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Sunday, March 23, 2014

The Eleventh International Human Rights Documentary Film Festival opened Friday in the Red Hall of the Kyiv Cinema House, in Kyiv, Ukraine. The festival spans eight days, ending on March 28.

Competition programs are divided into DOCU/Right, DOCU/Life, and DOCU/Short. Each program has its own jury that consists of famous human rights activists, film producers, directors, critics, writers etc. Among them are Andrzej Poczobut (Belorus), Natalka Zubar (Ukraine), Oksana Sarkisova (Hungary), Boris Miti? (Serbia), Chris McDonald (Canada), Simone Baumann (Germany), Andrei Zagdansky (Ukraine), Victoria Belopolskaya (Russia), and Stephanie Lamorre (France). Students’ Jury and Audience Awards are also to be given. The Organizing Committee is to award an Andriy Matrosov Award.

Non-competition programs are divided into areas titles Ideorruption, DOCU/Ukraine, DOCU/Riot, DOCU/Art, DOCU/Best, HOT DOCS presents, Artdocfest presents, and Andrei Zagdansky Retrospective.

The best films are also to be shown during Docudays UA Travelling Festival.

The opening film was called Euromaidan: Rough Cut. It was a combination of shots of different film directors that have been filming the protests in Ukraine during these past four months. Organizers and creators explained, “This is what it is. It is actually a ‘rough cut’. It is a collection of different episodes”.

The festival was first held in 2003, called at that time Docudays on Human Rights. In 2006 the festival was accepted as part of the international Human Rights Film Network at the International Documentary Film Festival Amsterdam. It is usually held during the last week of March.

In 2013, the festival opened with a performance, showing Berkut — Ukrainian special police — oppressing the journalists:

Thursday, December 20, 2007

Wikinews reporter David Shankbone is currently, courtesy of the Israeli government and friends, visiting Israel. This is a first-hand account of his experiences and may — as a result — not fully comply with Wikinews’ neutrality policy. Please note this is a journalism experiment for Wikinews and put constructive criticism on the collaboration page.

Dr. Yossi Vardi is known as Israel’s ‘Father of the Entrepreneur’, and he has many children in the form of technology companies he has helped to incubate in Tel Aviv‘s booming Internet sector. At the offices of Superna, one such company, he introduced a whirlwind of presentations from his baby incubators to a group of journalists. What stuck most in my head was when Vardi said, “What is important is not the technology, but the talent.” Perhaps because he repeated this after each young Internet entrepreneur showed us his or her latest creation under Vardi’s tutelage. I had a sense of déjà vu from this mantra. A casual reader of the newspapers during the Dot.com boom will remember a glut of stories that could be called “The Rise of the Failure”; people whose technology companies had collapsed were suddenly hot commodities to start up new companies. This seemingly paradoxical thinking was talked about as new back then; but even Thomas Edison—the Father of Invention—is oft-quoted for saying, “I have not failed. I have just found ten thousand ways that won’t work.”

Vardi’s focus on encouraging his brood of talent regardless of the practicalities stuck out to me because of a recent pair of “dueling studies” The New York Times has printed. These are the sort of studies that confuse parents on how to raise their kids. The first, by Carol Dweck at Stanford University, came to the conclusion that children who are not praised for their efforts, regardless of the outcome’s success, rarely attempt more challenging and complex pursuits. According to Dweck’s study, when a child knows that they will receive praise for being right instead of for tackling difficult problems, even if they fail, they will simply elect to take on easy tasks in which they are assured of finding the solution.

Only one month earlier the Times produced another story for parents to agonize over, this time based on a study from the Brookings Institution, entitled “Are Kids Getting Too Much Praise?” Unlike Dweck’s clinical study, Brookings drew conclusions from statistical data that could be influenced by a variety of factors (since there was no clinical control). The study found American kids are far more confident that they have done well than their Korean counterparts, even when the inverse is true. The Times adds in the words of a Harvard faculty psychologist who intoned, “Self-esteem is based on real accomplishments. It’s all about letting kids shine in a realistic way.” But this is not the first time the self-esteem generation’s proponents have been criticized.

Vardi clearly would find himself encouraged by Dweck’s study, though, based upon how often he seemed to ask us to keep our eyes on the people more than the products. That’s not to say he has not found his latest ICQ, though only time—and consumers—will tell.

For a Web 2.User like myself, I was most fascinated by Fixya, a site that, like Wikipedia, exists on the free work of people with knowledge. Fixya is a tech support site where people who are having problems with equipment ask a question and it is answered by registered “experts.” These experts are the equivalent of Wikipedia’s editors: they are self-ordained purveyors of solutions. But instead of solving a mystery of knowledge a reader has in their head, these experts solve a problem related to something you have bought and do not understand. From baby cribs to cellular phones, over 500,000 products are “supported” on Fixya’s website. The Fixya business model relies upon the good will of its experts to want to help other people through the ever-expanding world of consumer appliances. But it is different from Wikipedia in two important ways. First, Fixya is for-profit. The altruistic exchange of information is somewhat dampened by the knowledge that somebody, somewhere, is profiting from whatever you give. Second, with Wikipedia it is very easy for a person to type in a few sentences about a subject on an article about the Toshiba Satellite laptop, but to answer technical problems a person is experiencing seems like a different realm. But is it? “It’s a beautiful thing. People really want to help other people,” said the presenter, who marveled at the community that has already developed on Fixya. “Another difference from Wikipedia is that we have a premium content version of the site.” Their premium site is where they envision making their money. Customers with a problem will assign a dollar amount based upon how badly they need an answer to a question, and the expert-editors of Fixya will share in the payment for the resolved issue. Like Wikipedia, reputation is paramount to Fixya’s experts. Whereas Wikipedia editors are judged by how they are perceived in the Wiki community, the amount of barnstars they receive and by the value of their contributions, Fixya’s customers rate its experts based upon the usefulness of their advice. The site is currently working on offering extended warranties with some manufacturers, although it was not clear how that would work on a site that functioned on the work of any expert.

Another collaborative effort product presented to us was YouFig, which is software designed to allow a group of people to collaborate on work product. This is not a new idea, although may web-based products have generally fallen flat. The idea is that people who are working on a multi-media project can combine efforts to create a final product. They envision their initial market to be academia, but one could see the product stretching to fields such as law, where large litigation projects with high-level of collaboration on both document creation and media presentation; in business, where software aimed at product development has generally not lived up to its promises; and in the science and engineering fields, where multi-media collaboration is quickly becoming not only the norm, but a necessity.

For the popular consumer market, Superna, whose offices hosted our meeting, demonstrated their cost-saving vision for the Smart Home (SH). Current SH systems require a large, expensive server in order to coordinate all the electronic appliances in today’s air-conditioned, lit and entertainment-saturated house. Such coordinating servers can cost upwards of US$5,000, whereas Superna’s software can turn a US$1,000 hand-held tablet PC into household remote control.

There were a few start-ups where Vardi’s fatherly mentoring seemed more at play than long-term practical business modeling. In the hot market of WiFi products, WeFi is software that will allow groups of users, such as friends, share knowledge about the location of free Internet WiFi access, and also provide codes and keys for certain hot spots, with access provided only to the trusted users within a group. The mock-up that was shown to us had a Google Maps-esque city block that had green points to the known hot spots that are available either for free (such as those owned by good Samaritans who do not secure their WiFi access) or for pay, with access information provided for that location. I saw two long-term problems: first, WiMAX, which is able to provide Internet access to people for miles within its range. There is already discussion all over the Internet as to whether this technology will eventually make WiFi obsolete, negating the need to find “hot spots” for a group of friends. Taiwan is already testing an island-wide WiMAX project. The second problem is if good Samaritans are more easily located, instead of just happened-upon, how many will keep their WiFi access free? It has already become more difficult to find people willing to contribute to free Internet. Even in Tel Aviv, and elsewhere, I have come across several secure wireless users who named their network “Fuck Off” in an in-your-face message to freeloaders.

Another child of Vardi’s that the Brookings Institution might say was over-praised for self-esteem but lacking real accomplishment is AtlasCT, although reportedly Nokia offered to pay US$8.1 million for the software, which they turned down. It is again a map-based software that allows user-generated photographs to be uploaded to personalized street maps that they can share with friends, students, colleagues or whomever else wants to view a person’s slideshow from their vacation to Paris (“Dude, go to the icon over Boulevard Montmartre and you’ll see this girl I thought was hot outside the Hard Rock Cafe!”) Aside from the idea that many people probably have little interest in looking at the photo journey of someone they know (“You can see how I traced the steps of Jesus in the Galilee“), it is also easy to imagine Google coming out with its own freeware that would instantly trump this program. Although one can see an e-classroom in architecture employing such software to allow students to take a walking tour through Rome, its desirability may be limited.

Whether Vardi is a smart parent for his encouragement, or in fact propping up laggards, is something only time will tell him as he attempts to bring these products of his children to market. The look of awe that came across each company’s representative whenever he entered the room provided the answer to the question of Who’s your daddy?

Monday, November 28, 2005

The Australian Government is currently building a “Guantanamo-style detention facility” – a $210 million, 800-bed Immigration Reception and Processing Centre – on Christmas Island, 1400km off Australia’s northwest coast. The project has residents concerned about the prospect of having imprisoned detainees and possible terrorism suspects as neighbours.

Christmas Islanders fear the remote detention facility will be Australia’s very own “Guantanamo Bay.”

The island’s Shire President, Gordon Thompson, says residents are also worried about the effects the controversial detention centre development will have on the island’s tourism industry. “We’re not building tourism based on a prison tour,” he said, also voicing fears that residents would be barred from areas on the northwest point of the island. He said locals were confused and did not know if the centre would just be used for refugees or as a Guantanamo-style prison. Another resident complained that access to popular fishing and snorkelling spots on the island would be limited.

Department of Immigration (DIMIA) said that when construction of the Christmas Island facility was finished, a review was likely to be taken to close some mainland detention centres such as Baxter in South Australia. “Its (Christmas Island) only use is as an immigration reception and processing centre,” said a DIMIA spokesperson.

Mr Thompson, who is opposed to the imprisonment of refugees, said the centre was being built on the island in an effort to avoid public scrutiny from mainland Australians. “It’s a long way from the mainland where the lawyers and trouble-makers are,” he said. “We’ll be kept away from it.”

A resident of eight years, two as shire president, Mr Thompson said he did not trust the federal Government because it ignored the concerns of the 1500-strong community. “There’s a sense the Commonwealth will do what it wants,” he said. “You’ve got to be a little suspicious of a government that lets its own people be held in Guantanamo Bay, like David Hicks. People here have that feeling that when something big is being built away from the media – it’s not fishy, it’s smelly.”

Mr Thomson said the Shire council were not notified when the current Christmas Island detention centre reopened last week to detain seven West Timorese asylum seekers.

Azmi Yon, president of the island’s Malay association, has lived for 37 years on the island and wants the federal Government to leave it alone. He said locals were confused and did not know if the new centre would just be used for refugees or as a Guantanamo-style prison. “We need something from them in black and white to say what it is,” he said. “Tell us something, don’t keep us in the dark.”

Mr Yon said the island was home to a harmonious group of Chinese, Malays and Europeans who respected each other’s cultures. “Why disturb an isolated and unique environment when you can (build the centre) somewhere else?” he said.

Mothballed Detention Centre Reopened

A group of seven asylum seekers were transported by DIMIA to Christmas Island last week. One detainee, his wife and infant children have been allowed to live in the community under new detainment laws. However, three other asylum seekers remain the sole inhabitants of the current Christmas Island detention centre – reopened for the seven from Indonesian West Timor on November 17.

Refugee advocates, Democrats and Greens senators said the recent West Timorese asylum seekers had been “shunted” to the remote facility at a massive cost, raising more doubts about the Howard Government’s promise not to detain children.

Democrats senator Andrew Bartlett, who visited a previous group of 52 Vietnamese asylum seekers in December last year, said he was especially alarmed to learn that children were still being detained despite the Government’s promise that children would only be detained as a last resort.

“We want to know exactly what the cost has been to unnecessarily fly these people over to Christmas Island and why, seeing that they managed to arrive within the accepted migration zone and should be processed here,” Senator Bartlett said. “The only possible reason this family has been transferred to such a remote location is the very deliberate intention of the Government to deny these people proper processing of their claims and to prevent them from accessing adequate legal and other support. It is also assists the Government to keep the family away from media attention or public scrutiny.”

Australian Greens Senator Kerry Nettle says the Government should suspend the construction of the Christmas Island detention centre and review the necessity of the facility. “At a time when the Government claims to be reforming its immigration detention system, it is increasing its capacity to lock people up,” Senator Nettle said. “After the recent scandals and abuses, the public want alternatives to detention, but the Government insists on building more empty prisons.”

According to Immigration Department figures provided at the November 2005 Senate Estimates:

* The current immigration detention centres – Baxter, Villawood, Maribyrnong, Perth, Port Augusta and the existing Christmas Island facility, already have a capacity to hold 1,688 people and they have contingency places for 667 more people, bringing the total capacity to 2,355.

*Port Hedland has a capacity to hold 820 people and is costing $3 million a year to be ready to reopen.

*The infamous Woomera Detention Centre holds 800 and costs $2.6 million to keep mothballed.

Senator Nettle said: “Australia’s total immigration detention capacity is already 3,975 people. The locals on Christmas Island are opposed to this facility, yet the Government is wasting $210 million on another empty prison. Is the government planning to increase the number of people in detention and deport people from the mainland to Christmas Island?”

Environmental Concerns

There has also been environmental concerns about the development. The detention centre site is adjacent to prime “Abbotts booby” habitat, in the north-west corner of the island, and is surrounded by the Christmas Island National Park.

Endangered Abbott’s Boobies nest in tall rainforest trees immediately to the north, south and south-east of the site, and their proximity puts the species at the mercy of turbulence generated by the passage of wind across the clearing.

The National Park encloses the entire range of at least 35 endemic species, more than any other Australian protected area. It is part of the network of habitats of migratory species that Australia must protect under international agreements such as the Japan-Australia Migratory Bird Agreement (JAMBA) and the China-Australia Migratory Bird Agreement (CAMBA).

The Wilderness Society have said, “There are several serious environmental concerns with the selection of this site, not least of which was the selection process itself, the Howard government’s self-exemption from environmental scrutiny normally required under the EPBC Act, and its commitment to best practice environmental measures during construction of the detention centre.”

Research has shown that Abbott’s Boobies nesting within 300 m of clearings experience significantly lower breeding success than birds nesting further away. At last count, 36% of breeding sites across the island were located within this 300 m danger zone.

The centre, under construction since January this year, is not due to be operational until late 2006.

Monday, December 2, 2013

Police in the West Midlands in England today said nearly 200 kilograms worth of drugs with value possibly as great as £30 million (about US$49 million or €36 million) has been seized from a unit in the town of Brownhills. In what an officer described as “one of the largest [seizures] in the force’s 39 year history”, West Midlands Police reported recovering six big cellophane-wrapped cardboard boxes containing cannabis, cocaine, and MDMA (“ecstasy”) in a police raid operation on the Maybrook Industrial Estate in the town on Wednesday.

The seized boxes, which had been loaded onto five freight pallets, contained 120 one-kilogram bags of cannabis, 50 one-kilogram bags of MDMA, and five one-kilogram bricks of cocaine. In a press release, West Midlands Police described what happened after officers found the drugs as they were being unloaded in the operation. “When officers opened the boxes they discovered a deep layer of protective foam chips beneath which the drugs were carefully layered”, the force said. “All the drugs were wrapped in thick plastic bags taped closed with the cannabis vacuum packed to prevent its distinctive pungent aroma from drawing unwanted attention.” Police moved the drugs via forklift truck to a flatbed lorry to remove them.

Detective Sergeant Carl Russell of West Midlands Police’s Force CID said the seizure was the largest he had ever made in the 24 years he has been in West Midlands Police and one of the biggest seizures the force has made since its formation in 1974. “The impact this seizure will have on drug dealing in the region and the UK as a whole cannot be underestimated”, he said. “The drugs had almost certainly been packed to order ready for shipping within Britain but possibly even further afield. Our operation will have a national effect and we are working closely with a range of law enforcement agencies to identify those involved in this crime at whatever level.”

Expert testing on the drugs is ongoing. Estimates described as “conservative” suggest the value of the drugs amounts to £10 million (about US$16.4 million or €12 million), although they could be worth as much as £30 million, subject to purity tests, police said.

Police arrested three men at the unit on suspicion of supplying a controlled drug. The men, a 50-year-old from Brownhills, a 51-year-old from the Norton area of Stoke-on-Trent in Staffordshire, and one aged 53 from Brownhills, have been released on bail as police investigations to “hunt those responsible” continue. West Midlands Police told Wikinews no person has yet been charged in connection with the seizure. Supplying a controlled drug is an imprisonable offence in England, although length of jail sentences vary according to the class and quantity of drugs and the significance of offenders’ roles in committing the crime.

Thursday, September 22, 2011

The family of murdered UK thirteen-year-old Milly Dowler, whose phone was hacked by journalists of the News of the World, have been offered £3 million compensation by Rupert Murdoch’s News International, in settlement negotiations currently under way.

UK newspaper The Guardian revealed the phone hacking earlier this year. After Dowler was reported missing in 2002, her voicemail messages were listened to and several deleted, creating the impression she might still be alive.

The £3 million on offer reportedly includes £1 million to charity. The rest would go directly to the family. The Guardian reports the Dowler’s lawyers were believed to be looking for about ?3.5 million.

News International stated they were “in advanced negotiations” and “hope to conclude the discussion as quickly as possible.”

Rupert Murdoch personally met with the Dowler family earlier in the year to offer them his apologies for the actions of his News of the World paper. News of the World ceased publishing after discovery of the Dowler hacking and other similar incidents.

Friday, April 13, 2007

On Wednesday, Canadian BlackBerry maker Research In Motion Limited (RIM), reported preliminary fourth quarter and year-end financial results. Despite record profits, up from US$18 million in the same quarter last year to $188 million for the current quarter, the news was dampened by the revelation that the US Securities and Exchange Commission (SEC) had formalized its investigation into RIM’s accounting practices.

An internal review by RIM, initiated eight months ago, revealed irregularities with how the company accounted for stock options. On March 5 of 2007, RIM co-chief executive and chairman, Jim Balsillie, resigned his position of chairman, due to the irregularities.

RIM had indicated, until recently, that the SEC probe into the company’s stock option granting practices was an informal inquiry. In a press release April 11, RIM suggested that “the informal inquiry has been converted to a formal investigation.”

In its press release, RIM indicated it would restate financials for the second and third quarters of fiscal 2007, and the fiscal year ended March 3, 2007 only. Through its internal probe, RIM had determined that the accounting irregularities for recently filed Canadian Generally Accepted Accounting Principles (GAAP) statements would not result in a material adjustment. It would not, therefore, restate Canadian GAAP financial statements, filed previously.

Aside from the record profits just reported, RIM indicated that it had shipped approximately 6.4 million BlackBerry devices in fiscal 2007 and that 1.02 million subscriber accounts were added in the fourth quarter. At the end of the quarter, the total BlackBerry subscriber account base had increased to 8 million.

On the news of the formal SEC inquiry, RIM’s stock price was down over 8%, Thursday, on the NASDAQ.

Thursday, March 16, 2006

Anti-war demonstrators in Sydney, Australia on Thursday dubbed U.S. Secretary of State Dr Condoleezza Rice a “war criminal” and “murderer.” Two protesters were evicted and five people were arrested during protests against the U.S.-led invasion of Iraq.

Dr Rice, on a three-day trip to Australia, said she understood why people found it hard to be positive about Iraq when all they saw on their television screens was violence.

Soon after Rice began her speech at the University of Sydney’s Conservatorium of Music, two protesters shouted from the rear of the auditorium, “Condoleezza Rice, you are a war criminal,” and “Iraqi blood is on your hands and you cannot wash that blood away.” Standing with their palms towards her, the young man and woman repeated their accusation until security intervened to remove them from the hall.

About 15 minutes into Rice’s address, a third protester appeared at a balcony door, interrupting her speech as she referred to freedom. “What kind of freedom are you talking about? You are a murderer,” said the demonstrator before he was quietly escorted from the hall. “I’m very glad to see that democracy is well and alive here at the university,” she said.

In her speech, Rice sought to justify the U.S. occupation of Iraq, describing Iraqis as now more free. One student asked about abuses committed by U.S. forces at the Abu Ghraib prison in Iraq. She said the abuses had made her “sick to her stomach.” However, she defended Guantanamo Bay, Cuba, where human rights groups say detainees are held in inhumane conditions and in detention flouting international laws.

Before Rice began her speech, about 50 protesters were gathered at the front gates of the Conservatorium. The group were confronted by police on horseback and by police dogs. Police used the horses to charge into the group of activists and push them back, as a police helicopter hovered.

A police spokeswoman said the group was blocking pedestrian access to the building and that police had spent more than 20 minutes warning them to move. The police then moved in and pushed the crowd back 20 metres. Police say five people have been charged with “hindering police in the execution of their duties.”

The “Stop the War Coalition” says Rice is a “war criminal” and is not welcome in Australia. The group’s spokeswoman, Anna Samson, says the protest is one of many planned in the lead-up to the third anniversary of the invasion and occupation of Iraq on March 20.

Paddy Gibson, from the University of Sydney’s Student’s Council, says the protest is in opposition to the Iraq war, and to the use of the University of Sydney’s campus to host Rice, “the most powerful woman in the world,” who they say is a war criminal. “They’re saying, ‘… you’ve got Sydney Uni’s support to stand up and peddle your murderous hate speeches,’ which is what we see it,” he said.

“You’ve got 180,000 people killed, as we said, for no other reason than strategic control of the region’s oil resources. And the anti-Muslim racism that’s been whipped up to justify this war is being felt by Sydney University students,” said Mr Gibson.

Monday, December 18, 2006

A state of emergency was declared Sunday for the U.S. state of Washington by governor Christine Gregoire, as additional reports of storm-related casualties surfaced. The state National Guard has been deployed to aid in distributing supplies.

Thousands were still without power in the coastal and Puget Sound regions, though most urban areas were back with power as late as Sunday afternoon, and outages were mostly contained to rural and unincorporated areas. Puget Sound Energy reported that roughly 500,000 energy customers out of the 700,000 who lost power were back in service by Sunday evening. Seattle City Light, the city’s independent municipal utility, reported only 18,000 customers still without power as of Monday morning, down from a peak of 175,000.

Four additional deaths related to the post-storm power outage had been reported as of Monday, bringing the total number of casualties to eight. A man in Gig Harbor was electrocuted by a downed power line while walking his dog. Another man in Spanaway died when an unattended candle caused a house fire.

Two died from carbon monoxide poisoning in separate incidents related to use of combustion devices indoors. Roughly a hundred additional cases of non-fatal carbon monoxide poisoning were reported from people using generators or grills indoors. News radio stations and authorities warned the public to stay away from downed power lines and not to use grills indoors. Dr. Neil Hampson at Virginia Mason’s hyperbaric unit, where a number of victims were being treated, warned it could be “the worse case of carbon monoxide poisioning in the country”.

On Monday, four new carbon-monoxide deaths were reported in a family of five in Burien due to an indoor generator. In Canada, which had some damage from the week’s storms, two southern British Columbia carbon monoxide deaths were also reported. Despite continued warnings, hospitals are still seeing cases of carbon monoxide poisoning, including a family in w:Shoreline, Washington which was taken to the hospital after they reported symptoms due to their indoor grill. Neighbors of the Burien family suggested that noise concerns are leading people to place noisy generators indoors.

The massive power outage left many stores and gas stations unable to operate. Some businesses opened with the help of backup generators, conserving power by foregoing heat and refrigeration, exterior lighting, and half the interior lighting. Most stores had run out of “D” size batteries, the most common size for flashlights, as well as firelogs and other essentials. Gasoline shortages were reported throughout the area, with one man selling excess fuel for as high as $15 per gallon, over 5 times the average retail price.

The Red Cross set up shelters throughout King and other affected counties for those without power or food. Hotels reported no vacancies as whole families took shelter in powered hotels, especially in Seattle. Restaurants also reported brisk business as people sought out a hot cooked meal. Tons of perishable food were expected to have become unsafe after the prolonged outage disabled refrigerators and freezers both in homes and stores.

Many of those without power visited nearby friends and family living where power had been continued or restored, while others traveled out of the area to places that had not been affected. The widespread outage made long-distance traveling treacherous on some major routes, with roadway lighting, cellular towers, and services disabled by the outage.

Most major roadways which were closed during the storm were reopened on Friday. The 520 Floating Bridge over Lake Washington, a major conduit to the technology-rich Eastside, sustained minor damage. Amtrak, which had halted its Cascades service, resumed Saturday evening. Sea-Tac Airport resumed operations with a reduced flight load, after a transient power outage on Friday disabled the airport radar and caused all planes to be grounded until it was repaired.

Monday, April 17, 2006

Canada‘s Food Inspection Agency has confirmed that a cow in British Columbia, Canada, tested positive for bovine spongiform encephalopathy, or “mad cow disease”. Officials announced on Friday that initial tests done on the purebred six-year-old dairy Holstein had come back inconclusive. The cow was found in Fraser Valley, a farming community near Vancouver, British Columbia.

Officials also say that the beef supply is safe because none of the infected cows had made it to the human food chain. “This finding does not affect the safety of Canadian beef. Tissues in which BSE is known to concentrate in infected animals are removed from all cattle slaughtered in Canada for domestic and international human consumption. No part of this animal entered the human food or animal feed systems,” said agency officials in a statement on Sunday.

“This animal, a six-year-old dairy cow, developed BSE after the implementation of Canada’s feed ban. Investigators will pay particular attention to the feed to which the animal may have been exposed early in its life, when cattle are most susceptible to BSE. The CFIA is collecting records of feed purchased by and used on the animal’s birth farm,” the statement continued.

However, the United States does not believe a ban on Canadian beef will come immediately. “Information gathered through this investigation will help us to determine what, if any, impact this should have on our beef and live cattle trade with Canada. Based on the information currently available, I do not anticipate a change in the status of our trade,” said U.S. Agriculture Secretary Mike Johanns.

This is Canada’s fifth confirmed case of the disease since May 2003, and officials have tested more than 100,000 cows since the first case of the disease turned up in Alberta. This is the second cow to test positive for the disease this year.

At least 150 people worldwide have died from eating beef contaminated with the variant Creutzfeldt-Jakob disease, a nerve disease that is usually fatal. Most of the deaths occurred in the United Kingdom.

Sunday, October 10, 2010

A United States federal court judge and Florida state court judge are enmeshed in a conflict against each other regarding a wrongful death lawsuit involving Scientology.

A federal judge for the United States District Court for the Middle District of Florida, Steven Douglas Merryday, ordered Pinellas County Senior Circuit Judge Robert E. Beach not to intervene regarding appearance of an attorney in a federal court case involving Scientology. Lawyer Kennan Dandar is representing the estate of Kyle Thomas Brennan in a wrongful death claim against the Scientology organization.

The suit asserts that members of the Scientology organization, including the father of Brennan, removed access to the deceased’s anti-depression medication, and provided him with means to utilize a loaded gun. Brennan had been staying with his father for a week prior to his death. Police in Clearwater, Florida investigated the 2007 death of Brennan, and determined it was a suicide. Kyle Brennan was himself not a member of Scientology. The lawsuit, filed in 2009, was filed by Brennan’s mother on behalf of her son’s estate. Named as defendants in the lawsuit include the Scientology organization, its subdivision the Flag Service Organization, twin sister of Scientology leader David Miscavige – Denise Gentile, and her husband Gerald Gentile.

Attorney Dandar had previously represented the estate of Lisa McPherson in a separate civil wrongful death claim against the Scientology organization. After being under the care of members of the Scientology organization for 17 days, McPherson died in Clearwater in 1995. The wrongful death suit claimed that Scientology officials permitted McPherson to deteriorate to a dehydrated state, where her condition was such that she did not have the energy to fend off cockroaches from biting her skin.

Scientology management settled the McPherson wrongful death case in 2004; lawyers representing the organization stated the settlement included a confidential arrangement with Dandar to never again represent clients in lawsuits against Scientology entities. The settlement included an agreement that both sides would never speak again about the case; California lawyer Ford Greene commented, “The church bought silence.” The Scientology organization had also filed a countersuit against the estate of Lisa McPherson, and named Dandar a party to that lawsuit. The organization claimed Dandar had inappropriately tried to add the head of Scientology David Miscavige as a party to the wrongful death lawsuit.

Scientology legal representatives requested Judge Beach to see to it that Dandar abide by the secret settlement agreement, and Beach subsequently issued an order in June 2009 that Dandar be removed from the Brennan wrongful death case. Dandar faced sanctions from Judge Beach including suspension of Dandar’s license to practice law, a US$130,000 judgement to be given to the Scientology organization, and a fine of $1,000 per day. Judge Beach ruled that all money from the sanctions imposed against Dandar – were to go directly to the Scientology organization. The Tampa Tribune noted that Judge Breach made his ruling, “in an inexplicably closed hearing from which Beach tossed a St. Petersburg Times reporter”.

Faced with these possible sanctions, Dandar filed an “involuntary” motion to withdraw from the Brennan wrongful death case in federal court, but Judge Merryday denied this request. Dandar stated to The Tampa Tribune, “I’m stuck in the middle of two courts.”

D. Wallace Pope, a lawyer for the Scientology organization, stated that he wished to show evidence regarding the settlement in the McPherson wrongful death case. However, Judge Merryday emphasized his main issue was determining whether or not Dandar was being penalized for obeying the federal court’s order denying his request to be withdrawn from the Brennan wrongful death case. Judge Merryday stated he would prevent the Scientology organization along with Judge Beach from punishing Dandar for representing his client in US federal court. Merryday stated Beach had attempted to usurp control outside of his jurisdiction, thereby “aggressively” interferring with the US federal court process through imposing sanctions on Dandar.

Merryday has served as a US federal judge based in Tampa, Florida since 1992. The St. Petersburg Times noted that Judge Merryday, “has presided over some of the region’s most noteworthy cases.” Judge Merryday’s court order creating an injunction against Beach was 29-pages long, and criticized the “stunning severity” of Beach’s sanctions imposed on Dandar. Merryday explained that the federal court needed to “act in defense of the (federal) court’s jurisdiction”, due to Beach’s actions. Referencing Judge Beach, Merryday wrote in his court order, “A judge should not undertake, directly or indirectly, overtly or through a surrogate, to compel an act by another judge, especially in a different jurisdiction.”

Judge Merryday stated to Scientology lawyers, “have forced my hand on this issue.” Merryday stated to Scientology lawyer, Robert Potter, “I don’t like being put in this position. When people start to squeeze, other people can squeeze back.” Potter asked him to seal the proceedings from public view, and Judge Merryday responded, “I’m not going to be entering any seals unless I see a lawful reason, and I can’t even see the beginning of a reason”. Merryday stated he would not allow his court to be influenced by “some circuit judge somewhere who appears for all I can tell to have sealed something for some unknown reason”.

Judge Beach responded to Judge Merryday’s injunction which “permanently enjoined” him from imposing sanctions on Dandar, by filing a motion on Thursday in federal court in Tampa. Beach asked Merryday to rescind his order so that he may recuse himself from acting as a judge on the Scientology case related to Dandar. Beach’s motion argued that he was denied due process because he was not given notice by Merryday of the hearing which occurred before Merryday issued his ruling. In addition, Beach asserted Merryday did not have power to issue the ruling restricting him from sanctioning Dandar, because Beach was not a party to the Brennan wrongful death case, and Merryday lacked authority to restrict powers of a judge from outside his federal court jurisdiction. In response, Judge Merryday has scheduled a hearing for October 12 in federal court to hear state court judge Beach.

Martin Errorl Rice is an attorney in St. Petersburg, Florida who represented Beach in the motion before the US federal court. Rice stated his client’s motivation in requesting the ruling by Judge Merryday be rescinded was to allow Beach to recuse from the Scientology case. Rice told the St. Petersburg Times that his client’s conflict with the US federal court has “cast kind of a cloud” over Beach’s position in the Scientology case.

Stetson University College of Law constitutional law professor Michael Allen analyzed the clash between the US judge and Florida judge for The Tampa Tribune. Allen observed that it was “very, very rare” for a US federal judge to order a state judge. He noted that a 1793 federal law contravenes such orders – except in “extraordinarily narrow” cases where the federal judges are permitted to create rulings in order to safeguard the jurisdiction of their federal court proceedings.