instead of other media groups because it is "young and small".
Branding the website "underdogs", he accused Australia Prime Minister Julia Gillard of "disgraceful pandering" to the Americans.
He said: "The Gillard government is trying to shoot the messenger because it doesn't want the truth revealed, including information about its own diplomatic and political dealings."
Mr Assange highlighted some of the most high-profile revelations made by his website over the last week.
He added: "The swirling storm around WikiLeaks today reinforces the need to defend the right of all media to reveal the truth."
In news
The WikiLeaks bunker
WikiLeaks: 10 greatest scoops
WikiLeaks: do they have a right to privacy?
The key WikiLeaks revelations
Why law is powerless to stop WikiLeaks
WikiLeaks 'will continue releasing documents'
15 Dec 2010
Wikileaks founder Julian Assange is driven into Westminster Magistrates Court in London Photo: Stefan Rousseau/PA
WikiLeaks 'will continue releasing documents'
WikiLeaks has pledged to continue releasing confidential documents after Julian Assange, the website's founder and chief, arrived at court for an extradition hearing.
Wednesday 15 December 2010
Richard Edwards and Nick Collins 2:53PM GMT 07 Dec 2010
Mr Assange handed himself over to police in central London on Tuesday morning after a warrant was issued for his arrest on rape charges.
But ahead of his first court appearance a spokesman for the website insisted the arrest would not prevent the planned release of further cables on Tuesday evening.
The spokesman wrote on Twitter: "Today's actions against our editor-in-chief Julian Assange won't affect our operations: we will release more cables tonight as normal."
The 39-year-old Australian was due to appear before a district judge at City of Westminster Magistrates' Court on Tuesday afternoon, where his lawyers were expected to fight extradition proceedings.
A Metropolitan Police spokesman said: "Officers from the Metropolitan Police Extradition Unit have this morning arrested Julian Assange on behalf of the Swedish authorities on suspicion of rape.
"Assange is due to appear at City of Westminster Magistrates' Court today."
Supporters of Assange were told to protest against censorship outside the Horseferry Road court house on several websites.
His arrest came after an Australian newspaper published an editorial written by Assange, in which he urged governments around the world not to "shoot the messenger".
He wrote: "Democratic societies need a strong media and WikiLeaks is part of that media. The media helps keep government honest."
He accused the Australian government and prime minister Julia Gillard of "disgraceful pandering" to the Americans, adding: "The Gillard government is trying to shoot the messenger because it doesn't want the truth revealed, including information about its own diplomatic and political dealings."
Mr Assange has not been seen publicly for 31 days, since an appearance in Geneva, and was believed to have been in hiding in the south-east of England as the latest tranche of WikiLeaks material was released.
A European Arrest Warrant was issued by the Swedish last month but could not be acted upon because it did not contain sufficient information for the British authorities. A spokesman for Marianne Ny, the Swedish prosecutor, said the extra details were sent last week.
Police processed the warrant yesterday and arrangements were made with Mark Stephens, Mr Assange’s British lawyer, for the Wikileaks founder to attend a central London police station.
Mr Stephens said his client was keen to discover what allegations he was facing so he could clear his name.
"It's about time we got to the end of the day and we got some truth, justice and rule of law," he said.
"Julian Assange has been the one in hot pursuit to vindicate himself to clear his good name.
"He has been trying to meet with her (the Swedish prosecutor) to find out what the allegations are he has to face and also the evidence against him, which he still hasn't seen."
The 39-year-old Australian has been under intense pressure since the release of thousands of secret documents in recent weeks.
Kristinn Hrafnsson, spokesman for WikiLeaks, said Mr Assange had been forced to keep a low profile after several threats on his life.
Sweden’s Supreme Court upheld a court order to detain Mr Assange for questioning on suspicion of “rape, sexual molestation and unlawful coercion” after he appealed against two lower court rulings. He denies the allegations.
His details were also added to Interpol’s most wanted website, alerting police forces around the world.
Mr Stephens said he would fight any bid to extradite his client. He added that Mr Assange “has been trying to meet with the Swedish prosecutor since August this year”.
Mr Assange’s troubles deepened when his Swiss bank account was shut down after it was found he had given a false address. Postfinance, the financial arm of Swiss Post, said: “The Australian citizen provided false information regarding his place of residence during the account opening process.”
Mr Assange had allegedly told Postfinance he lived in Geneva but could offer no proof that he was a Swiss resident.
News of his potential arrest came as WikiLeaks was criticised for publishing details of hundreds of sites around the world that could be targeted in terrorist attacks.
Among the British sites listed are a transatlantic undersea cable landing in Cornwall; naval and motoring engineering firm MacTaggart Scott, based in the small Scottish town of Loanhead; and BAE Systems sites, including one in Preston, Lancashire.
The revelations prompted Sir Peter Ricketts, David Cameron’s national security adviser, to order a review of computer security across all government departments.
Julian Assange: Jemima Khan comes to aid of Wikileaks founder in Swedish extradition fight
Jemima Khan appeared in court to lend her support to Wikileaks founder Julian Assange as he was put behind bars over sexual allegations originating from Sweden.
By Andrew Hough, and Caroline Gammell 07 Dec 2010
Khan, the socialite and charity worker, offered to provide a £20,000 surety to prevent the 39-year-old Australian from being remanded in custody in Britain over the claims.
Swedish officials want him extradited to answer questions over the alleged rape of one woman and molestation of another while he was in Stockholm this summer.
Mr Assange, who was also supported in court by film director Ken Loach and four others, has repeatedly denied the claims.
The 36-year-old former wife of Imran Khan said she would pay “whatever sum was required” to ensure he was granted bail.
However, a district judge at City of Westminster Magistrates’ Court decided he was too much of risk as it emerged that there was no record him ever arriving in Britain.
During Tuesday's hearing he was accompanied by officials from the Australian High Commission after asking for consular assistance.
Outside court, Khan said: “I am not here to make any kind of judgement on the Julian Assange as an individual as I do not know him and I have never met him.
“I am here because I believe in the principle of the human right to freedom of information and our right to be told the truth.”
Mr Assange’s supporters believe his arrest is a political stunt to detract from the revelations being made on a daily basis on the Wikileaks website.
Geoffrey Robertson QC, a prominent Australian human rights barrister who was a defending lawyer at the Brighton Bombing trial in the mid 1980s, has reportedly agreed to act for Mr Assange in future hearings.
The former computer hacker claims he had received several death threats since the secret documents were published and that someone had called for the kidnap of his 20-year-old son in Australia.
Julian Assange in British prison on rape charge
08 Dec 2010
Julian Assange: Extradition case involving Wikileaks founder could last many months
08 Dec 2010
Julian Assange: question of consent
08 Dec 2010
Julian Assange: 'don't shoot the messenger'
07 Dec 2010
The Scarlet Pimpernel of cyberspace
07 Dec 2010
US Attorney General taking 'significant' action
07 Dec 2010
Julian Assange: is 'Wikileaker' on a crusade or an ego trip?
Julian Assange, the man who published the Afghan war files on his Wikileaks website, is unlikely to be chastened by Admiral Mike Mullen’s claims that he might now have “blood on his hands”.
Julian Assange outside court in Melbourne in 1995, where he was later convicted of hacking offences.
Julian Assange, pictured in London this week, relies on donations and the hospitality of wellwishers as he travels the globe.
WikiLeaks: summary of the latest disclosures
The latest round of WikiLeaks releases disclose more detail about the US's relationships with allies and foes across the globe. Here is a round-up of today’s headlines.
Britain
Prince Andrew criticised a variety of governments, including those of Britain and America, as corrupt, stupid and backward in a conversation with a US diplomat.
In his wave of “almost neuralgic patriotism”, the Duke also made the bizarre claim that British geography teachers are the best in the world.
Families of British servicemen killed in Sangin, Afghanistan have reacted furiously after it was claimed WikiLeaks would disclose dismissive remarks by US commanders on British efforts to secure the town.
The Welsh family of Bradley Manning, the US soldier suspected of handing the classified documents to WikiLeaks, have flown to America but been prevented from visiting him in prison.
The internet has been rife with speculation about which former Labour minister was labelled “a bit of a hound dog” with women by an American official.
David Cameron was seen as “lightweight” by Barack Obama after the first meeting between the two leaders, leaked files will show.
Prince Charles does not command the same respect as the Queen, according to a senior Commonwealth official.
International
Mahmoud Ahmadinejad, the Iranian president, dismissed claims that Arab countries had asked the US to attack his country as a deliberate attempt by the US to destabilise the Middle East.
Released Guantánamo Bay prisoners should have electronic tagging devices implanted so that they can be followed by security officials, the King of Saudi Arabia suggested to a White House official.
Silvio Berlusconi responded to leaked claims by American diplomats that he has a penchant for “wild parties” by claiming he only throws parties in a “proper, dignified and elegant way”.
One of the more unlikely stories to surface from the leaked documents was that of a 77-year-old American dentist who fled Iran on horseback after the 1979 Islamic Revolution.
American officials suspect that North Korea has been secretly aiding Iran in its attempts to build nuclear weapons under the auspices of the Chinese government.
Colonel Gaddafi was believed to be very close to a “voluptuous” Ukrainian nurse who followed him everywhere he went, a US cable claimed.
An exile from Iran was living in London when he was targeted in an assassination plot by an Iranian agent, who was later arrested in America.
Hillary Clinton asked US diplomats in Argentina about the mental health of President Cristina Kirchner and questioned whether she was using medication to help her “calm down”.
The White House has told federal agencies to tighten security around the US military computer network following the leaking of classified information.
China would support a unified Korea controlled from Seoul because it believes the North is behaving like a “spoiled child”, documents show.
Sarah Palin has accused Barack Obama of taking insufficient action to prevent the release of the latest batch of WikiLeaks files.
The Supreme Leader of Iran, Ayatollah Khamenei, could die within months from terminal cancer, an Iranian informant told American officials.
Angela Merkel is the only leader “man” enough to lead the European Union, according to American cables.
The United Nations has angrily hit back at American “interference” after learning that Hillary Clinton ordered what amounted to an espionage campaign on its senior officials.
Julian Assange
The WikiLeaks founder is in hiding after an international warrant was issued for his arrest on rape allegations.
Assange’s next target will be the banking sector, with one American bank in particular to suffer from his next revelations, which he compared to the Enron scandal.
Assange has accused Barack Obama of attempting to smother the freedom of the press.
A criminal investigation is underway into how the latest batch of documents was made public, and Barack Obama could take legal action against Mr Assange.
Kazakh defence minister 'was openly drunk'
01 Dec 2010
WikiLeaks: Best quotes from Duke of York's Kyrgyzstan breakfast with US ambassador
30 Nov 2010
WikiLeaks: bereaved families' fury at US 'insult' over Afghanistan
30 Nov 2010
WikiLeaks: British and US governments stupid, says Prince Andrew
30 Nov 2010
WikiLeaks: Criminal investigation underway into leak of classified diplomatic documents
30 Nov 2010
WikiLeaks: Hi
Buy this book. Remind yourself again of the need to be ever vigilant.
When he was prosecuted, he served 18 months of a five year term, and was given the privelage of working as a trustee for the Fremantle Police station… go figure.
and the male part of that couple was an ex police officer who had been absolutely persistent in getting the copy of the banned “Mickelberg Stitch” book that I had been given, becuase of my mother assistance to the mickelbergs..and I mean persistent.. overly so in hindsight.