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CCJ throws out ex-soldier’s application to overturn manslaughter sentence

first_imgThe Caribbean Court of Justice (CCJ) on Friday threw out an application for special leave filed by former Guyana Defence Force (GDF) soldier Mark Fraser to appeal a decision by the Court of Appeal in Guyana, which had upheld his four-year conviction for manslaughter. In a decision read by Justice Peter Jamadar, the Trinidad-based regional court found no potentially serious miscarriage of justice had occurred.Fraser was convicted for the killing of fellow soldier Oneal Rollins, on October 26, 2006. It was reported that he was heading out on patrol when he stopped to uplift an AK-47 from the army base at Buxton, East Coast Demerara (ECD), and subsequently shot Rollins dead.On November 14, 2007, Fraser was found guilty of gross negligence manslaughter by a 10-2 majority verdict in the Demerara High Court and sentenced to four years’ imprisonment. After filing an appeal against his conviction on December 14, 2007, and obtaining bail three days later, Fraser never returned to prison. His appeal was then fixed for hearing almost 10 years later, but that hearing was further delayed as the record of appeal was not made available to his Attorneys until October 4, 2017.While Fraser’s appeal against his conviction was dismissed by the Guyana Court of Appeal, the Court did, however, agreed that the delay in proceedings breached his Article 144 (1) right to a fair hearing within reasonable time and stayed any further imprisonment.The former GDF member then applied to the CCJ for special leave to appeal the decision of the Court of Appeal in refusing to set aside his conviction.In dismissing his application for special leave on Friday morning, the CCJ found the approach of the Court of Appeal in hearing the constitutional delay challenge and the substantive appeal together to be wise and prudent. This, according to Justice Jamadar, allows the Court of Appeal to properly consider what might be a just and effective remedy for the breach of the applicant’s Article 144 (1) right.“The court found that despite the raising of a constitutional issue, this remains a criminal appeal… Having found merit in the constitutional delay point, the Court of Appeal then granted what it considered to be just and effective relief. No prejudice has thus been demonstrated and no serious miscarriage of justice can, therefore, realistically be argued to have occurred,” the CCJ Judge stated.Referring to Fraser’s claim that his four-year sentence should be set aside because of the delay in the hearing of the appeal, Justice Jamadar pointed to a previous case in which the Court made it abundantly clear that while a conviction may be vacated for violation of the constitutional right to a fair trial within a reasonable time, only in special circumstances or exceptional circumstances will post-conviction delay result in the sitting aside of a conviction properly arrived at.“This is partly because Courts, in such cases, must balance the principle that persons properly convicted of crime should serve legitimate sentences against a fashionable remedy that is just, effective and proportionate, where a fundamental right has been breached,” he contended.The CCJ Judge further indicated that it did not find any flaws in the Court of Appeal’s conclusion that the conviction was sound, and that there were no special or exceptional circumstances established to justify cancelling the conviction.“The jury as primary finders of fact decided that Fraser was guilty of gross negligence manslaughter [and] the trial Judge, after considering a social services report, imposed a four-year custodial sentence. The Court of Appeal agreed with the soundness of these conclusions. This Court is not to lightly interfere.“Likewise, the Court of Appeal’s decision to not set aside the conviction and to stay further imprisonment was well within the legitimate range of options open to the Court of Appeal, and there was no flaw in their reasoning and no fundamental unfairness, unreasonableness, or injustice in the outcome. In all of these circumstances, no realistic possibility exists that a potentially serious miscarriage of justice can be said to have occurred,” Justice Jamadar asserted.On this note, the CCJ found that there was no proper basis upon which to grant special leave to Fraser and as such, his application was dismissed.Also presiding in Court during Friday’s ruling was: CCJ President, Justice Adrian Saunders along with Justices Jacob Wit and Winston Anderson. The unanimous decision was also concurred by Justice Denys Barrow.Meanwhile, Fraser was represented by Attorney-at-Law Kamal Ramkarran while the Director of Public Prosecutions (DPP) Shalimar Ali-Hack appeared on behalf of the State. They witnessed the ruling via video conference from the Court of Appeal in Kingston, Georgetown.Fraser was also present in court on Friday. However, his lawyer explained that while the CCJ did not allow leave to challenge his client’s conviction, Fraser will not be serving the four-year sentence since the Court of Appeal had stayed his imprisonment and this was not challenged by the State.last_img read more

Oil & Gasoline Prices

first_imgAt the last check this morning, although there’s still no sign of it locally, there are signs of gas pump relief at some locations across the country. The pump prices are reportedly down about $.04 per liter, after crude oil recorded its biggest drop yesterday in 17 years.The price of oil dropped 4.4%, or nearly $6.50 a barrel, and closed at $138.74 US. Initial reports indicate the price is holding at roughly the same level in overseas trading early this morning.Traders say the markets were spooked yesterday by a U.S. Federal Reserve prediction that America’s economic slowdown could last several years.- Advertisement -However, the news did not come in time to impact the new 60 city cross-country survey of Calgary-based MJ Ervin and Associates. It shows the average price of gasoline in Canada was up .6 cents a liter last week, just enough to record another milestone. The new national average survey price is now $140.1.As of early this morning, that average was still about $.05 a liter less than the common posted price in Fort St. John of $1.459.last_img read more

Mammogram Van headed north

first_imgClick on the link below for a full schedule of where the Mammogram Van will be visiting. A mobile cancer-detector will be traveling the northeast next week. The Mammogram Van is offering free breast screenings for women 40 – 79 years of age.  Regional Community Coordinator Manon Joice says this service lessens the stress on the Northern Health services. [asset|aid=1862|format=mp3player|formatter=asset_bonus|title=b87175535c74d12512ca69190a947796-Manon Joice 1_1_Pub.mp3] The van contains all of the equipment needed for the exam. Joice says the screenings will actually be done in a private room inside the Fort St. John Medical Clinic. – Advertisement -The 15-minute screening consist of four x-rays that check for breast tissue abnormalities. Results then get sent to the patients’ addresses.  Joice says it’s important that women at that age get a mammogram once every two years. [asset|aid=1863|format=mp3player|formatter=asset_bonus|title=b87175535c74d12512ca69190a947796-Manon Joice 2_1_Pub.mp3] The Mammogram Van is a program administered by the BC Cancer Agency and funded by the Ministry of Health Services through the Provincial Health Services Authority.  The van will be in the City from September 22 until September 24th.  It will also be in Dawson Creek, Tumbler Ridge, and Chetwynd. The screenings will be done by appointment.  To book a free mammogram call 1-800-663-9203. Advertisementlast_img read more

Barca not giving up on Coutinho deal yet

first_img0Shares0000Liverpool’s Philippe Coutinho is currently the best midfielder in Europe, according to Xavi.PHOTO/Sky SportsMADRID, Spain, Aug 29 – Barcelona technical secretary Robert Fernandez has indicated the club are still hoping to sign Philippe Coutinho, despite Liverpool’s refusal to sell.The Brazil international has been the subject of three failed bids from the Catalans during the current transfer window as they search for Neymar’s replacement. The Merseysiders issued a statement earlier this month declaring that no offers would be considered for Coutinho, who then handed in a transfer request at Anfield.Barca’s move for Ousmane Dembele last week appeared to bring an end to their pursuit of the Reds star, but Fernandez claims that negotiations are ongoing.“We are negotiating with some players about the possibility of incorporating them into the team and we hope to reach an agreement to introduce a new player,” he said when asked about the Coutinho situation.“We have been working for a long time on possibilities, maybe a player comes or maybe there are two, we have to wait because we are negotiating and we can find ourselves with a favourable framework to bring one more, or maybe two.“Everyone knows what situation the market is in and what has happened, the teams know what our situation is but the fact that we have moved quickly helps us to reach a favourable situation.“But without a [release] clause we are forced to into long and tense negotiations and there are times we could not go further. Uneasiness can exist but we know very well what we want and we will wait until the last moment. My intention is for another player to arrive, two if possible.”0Shares0000(Visited 1 times, 1 visits today)last_img read more


first_imgA paedophile from Co Donegal has been refused permission to serve the rest of his sentence in an Irish jail.Brennan from ManorcunninghamJames Jerome Brennan, originally from Manorcunningham, was one of the first sex offenders jailed in Britain for internet child grooming. The 55 year old, who is a former lap-dance club owner, is serving a sentence of imprisonment for public protection (IPP) and has no automatic right to be released.As there is no equivalent sentence in Ireland, Brennan, described as “undoubtedly a danger to girls”, cannot serve the remainder of his term here.IPP prisoners must serve a minimum tariff before being considered for release by the Parole Board, but many remain in prison for many more years.The Irish Independent reports that Brennan claims because he is Irish and in a British jail, he should have the same rights as foreign nationals.The British government abolished IPPs last year after three prisoners successfully challenged them in the European Court of Human Rights, but those already handed down will not be abolished retrospectively.DONEGAL PAEDOPHILE REFUSED PERMISSION TO BE JAILED IN IRELAND was last modified: August 19th, 2013 by StephenShare this:Click to share on Facebook (Opens in new window)Click to share on Twitter (Opens in new window)Click to share on LinkedIn (Opens in new window)Click to share on Reddit (Opens in new window)Click to share on Pocket (Opens in new window)Click to share on Telegram (Opens in new window)Click to share on WhatsApp (Opens in new window)Click to share on Skype (Opens in new window)Click to print (Opens in new window) Tags:James Brennanmanorcunninghampaedophilelast_img read more


first_imgGweedore Celtic recently established a new Youth Academy which the club hopes will foster a bright new generation of stars in the west of the county.The an Screaban club have emerged as one of the most successful sides in the Donegal League in recent seasons, with three Brian McCormick Cups and one league title achieved in the past three years. The club’s facilities, located in Derrybeg, are as good as any in the county and certainly their pitch is well regarded as probably the best in the Donegal League. So, with the infrastructures in place, the club have taken the next step in trying to harness the next generation with a philosophy very much centred on technique and tactical awareness, rather than the detrimental “winning at all costs” mentality.The Youth Academy, which is headed up by first-team player Shane Barr, who is recovering from cruciate ligament reconstrcution, alongside 21 other coaches, accommodates players from the ages of 6 right up to 17. It received an official launch on July 18, during the recent visit of the FAI to Donegal, when the governing bodies CEO John Delaney and Ray Houghton cut the ribbon to mark the start of a prosperous new era for the club.“The main aim of the Gweedore Celtic FC Youth Academy is to develop the players and enable them to fulfil their potential. We recognise the importance of player development as well as making this experience as fun as possible, while also promoting the physical activity aspect to help boys and girls achieve the recommended national guidelines.” said Academy co-ordinator Shane Barr. “We also recognise the huge emphasis that has been placed on “winning at all cost” in the past throughout the country, something that has hindered individuals from developing their skills and techniques, as well as tactical knowledge, to their full potential. Our philosophy is that we would rather develop and improve all players through our training and games, as oppose to preparing in a certain way to just win matches and put player development to the side.“Don’t get me wrong, winning is great and all that success, but we would get more success in seeing ALL our players improve and development which will be beneficial further down the road, rather than just focusing on your few key players who you feel can win you matches. That’s not our plan. “Within the wide panel of coaching staff this philosophy the Youth Academy philosophy that will be implemented across the board at all age groups and will be adhered to,” he added.Barr who is currently completing the UEFA licence in Dublin, emphasised that the coaching being made available to the young players in the area will be of a very high standard, enabling them to develop their skills and attributes from a very young age.“After a lot of hard work, we are glad to announce that at present we have 21 coaches, 4 of whom are goalkeeping coaches, involved in the academy. We recognise that in order to give the players a better opportunity in the game, the standard of coaching has to be of a high quality and that is an area of the academy which we are glad to focus on. Over half of these are currently on the FAI coaching pathway which consists of various courses, while the rest of our coaching staff, mostly ex-players, have begun their coach education phase 1,” said Barr, who stressed the importance on a high standard of coaching.As well as the coaching staff within the academy, there are also various different coaching events being negotiated at present and planned throughout the year for all age groups.The academy welcomed a UEFA Pro Licence Coach, and also works as UEFA Consultant throughout Europe has past employment with professional English Premier League clubs, including Man City, Blackburn, and West Ham. The event occured during the Development School which seen a re-visit from John Delaney (FAI) which was a great testament to the work being done at Gweedore Celtic FC Youth Academy.Other coaching events are being negotiated at present including various overseas coaching workshops and events, and will be announced on our Facebook page – “Gweedore Celtic FC Youth Academy” and the clubs general Facebook “Gweedore Celtic FC” very shortly. He added: “We will be running events in the near future to give our players a chance to be coached by one of the best in the game. The coaching visit from Austin Speight who is “Coerver Coaching” (Director of Ireland) was very beneficial for the players. The enthusiasm the players displayed during the session was second to none, which was a reflection on the quality of the coaching they recieved.The academy coaches also completed a 2 day course with Coerver Coaching as part of the academy’s coach education, which as stated above is crucial in our players development. We will be announcing other coaching events very soon in both the media and facebook.”In terms of the running of the academy, the people in the area have been of great assistance and see this as a great opportunity for the kids in the area. Shane added: “We can never have enough help, between the kitchen area and helping out with sandwiches and tea, to washing kits after matches, and it’s great that the community have come together and are helping out. everyone is welcome, Maith Sibh.”On additional to this, Coerver Coaching are locating one of their performance centre’s at the An Screaban facility, which will cater for boys and girls aged between 6-15 yrs. Coerver Coaching are a worldwide coaching organisation who work with many different pro clubs, including Real Madrid FC, Newcastle Utd, Stoke City. Barr stated, “This is a great opportunity for players in the county to get coaching of this quality, which will benefit all their respective clubs as they play their games. To our knowledge it will run one night a week, and all players recieve adidas coerver kit and football included in the cost.“I recently attended a course ran by Coerver Coaching UK and I must say their coaching style and philosophy is very effective. Whoever we cannot take any credit for the running of this performance academy, apart from providing the facility, as it is completely separate to our Youth Academy, and therefore is open to all players from all clubs.”All information can be found at or on Facebook at “Coerver Coaching Ireland”. Also you can contact Shane on 0872531813 and he can give you a contact and phone number for enquiries.SPECIAL FOCUS: GWEEDORE CELTIC – GIVING YOUTH ITS CHANCE was last modified: September 10th, 2012 by StephenShare this:Click to share on Facebook (Opens in new window)Click to share on Twitter (Opens in new window)Click to share on LinkedIn (Opens in new window)Click to share on Reddit (Opens in new window)Click to share on Pocket (Opens in new window)Click to share on Telegram (Opens in new window)Click to share on WhatsApp (Opens in new window)Click to share on Skype (Opens in new window)Click to print (Opens in new window)Tags:Gweedore Celtic Youth Academylast_img read more


first_imgThe Bureau of the European Parliament yesterday evening supported a recommendation by the President of the European Parliament, Martin Shultz to establish an Irish language version of the EP website.On 21 May, a cross-party delegation of Irish MEPs led by Pat the Cope Gallagher met with President Shultz to discuss the absence of an Irish language version of the European Parliament website.The President listened to the case put by the delegation and agreed to support the establishment of an Irish version of the European Parliament website. In practical terms, he agreed to recommend to the Bureau of the European Parliament for this to be approved at its next meeting. Yesterday evening in Strasbourg, the Bureau supported the recommendation of the President and charged his officials to make the necessary steps for introducing an Irish language website. Ireland North West MEP Pat the Cope Gallagher who has been pursuing the issue for over two years stated this morning “I am extremely pleased that the Bureau has supported the President’s recommendation to establish an Irish language version of the Parliament’s website. The European Parliament website is currently produced in 22 out of the 23 official languages of the EU, all with the exception of Irish. Moreover, all other EU institutions including the European Commission and Council of Ministers have a website in Irish. This decision reverses what was simply a matter of discrimination against the Irish language.”Mr. Gallagher concluded by stating “I am confident that the Irish version of the website will be up and running by the end of the year.” PAT THE COPE WINS EUROPE IRISH LANGUAGE BATTLE was last modified: June 11th, 2013 by BrendaShare this:Click to share on Facebook (Opens in new window)Click to share on Twitter (Opens in new window)Click to share on LinkedIn (Opens in new window)Click to share on Reddit (Opens in new window)Click to share on Pocket (Opens in new window)Click to share on Telegram (Opens in new window)Click to share on WhatsApp (Opens in new window)Click to share on Skype (Opens in new window)Click to print (Opens in new window) Tags:PAT THE COPE WINS EUROPE IRISH LANGUAGE BATTLElast_img read more

Bulldogs’ Duo Fall in Round of 16 at ITA Fall Championships

first_imgGillespie and Thorold will play consolation matches following their defeat. Print Friendly Version In set one, Gillespie and Thorold trailed at the break, 4-3, and couldn’t overcome the deficit as the No. 4 ranked duo of Cukierman and Smith claimed the opening set. In set two, the Bulldogs’ pair trailed 2-1 early, but battled back to break at 3-3. However, the Trojans went on to win 6-4 and win the match. The duo qualified for the tournament, hosted in Surprise, Ariz., by advancing to the finals in the ITA Central Regional Championship in October. In the first round of the tournament, Gillespie and Thorold defeated the top-seeded pair of Jack Mingjie and Lin-Will Matheson, from Columbia University, 6-3, 7-6(7). SURPRISE, Ariz. – Vinny Gillespie (Stirling, Scotland) and Barny Thorold (Loughborough, England) of the Drake University men’s tennis team fell to USC’s Daniel Cukierman and Tanner Smith, 6-4, 6-4 in the Round of 16 doubles action Thursday night at the Intercollegiate Tennis Association’s Fall Championships in Surprise, Ariz.last_img read more

Morris, B52s come out swinging hard

first_imgThe Humboldt B52s came out swinging hard at Bomber Field Saturday afternoon, racking up 14 hits in a 16-1 win over the Santa Rosa Tigers.Six of the B52s’ hits went for extra bases, including a pair of home runs, as they swept the two-game weekend series and improved to 11-7 on the summer.Aiden Morris led the way, finishing 3-for-5 at the plate, with a home run, a triple and a double.“He had a huge game,” B52s manager Scott St. John said of Morris. “Just a single short of the cycle. (Friday) …last_img read more

SETI Club Goes Bonkers

first_img(Visited 44 times, 1 visits today)FacebookTwitterPinterestSave分享0 Flush with new money, the astronomers who support SETI have lost all restraint in their speculations.Help Robert Trotta (New Scientist). He’s lonely with just one populated earth.Who believes in aliens? Live Science posted an infographic about survey results in an effort to prove that SETI is “far from a fringe belief.” Sounds like Karl Tate is worried it is a fringe belief. On average, 54% of Americans, Germans and Brits believe space aliens exist. But of course they do. They’ve been watching Star Trek for decades now, and the Knowers of the Culture (scientists) keep telling them that we’re here, so they must have evolved out there. It’s not helping SETI’s scientific reputation that Tate decorated his article with images of Hollywood space aliens.About the same percent of those polled, when asked why we haven’t heard from aliens yet, put their hope in future technology that may finally succeed in contacting them. Only 6% figure that alien civilizations probably destroy themselves too fast (see Evolution News & Views about SEETI, the Search for Extinct Extraterrestrial Intelligence.)Finding a majority that believes in space aliens may be a shot in the arm to SETI scientists, but they don’t seem alarmed that a sizeable minority (44 to 48%) do not believe in them, or don’t know. But the materialist media never requires an overwhelming majority for its agenda anyway. Here is some of the nonsense being bantered about in the media over a subject that is entirely lacking in evidence.Expand your horizons: In Science Magazine, Nola Taylor Redd gives SETI scientists the go-ahead to look for aliens in the centers of galaxies, contrary to earlier convictions about the Galactic Habitable Zone. But aren’t there too many supernovas in that region? Sure, but what the heck; there’s probably so many aliens everywhere that some of them will survive to be detected even in the uninhabitable places.Giddy up: Astrobiology Magazine shares how veteran SETI guy Seth Shostak is giddy with all the money given by that private benefactor, Russky billionaire Yuri Milner (PhysOrg). Shostak doesn’t have enough fingers on his hands to point to all the ways he wants to spend it. At least taxpayers don’t have to contribute. Does Milner expect a return on investment?Ruling out one class of super-aliens: Another Astrobiology Magazine article at first seems like a downer, announcing that “super-advanced alien civilizations” are either “rare or absent” in the local universe. Daniel Clery at Science Mag hums this dirge, too. But the thinking that led to the conclusion is far out; if a “Kardashev Type III Civilization” (no, not a Star Trek invention) built a “Dyson Sphere” (a humongous structure to capture all the energy of its dying star), we should be able to detect it by its infrared radiation. We haven’t; ipso facto, they don’t exist. That still leaves the Kardashev Types I and II to look for, though.Any sufficiently advanced intelligence is indistinguishable from nature: In July, Charles Lineweaver asked if humans are indistinguishable from nature (PhysOrg). If not, then what exactly is SETI looking for? He bounces off Stephen Hawking’s speech at the Breakthrough Initiative event where the award was announced.Let’s take a careful look at Hawking’s logic. He said: “We believe that life arose spontaneously on Earth. So in an infinite universe there must be other occurrences of life.”We have good reasons to believe that life arose spontaneously on Earth, but there are many things that “arose spontaneously on Earth” that have almost certainly not occurred elsewhere. Stephen Hawking is one of them. The English language is another.How about Hawking speaking English with an American accent and Milner speaking English with a Russian accent, in London. How many Londons are there in an infinite universe? How many Londons with Stephen and Yuri speaking English with their accents?If we include a little bit more detail, things get quirkier. Stephen may have had wheat, milk and orange juice in his stomach. Yuri, coffee and a banana. This whole quirky assemblage “arose spontaneously on Earth”. But arising spontaneously does not mean there will be other occurrences of it in the universe.Aliens aren’t secret spies: Live Science takes to task American turncoat Edward Snowden’s off-the-cuff speculation that we can’t hear anything but noise, because the space aliens are encrypting their messages. This sent Seth Shostak, Doug Vakoch and other SETI clubbers into media defense mode. “We’re not looking for the message,” Shostak retorted. “We’re looking for the signal that tells us that somebody has a transmitter.” But isn’t that a message of sorts? Doesn’t it reveal that an intelligent mind built a transmitter to transmit a message? Think of a spy listening to an encrypted message; “The message itself might be indistinguishable from noise if it were well encrypted, but it would still, obviously, be a message,” Live Science writer Stephanie Pappas reasons, using the design inference.Hot in the kitchen: The last example is not strictly about SETI, but astrobiologists (who search for any life, intelligent or not) are comrades with SETI folk, so here goes. Michael Page, a prof at U of Huddersfield (where’s that?) doesn’t need evidence to make progress. He can just play video games with Second Life or something. The title of his piece in The Conversation is, “Imagining strange new lifeforms could help us discover our own origins.” The article was enthusiastically republished by Live Science without criticism.The hard realities of the primordial soup kitchen have apparently got him down. He knows that “the origin of life remains one of the major scientific riddles to be solved.” Real world experiments have been depressing. In fantasyland, though, your wishes can come true!The assumption that early life forms must have been similar to what we see today may be preventing us from answering this question. [of “how this ‘machinery’ of chemicals came together to generate life“]. It’s possible that there were many unsuccessful precursors that bore little resemblance to present-day life. There has been speculation that primitive starting points could even have been based around an element other than carbon (the substance at the heart of all life today). Some researchers suggest that life may have originally evolved in liquids other than water. These alternatives are fascinating, but it’s difficult to find a starting point for researching them because they are so unfamiliar.Professor Page briefly recounts the “bottom-up” approach of stirring chemical soups and the “top-down” approach of stripping cells down to see what they can live without.While both approaches may be enlightening, the precise moment of transition from chemical to life (and vice versa) still evades us. But the lack of discovery is fascinating in itself – it confirms that creating life is difficult and requires conditions that are no longer naturally present on the Earth. A breakthrough in this area would not only tell us the requirements for life, but also the circumstances of its emergence.So that’s why the headline of his speculation is a drawing of weird, unreal swimming things in an imaginary soup.Hey, can we do that? Sounds like fun. Come up with weird ideas, with absolutely no evidence, and get paid for it? Speculate wildly about things nobody can possibly know, and be respected by the mainstream media and Big Science? What a sinecure! Tough job, but somebody’s gotta do it.Actually, Dr. Page will know all about the “vice versa” transition from life to chemicals in due time. He’s been to other people’s funerals, hasn’t he?We had to keep rubbing it in, but if you find infrared radiation and conclude it’s from a Dyson Sphere built by a Kardashev Type III Civilization, you’re making a design inference, supporting the validity of intelligent design reasoning. Without ID, SETI could not exist.last_img read more