Crime files reviewed under new law

South Australian police are reviewing as many as 10 old criminal cases, as double jeopardy [draconian] law takes effect.

People acquitted of major crimes, such as murder or manslaughter, could now face a second trial.

SA Attorney-General Michael Atkinson says a new trial would only occur where there was new evidence, or where an acquittal was considered tainted or justice had been hampered. [Or where the authorities and corporate media weren't satisfied?]

He said between five and 10 cases were again under scrutiny.

"There are cases now being re-investigated by the police that will be able to be brought to trial by this change in the law, but for obvious reasons I'm not at liberty to tell you what those cases are," he said.

Related:

Burrell to appeal again over Whelan murder
The High Court has ordered the New South Wales Court of Criminal Appeal to re-hear an appeal by convicted murderer Bruce Burrell.

Burrell sentenced to life for Whelan murder?
In his defence, his lawyers argued that the prosecution case was based on speculative and intrinsically flawed circumstantial evidence. What's more, Bruce Burrell's lawyers pointed out there wasn't a shred of forensic evidence linking him to the crime. Not a single hair, not even a microscopic trace of Kerry Whelan's DNA was ever found, despite extensive searches of his cars and property. [But the jury's guilty verdict demonstrates that a strong circumstantial case can be sufficient to ensure a conviction?

TRIAL BY MEDIA! or trial by a Jury?
Once a person is charged there should be a media black ban on that case until a jury has found the person either guilty or not guilty. If the media have the power to elect our political parties then they also have the power to find people guilty. Especially people who are being tried over and over again. Now with no double jeopardy rules and majority verdicts in NSW then high profile cases have become susceptible to being tried by the media and not by the jury in my humble opinion.

Burrell to appeal again over Whelan murder

Appeal to be re-heard: Bruce Burrell

The High Court has ordered the New South Wales Court of Criminal Appeal to re-hear an appeal by convicted murderer Bruce Burrell.

Fifty-five-year-old Burrell is serving life in jail for kidnapping and killing Kerry Whelan, who was last seen outside a Parramatta hotel in May 1997.

The New South Wales Court of Criminal Appeal dismissed an appeal last year against Burrell's conviction, but it was later discovered that the decision included substantial factual errors that were not included in the trial.

The NSW Court upheld its original decision.

Today the High Court unanimously allowed Burrell's appeal and ordered that it be re-heard.

Related:

Burrell sentenced to life for Whelan murder?
In his defence, his lawyers argued that the prosecution case was based on speculative and intrinsically flawed circumstantial evidence. What's more, Bruce Burrell's lawyers pointed out there wasn't a shred of forensic evidence linking him to the crime. Not a single hair, not even a microscopic trace of Kerry Whelan's DNA was ever found, despite extensive searches of his cars and property. [But the jury's guilty verdict demonstrates that a strong circumstantial case can be sufficient to ensure a conviction?

TRIAL BY MEDIA! or trial by a Jury?
Once a person is charged there should be a media black ban on that case until a jury has found the person either guilty or not guilty. If the media have the power to elect our political parties then they also have the power to find people guilty. Especially people who are being tried over and over again. Now with no double jeopardy rules and majority verdicts in NSW then high profile cases have become susceptible to being tried by the media and not by the jury in my humble opinion.

Mouse Trap Game? Tried Until Guilty!
Two New South Wales Labor MPs have strongly criticised the Carr Government's proposed abolition of the 800 year old double jeopardy rule, which stops people being tried a second time for the same crime. The left-wing MPs have branded the reforms as dishonest and unjust in a formal submission to the Attorney-General's department.

Emergency vehicles causing car crashes

Figures from a car insurance agency suggest that as many as 10 road accidents a week are being caused by drivers reacting poorly to the sirens and flashing lights of emergency services vehicles.

The data, collected by NRMA Insurance, has prompted calls for drivers not to panic when they hear sirens while driving.

Steve Beatty from NRMA Insurance says drivers have to be more aware of their surroundings.

"Don't panic, stay calm," he said.

"It really isn't about any erratic sort of behaviour at all. It really is about responding very, very calmly to people who are doing their job."

More homeless seeking help: report

A new report shows there has been a substantial increase in the number of homeless Australians seeking government help.

The Supported Accommodation Assistance Program (SAAP) is a federal and state government initiative aimed at providing services and housing to the country's homeless.

New figures from the Australian Institute of Health and Welfare show 187,000 homeless people used the program in the 2006-2007 financial year, the majority of them being young women.

The Institute's Felicity Murdoch says the increase in the numbers of people using the service reflects a number of new agencies that have been added to the program.

"It definitely shows that there's a need out there for these sorts of services, in that once you increase the scope of the program more people are accessing it and it's a very positive outcome in that people who are requiring assistance are able to get it now," she said.

"What we see is that young females particularly between the ages of 15 and 19 years are particularly likely to become a SAAP client."

Related:

Housing rents surge in Sydney
RENTS for houses across Sydney surged 8 per cent in the three months to June, driven by landlords facing higher mortgage rates.

First mortgages doubled in a decade: ABS
The amount first home buyers borrowed to make their housing purchase doubled in the 10 years to 2005-06, new statistics show.

Housing crisis forcing people to sleep rough
A Wesley Mission study found 71 per cent of respondents identified the housing crisis as the major reason for them becoming homeless. Of those, 88 per cent said accumulated debt and unexpected financial crisis were factors.

Funding fall 'locks workers out of housing'
People who cannot afford to rent or buy suitable homes have been locked out of public housing because of a drastic fall in national funding, a Sydney conference has heard.

Renters must pay for their own evictions
SYDNEY renters have plenty to gripe about. Not only are their rents soaring but they are also funding the legal machinery used by landlords to evict them.

NSW feels the deepest jobs cut
MORE than 17,000 NSW workers left or lost their jobs last month in the worst labour market reading in years, fuelling fears the state will suffer the brunt of the coming economic slowdown.

Welfare services under strain: survey
The number of people accessing community services is on the rise, a new survey shows.

Report warns new wave of homelessness
State and federal governments are being warned of a new wave of homelessness threatening disadvantaged families.

When pain persists, they arrive
People are still angry when they lose their houses, but he notices that "people nowadays seem to think, when they take a loan, that it's a risk and that if they take the loan they might end up losing their house".

'No warning' about Beechwood collapse
The New South Wales Government says it had no warning one of the state's largest building companies was about to collapse, despite receiving more than 100 complaints over three years.

Housing crisis is real: industry
The Housing Industry Association (HIA) says new research highlights the seriousness of Australia's housing crisis.

Fee too much for Block project
THE Aboriginal Housing Company has accused the Minister for Planning, Frank Sartor, of "trying to crucify" an ambitious housing plan for the Block in Redfern after his department refused to waive a $60,000 development application processing fee for the project.

Harbour Bridge displays public sector anger

Hundreds of public sector workers have rallied outside the New South Wales Government's Sydney offices as part of a state-wide day of action against its 2.5 per cent capped pay rise offer.

Police are refusing to issue fines for minor offences as part of the day of action, which also involves firefighters and teachers.

Roads and Traffic Authority (RTA) workers have unfurled a banner from the Sydney Harbour Bridge to draw attention to the anger.

All state departments are banning communication with ministers or ministerial officers.

Unions NSW secretary John Robertson told the rally the Government needed to pay frontline workers more because the offer was far below the inflation level.

"I remember Morris Iemma's election campaign: 'Better services for the people of NSW'," he said.

"Well, you don't deliver better services if you are not paying people a decent wage."

Firefighters have also taken part a separate rally at east Darling Harbour.

Protests have also been held in Wollongong and outside Treasurer Michael Costa's Newcastle office.

The workers, including police officers, firefighters and teachers, say the offer is far below the inflation level.

Robert French next High Court chief justice

Justice Robert French is the first West Australian to be appointed Chief Justice of the High Court.

Robert French has been appointed as the new chief justice of the High Court, Prime Minister Kevin Rudd has announced.

He will be the first Western Australian to be the Chief Justice of Australia.

Justice French will take over from Justice Murray Gleeson who is retiring at the end of August.

Mr Rudd has congratulated Justice French on the appointment and has thanked Justice Gleeson for his contribution.

"Justice French brings to this appointment 22 years worth of service on the Federal Court, he is well regarded across the legal profession, he has had a distinguished career so far," he said.

Justice French graduated with a Bachelor of Science and Bachelor of Laws from the University of Western Australia and practised as a barrister for 11 years before serving three years at the Western Australian bar.

He was appointed to the Federal Court in 1986.

He now also serves part-time on the Australian Law Reform Commission.

Attorney-General Robert McClelland says Justice French is seen as a fair-minded judge who has maintained passion for the development of the law.

"He is regarded academically as a lawyer of great expertise ... he is regarded as a constitutional law expert," he said.

"We are confident that he will provide outstanding leadership."

Mr McClelland has described Justice French as a "black letter" lawyer.

"He has written a number of articles commenting on the development and the evolution of the law so he brings to bear an interest in the practical development of the law but in accordance with legal principles," he said.

Mr McClelland would not confirm whether those justices already sitting at the High Court were considered for the role but he says Justice French was chosen from 24 nominations which were drawn from extensive consultation in the legal profession.

However, neither he nor the Prime Minister interviewed Justice French before the appointment.

eBay fraud probe could take months

It could be months before police can unravel the spectacular collapse of one of the biggest Australian sellers on eBay, which left hundreds of users out of pocket hundreds of thousands of dollars.

Despite setting up a special PayPal fund to help some of the burned buyers with refunds, eBay has been criticised for not acting to remove the company's account earlier.

eBay users say they warned the auction site of problems with EBS International as early as 2006.

A group of disgruntled sellers say the auction site set up the special fund only to avoid being sued for negligence for allowing the company to continue selling on the site despite complaints.

EBS International, which sold items including exercise equipment, furniture and bikes on eBay under the name ebusiness-supplies, went into administration on Friday.

SV Partners, the company's liquidators, said it was being inundated with calls from eBay users seeking to be added to the list of creditors and would not be able to start its formal investigation for weeks.

Detective Senior Constable Michelle Cavanagh, a member of the fraud squad at Queensland Police, said she was waiting for advice from the liquidator to determine whether any criminality was involved. The fraud department had received 16 complaints so far, she said.

The list of people affected by the collapse of the company continues to balloon.

Yesterday, more than 450 people - who bought items from the seller at heavily discounted prices in the lead-up to its collapse - had left negative feedback for the seller.

Today, the number of negative feedback comments left in the past month sits at more than 650 and eBay has finally decided to disable the company's user account. But the tales of woe from hundreds of disgruntled users remain visible on the seller's feedback page.

In the three months before its collapse, ebusiness-supplies, the seventh biggest Australian eBay user in terms of the number of items sold, sold more than $1 million worth of goods. Most of those goods weren't delivered and the buyers have been left scrambling for their money.

Directors of EBS International, who recently relocated to China, have told liquidators that the company collapsed because an agent in China took the company's money without delivering goods.

But a large eBay seller who competed with ebusiness-supplies believes the collapse is suspect. The seller, who did not want to be named, said EBS International changed its product mix before its demise to favour large value items and sold them at prices below cost.

He said he purchased from the same Chinese factories as EBS International and did not accept the agent excuse because EBS International dealt only with factories directly.

PayPal managing director Andrew Pipolo set up a special PayPal fund to deal with this incident and said everyone who paid for items using PayPal would be entitled to refunds.

But those who paid using other methods such as a bank deposit or credit card must now rely on their banks and the liquidators to help them get their money back.

Before its demise, EBS International was selling items on a "pre-sale" basis, promising to deliver goods within 30 days.

PayPal's own rules state that, to offer PayPal as a payment option, sellers must guarantee delivery of pre-sale items within 20 days.

The loophole - and the fact that EBS International's PayPal account was soon emptied - meant many buyers were not entitled to refunds under PayPal's buyer protection program, despite a buyer protection logo being included in EBS International's listings. Furthermore, many of the bikes sold by the company are not covered by buyer protection because they are classed as vehicles.

Robert Vandermeer, who represents a coalition of eBay sellers, said PayPal only set up the special fund to reimburse buyers who lost their PayPal payments so it would not be legally liable for negligence.

"We will now have our lawyers look at the legality of the EBS listings and eBay's actions and inactions since then to explore the potential for a class action for sellers who used other than PayPal to pay EBS," he said.

"There's a growing case for negligence against eBay - this happened before their wide-open eyes."

Public schools allowing Christian sex ed

The Greens say the New South Wales Government needs to better control which groups have access to public school classrooms.

It has emerged that a Christian church-backed program is being taught as part of regular curriculum in some NSW schools.

The Choices of Life program, devised by the Presbyterian and Baptist churches, has been taught in human sexuality classes in at least three state primary schools and some high schools.

Greens MP John Kaye says the program pushes an anti-abortion and pro-abstinence message, and it is disturbing that it has been allowed into classrooms.

"It's indoctrination of students, it runs counter to the demands of the Education Act that public schools instruction be strictly non-sectarian and secular," he said.

"It also runs counter to the more than 80 per cent of Australians who oppose any restrictions on the rights of women to have abortion."

Mr Kayes says the anti-abortion, pro-abstinence message goes against the Education Act, which demands that public school instruction be secular.

"The Iemma Government has lost control of who gets access to public school class rooms," he said.

"Earlier this week, we had the Hillsong Church with its Shine program running in 20 public schools. Now we've got the Choice of Life organisation.

"There needs to be far better regulation to stop groups getting access to public school classes when they haven't been appropriately vetted."

The Department of Education and Training says it will review the use of the Choices of Life program.

Related:

Hillsong hits schools with beauty gospel
EVERY Tuesday afternoon during the first term at Matraville Sports High School, a group of young women take part in classes intended to boost their self-esteem. Some have personal problems, others have behavioural issues, while a few simply go because their friends do.

Psychiatric care for woman who killed

A Sydney woman charged with the stabbing murder of her father and sister has been found not guilty by reason of mental illness.

The 26-year-old woman, who cannot be named for legal reasons, was charged with killing her father and sister at their Revesby home in July last year.

She was also charged with inflicting grievous bodily harm on her mother.

The court previously heard the woman was denied treatment for schizophrenia because of her father's beliefs in Scientology.

Justice Michael Grove has found her not guilty by reason of mental illness.

She will be kept under psychiatric care in hospital until further directions from the Mental Health Review Tribunal.

Indigenous win in fishing rights case

Traditional Aboriginal owners in the Northern Territory have won their legal action in the High Court, securing control of waters between the high and low tide mark at Blue Mud Bay.

The decision affects more than 80 per cent of coastal waters in the Northern Territory and gives traditional owners the power to exclude fishermen from the area.

After hearing the High Court's decision the Northern Land Council, which represents traditional owners, said it had developed a constructive relationship with fishing representatives over the past year and looked forward to securing a win-win outcome for all Territorians.

Mother gets good behaviour bond

A Lake Macquarie woman who admitted dumping the body of her newborn baby at Belmont has been given a good behaviour bond by a Newcastle court.

The 33-year-old woman who cannot be identified pleaded guilty to dumping her newborn baby in a vacant lot beside the Pacific Highway at Belmont in December last year, after earlier giving birth in a nearby hotel.

Newcastle Local Court was told today a coroner's report confirmed that the baby died soon after the mother had given birth.

Magistrate Elaine Truscott told the court she was satisfied the mother was suffering from depression and post traumatic stress at the time and had very little recollection of the events.

Ms Truscott placed the woman on an 18-month good behaviour bond and an inquest into the baby's death which was due to commence on August 8 will not proceed.

China's human rights worse: Amnesty

Human rights group Amnesty International has released a scathing assessment of China's human rights record since it was awarded the right to host next month's Olympic Games seven years ago.

The report says that far from improving, China's human rights record has actually worsened.

Amnesty says when it won the right to host the games, the Chinese Government promised better human rights and greater freedom for the media.

But Amnesty's China researcher Mark Allison says this has not happened.

"We want China to live up to its promise of complete media freedom and allow full access to foreign journalists who are reporting in China," he said.

"We want them to release all the journalists, Chinese journalists, who've been imprisoned in violation of their human rights and also to stop its censorship of the domestic media, particularly the internet."

There has not been a reaction to the Amnesty report from China so far.

Related:

Beijing 2008: how much will you be allowed to see?



The spectacle of the opening ceremony. The competition in the pool. The drama in the glamorous stadium. All of this and more will be broadcast around Australia and the world when the Beijing Olympics get underway in just a few weeks time.

But what about the executions still being carried out by the Chinese Government? Or the ‘Re-education through Labour’ camps where hundreds of thousands of people are detained without charge or trial? What about the torture that is frequently reported? The repression of free speech?

Ye Guozhu was tried in secret and sentenced to four years in jail for “picking quarrels and stirring up trouble”. His ‘crime’ was to apply for permission to protest after his home and restaurant were demolished to make way for the Olympics.

People like Ye Guozhu are silenced. You are not. Use your freedom to speak up for those who can’t and become a Human Rights Defender.

Human rights in China have actually deteriorated because of the Games. The authorities have locked up and forcibly removed people they think will threaten the image of stability and harmony.

This is the China the authorities do not want you to see. Please don’t let them pull the wool over your eyes. Get the full picture on China.

Help monitor China's internet censorship now!

China operates a sophisticated internet censorship regime and it is difficult to know exactly what information Chinese citizens can and can't access. The lead-up to the 2008 Beijing Olympics has seen some previously inaccessible websites in China become wholly or partly accessible.

We have developed a method to test, monitor and report on changes in levels of censorship, to assist in pressuring the Chinese Government to not revert old ways once the Games are over. If you are travelling to China during 2008 you can register to become a Chinese Internet Censorship Index (CICI) tester. This simply involves testing access to specific websites. The sites chosen for testing are ones that a tourist or journalist might access, such as BBC news and flickr. We believe that participating in these tests presents no risk to visitors to China.

Those not travelling to China can also participate by displaying a CICI badge on their Facebook, MySpace, blog or website to help us spread the word.

Join global day of protest

To mark the 10-day countdown to the Beijing Olympics on 30 July, we will be holding a global, online day of protest against internet censorship in China. All registered websites will display a censorship simulation which will momentarily censor random words on webpages.

Join the protest by registering now

Updated 30 July 11:36am (AEST)

China to censor Internet during Games: official

China will censor the Internet used by foreign media during the Olympics, an organising committee official confirmed Wednesday, reversing a pledge to offer complete media freedom at the games.

"During the Olympic Games we will provide sufficient access to the Internet for reporters," said Sun Weide, spokesman for the organising committee.

He confirmed, however, that journalists would not be able to access information or websites connected to the Falungong spiritual movement which is banned in China.

Other sites were also unavailable to journalists, he said, without specifying which ones.

Journalists working at the main press centre for the Olympics also complained that they were unable to access Internet sites belonging to rights group Amnesty International, the BBC, Germany's Deutsche Welle, Hong Kong newspaper Apple Daily, and Taiwan newspaper Liberty Times.

"Our promise was that journalists would be able to use the Internet for their work during the Olympic Games," said Sun.

"So we have given them sufficient access to do that."

However, in the runup to the Games the Beijing Olympic organising committee, under pressure from the International Olympic Committee, has promised full access to the Internet for thousands of reporters expected here to cover the August 8-24 Games.

Falungong is a spiritual group banned by China as an "evil cult," and many of its members have been detained, amid claims that hundreds have died in custody due to torture, abuse and neglect.

Dalai Lama arrives in Sydney
The president of the NSW Tibetan Community, Tenzin Gaden said he hoped the Dalai Lama's visit would raise awareness of the plight of the Tibetan people, who are under Chinese rule.

Thousands flock to Canberra ahead of torch relay
"Among all the communities, including the Chinese and Tibetan, those who live in Australia, I personally have had to deal with them in many, many years, they are strongly supportive of peace and harmony, because we are a great multicultural nation here."

Fed Govt 'ignoring Stolen Generations'

A central Australian member of the Stolen Generations says the Federal Government is re-traumatising the people it apologised to earlier this year.

The Federal Government is still considering its response to last month's Senate inquiry report, which recommended an Indigenous healing fund be set up to support Stolen Generations members.

Harold Furber says the Northern Territory Stolen Generations members have a direct relationship with the Commonwealth, unlike their counterparts in other jurisdictions.

But he says the Federal Government is not listening to them.

"This continuous buck-passing, procrastination, hypocritical attitudes," he said.

"I'd suggest is re-traumatising the very people they want to set up a healing process for."

Stolen Generations members also say federal Indigenous Affairs Minister Jenny Macklin should meet with them if she is serious about repairing past government wrongs.

Jackie Baxter from the Central Australian Stolen Generation and Families Aboriginal Corporation says she is concerned the Minister did not meet with them on her recent visit to Alice Springs.

"We feel that our voice isn't being heard, that our voice never has been heard in the way that we present ourselves," she said.

"We would like her to come here and meet with us. We are sick of going to Canberra all the time.

"We have to go there to talk about Northern Territory's issues about the Stolen Generation."

Related:

Aboriginal coalition gives Govt health petition
A coalition of human rights, health and Aboriginal groups has presented the Government with a set of targets it says are necessary to improve the life expectancy of Indigenous Australians.

Aborigines want end to NT intervention
Thousands of Aborigines are petitioning to have the Northern Territory intervention abandoned.

Constitutional recognition for Arnhem Land
An Indigenous leader has asked Mr Rudd to recognise the rights of the people of Arnhem Land and has also called for full control of the land and waters.

Govt moves to take native title claims out of the courts
Lengthy court battles over native title claims could be done away with if the Commonwealth, state and territory governments have their way.

New NT laws: 'more Aboriginal people jailed'
The Australian Council for Civil Liberties says more Aboriginal people will go to jail under proposed mandatory sentencing laws in the Northern Territory.

Aboriginal inmates '22pc and rising' of prison population
The Cooperative Research Centre for Aboriginal Health says new research is urgently needed to address the worsening rate of Indigenous incarceration.

NAIDOC week to focus on Indigenous inequalities
A series of events to mark the contribution of Australia's Indigenous people will be held across the country this week.

Income management extended for NT
Federal Indigenous Affairs Minister Jenny Macklin has announced income management will be extended for up to a year in four Northern Territory Aboriginal communities.

Intervention delivering 'empty shipping containers, no houses'
A member of the Maningrida community in the Northern Territory's Arnhem Land says he cannot see any infrastructure changes as a result of the emergency intervention, and wants to know where the money has been spent.

Abandon NT intervention: Commissioner
The Northern Territory's Anti-Discrimination Commissioner Tony Fitzgerald says the Federal intervention into remote Aboriginal communities should be abandoned and the legislation underpinning it should be repealed.

Stolen generation compensation ruled out
A FEDERAL parliamentary committee has recommended a "healing" fund be set up to help members of the stolen generations, but knocked back the suggestion of compensation payments.

Budget to roll out new welfare card
Welfare plan: The new card will be initially rolled out in NT Indigenous communities. The Australian Council of Social Service (ACOSS) says the Rudd Government's proposed welfare debit card is not the best way to help struggling families.

Racism to blame' for Aboriginal health problems
The Australians for Native Title and Reconciliation (ANTAR) group says racism is directly to blame for many health problems in the Aboriginal community.

Police cannot cope with backlash
Chief Minister, Paul Henderson, has warned the Federal Government that many indigenous people displaced by the emergency intervention are creating unrest and straining police capacity.

2020 Indigenous youth delegate calls for national body
An Indigenous youth representative at this weekend's 2020 summit says a new national Aboriginal body should be created to avoid some of the add-hoc policies surrounding the federal intervention.

Call for new indigenous body
Former ATSIC Commissioner Klynton Wanganeen says he will raise the idea of a new national body to represent indigenous communities at the 2020 Summit.

Roxon signs off on Indigenous health pledges
Indigenous Australians will have access to the same health services as the rest of the population by 2018, under a Federal Government plan.

Discrimination Act should apply to intervention: Calma
The Aboriginal and Torres Strait Islander Social Justice Commissioner wants the Racial Discrimination Act immediately reinstated in the Northern Territory's Indigenous communities.

Porn ban in Indigenous communities 'racist'
The Australian National Adult Retail Association (Eros) says the Federal Government's ban on X-rated pornography in Aboriginal communities is pointless, racist and should be revoked.

Retailers' warning on welfare card shop spies
EMPLOYEES across the country will be at risk of entrapment by government "spies", retailers have warned, under a Federal Government proposal to control fraudulent use of a new welfare debit card.

Union urges PM to act on Stolen Generations promise
The Australian Education Union (AEU) wants the Federal Government to follow Prime Minister Kevin Rudd's apology to the Stolen Generations with a significant funding boost for Indigenous education in the Northern Territory.

Union calls for $2.9b to fund education shortfall
The Education Union is calling on the Federal Government to provide an extra $2.9 billion in funding for public schools

Govt, union defend remote community schooling
The Centre for Independent Studies says Aboriginal students in the Northern Territory are finishing school with the numeracy and literacy skills of five-year-olds.

Aboriginal delegation heads to UN
The National Aboriginal Alliance is taking its concerns about the Northern Territory intervention to the United Nations

Indigenous welfare quarantine scheme gets go ahead
Parents in four Cape York Indigenous communities could soon have their welfare payments quarantined if they do not take care of their children and homes and do not stay out of trouble with the law.

Discrimination Act should apply to intervention: Calma
The Aboriginal and Torres Strait Islander Social Justice Commissioner wants the Racial Discrimination Act immediately reinstated in the Northern Territory's Indigenous communities.

Union urges PM to act on Stolen Generations promise
The Australian Education Union (AEU) wants the Federal Government to follow Prime Minister Kevin Rudd's apology to the Stolen Generations with a significant funding boost for Indigenous education in the Northern Territory.

Doctor urges mandatory detention inquiry

Doctor urges mandatory detention inquiry...

A psychiatrist who has treated immigration detainees says former government ministers should be called to account for the policy of mandatory detention.

Immigration Minister Chris Evans says mandatory detention will stay but with new rules.

Dr Jon Jureidini, of Adelaide's Women's and Children's Hospital, treated detainees over many years from the now-closed Baxter detention centre in South Australia.

He says former prime minister John Howard and former immigration minister Philip Ruddock should face a public inquiry about mandatory detention and the psychological harm it caused.

"The Howard government under Ruddock immigration administration knowingly locked up children for extended periods," he said.

"And they were quite clearly told by many people that this was very seriously damaging the people that were being locked up.

"What needs to happen is that the people who've done the damage need to take responsibility for what they've done."

Related:

Mandatory detention changes

The majority of asylum seekers will no longer be detained under major immigration reforms announced by Immigration Minister Chris Evans.

The Government will not completely scrap mandatory detention but Senator Evans says the Department of Immigration will have to justify why a person should be detained.

"A person who poses no danger to the community will be able to remain in the community while their visa status is resolved," Senator Evans said.

Mandatory detention will now apply to three groups that the Minister says pose a risk to the wider community, such as those who have repeatedly breached their visa conditions.

"Once in detention a detainee's case will be reviewed every three months to ensure that the further detention of the individual is justified," Senator Evans said.

Children will also no longer be detained.

Asylum seekers who arrive at Christmas Island will still also be detained for health and security checks and will also continue to be processed at Christmas Island. However, they will now have access to legal assistance.

At present, 385 people are held in immigration detention. Of those, 64 are seeking asylum or waiting for a result from an application for a protection visa.

Refugees highest level in history: UN
The United Nations High Commissioner for Refugees (UNHCR) says there are more displaced people in the world than at any time in history, with the bulk of them coming from Iraq and Afghanistan.

Detainees climb Villawood roof in deportation protest
The Department of Immigration has confirmed two Chinese nationals have climbed on to the roof of Sydney's Villawood Detention Centre.

Visas offered to 31 in long detention
The federal government is offering visas to 31 people who have been in immigration detention for more than two years.

Evans unveils new border security measures
Immigration Minister Chris Evans says new border security measures at international airports and sea ports will strengthen Australia's security. The new system will allow immigration officials to assess passengers' data before their flight or ship arrives in Australia.

1000 refugees receive protection, not detention
MOHAMMAD DAWLAT HUSSAIN is among 1000 refugees who can apply for family members to join them in Australia after the Federal Government scrapped temporary protection visas in Tuesday night's budget.

Georgiou repeats call to scrap citizenship test
Liberal backbencher Petro Georgiou says Australia's controversial new citizenship test should not just be reviewed - it should be scrapped altogether. Immigration Minister Chris Evans says he has no plans to abolish the Howard Government-era test, but he is open to making improvements.

Man gets life for decapitating teenager

A man has been jailed for life in Queensland over the brutal murder of a teenager who was stabbed 133 times and decapitated before his head was used as a bowling ball.

A Supreme Court jury in Brisbane took less than a day to find James Patrick Roughan, 28, guilty of murdering 17-year-old Morgan Jay Shepherd on March 29, 2005.

This was the second time Roughan has been found guilty of the murder.

He and co-offender Christopher Clark Jones, 24, were both sentenced to life imprisonment in April last year after being found guilty after a lengthy trial.

Roughan appealed the verdict in the Court of Appeal in Brisbane and won a retrial in December last year.

At the start of the second trial he pleaded guilty to one count of interfering with a corpse, and to a charge of accessary to murder after the fact.

However, the crown proceeded with the murder trial, presenting evidence that was accepted by the jury, which returned a guilty verdict late Monday night.

During the eight-day trial the court was told Mr Shepherd's body was found in a shallow grave near Dayboro, northwest of Brisbane, on April 1, 2005.

The teenager died after being stabbed more than 133 times, and his head had been sawn off.

Prosecutor David Meredith told the court Roughan and Jones had murdered Mr Shepherd after becoming embroiled in an argument during a drinking session at Roughan's home in Sandgate, north of Brisbane.

Several witnesses testified that they overheard Jones and Roughan boasting about the killing.

Jones also told friends that Roughan used the severed head like a puppet and a bowling ball.

After killing Mr Shepherd the pair enlisted a friend to help dispose of the body, and they later drove back to Dayboro to bury the body more carefully.

Three people have already been sentenced for helping to dispose of the corpse.

Haneef lawyers want more powers in probe

Lawyers acting for Mohamed Haneef want an inquiry investigating the failed terrorism case against him to be given the powers of a royal commission.

Retired NSW Supreme Court judge John Clarke, who is heading the inquiry, has said much of the evidence presented to him cannot be made public.

Dr Haneef was arrested in Brisbane last year over suspected links to botched terror attacks in Britain and detained for 12 days.

Despite the case against him collapsing amid accusations of bungling by the authorities, the previous Howard government cancelled the doctor's visa.

Dr Haneef's lawyer Rod Hodgson said the Rudd government had promised a full judicial inquiry.

"Whatever this inquiry is, it is not judicial and it is not open," he said.

"It is a very convenient result for the Australian agencies, especially the AFP (Australian Federal Police) and DIAC, (Department of Immigration and Citizenship) in that they cannot be made accountable to the Australian public because of an alleged fear of offending a foreign government.

"If (Attorney-General) Mr (Robert) McClelland sits by and allows what was to be a full judicial inquiry become a disempowered and fully secret inquiry, his credibility as an attorney-general who can stand up for the rule of law will be severely damaged."

The AFP had a track record of failing to meet their legal obligations, Mr Hodgson said.

It had failed to provide Dr Haneef with a lawyer when requested and only handed over police interview transcripts last week, he said.

Updated 10:41am (AEST)

Haneef secrecy puts inquiry into 'impossible position'

Lawyers for Dr Mohamed Haneef says the inquiry into their client's arrest has no credibility if key details are kept secret.

Dr Haneef's lawyer Rod Hodgson says there is no way to test the accuracy of the secret evidence.

"Mr Clarke's statement makes it clear that he's in an almost impossible position," he said.

"He's unable to resist pressure from agencies that have vested interests in avoiding public scrutiny.

He said these difficulties could be avoided if the Attorney-General were to vest the Clarke inquiry with Royal Commission powers.

"This affair concerns human rights and it concerns our national security," he said.

"The horse flu inquiry was given Royal Commission powers - our national security and our human rights cannot be any less important than the health of our horse industry."

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Former Qantas executive jailed

Price-fixing ... the jail term comes on top of a $61m for Qantas (Get Image)

A former senior Qantas executive has been sentenced to six months in a US jail for his role in price-fixing on international air cargo.

Bruce McCaffrey, 65, was once the most senior Qantas executive in North America.

A US judge in Washington DC has sentenced him to six months in jail and given him a $20,000 fine after he pleaded guilty to taking part in an international scheme to fix the price for air cargo shipments.

McCaffrey has today told the court he is very embarrassed and that he would like to apologise to the court and to his family.

Qantas has already paid a $61 million fine and eight other airlines have pleaded guilty too.

Mandatory detention changes

Minister for Immigration Chris Evans is today expected to announce several reforms including a new emphasis on only detaining those posing a risk to the community.

Under the changes asylum seekers denied a visa will be offered legal assistance and efforts will be made to shorten detention periods.

The announcement will include the temporary closure of the $400 million detention centre built on Christmas Island by the Howard government.

Dr Graham Thom from Amnesty International said this will bring Australia into line with other western democracies.

"We are certainly hoping that most of the people in detention will be released," he said.

"The vast majority are either asylum seekers or visa over-stayers.

"This is a very fundamental change because really for the last 15 years Australia has reserved the right to mandatorily detain somebody simply based on their lack of a visa and wanting to keep them in detention for as long as possible."

Dr Thom expects the new refugee policy will mirror those of other western democracies.

"Hopefully these changes will bring Australia in line with other western democracies and into line with our international obligations," he said.

Updated: 9:30am (AEST)

Govt to release most asylum seekers

The majority of asylum seekers will no longer be detained under major immigration reforms announced by Immigration Minister Chris Evans.

The Government will not completely scrap mandatory detention but Senator Evans says the Department of Immigration will have to justify why a person should be detained.

"A person who poses no danger to the community will be able to remain in the community while their visa status is resolved," Senator Evans said.

Mandatory detention will now apply to three groups that the Minister says pose a risk to the wider community, such as those who have repeatedly breached their visa conditions.

"Once in detention a detainee's case will be reviewed every three months to ensure that the further detention of the individual is justified," Senator Evans said.

Children will also no longer be detained.

Asylum seekers who arrive at Christmas Island will still also be detained for health and security checks and will also continue to be processed at Christmas Island.

However, they will now have access to legal assistance.

Refugee Advocate Marion Le says she hopes this means most detainees will eventually be able to be released into the community.

"My understanding would be that he's actually looking at releasing all people who are now detained except those who pose a verifiable, I hope, risk to the Australian public or to security," refugee advocate Marion Le said.

"A lot of people are there for what we would all think are pretty minor breaches of immigration law that are very complex and that most people can't get across.

"I welcome any move by this government to overcome the years of callous misdirection and abuse, absolute abuse of human beings by the Howard government during the years of the mandatory detention regime," she said.

Federal Liberal politician Judi Moylan also welcomes the changes, as one of a group of Liberal MPs who opposed their own party's immigration policies while in government.

"Clearly my view is well known on this and I don't believe we should be keeping people in detention centres any more than we absolutely have to. There may be occasions when its necessary but on the face of it I would welcome such a move.

At present, 385 people are held in immigration detention. Of those, 64 are seeking asylum or waiting for a result from an application for a protection visa.

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Govt to tackle violent crime increase

The Victorian Government says it will tackle the rising level of violent crime in the state.

Leaked police data shows crimes committed against people are increasing, especially robberies, abductions and assaults.

The figures also show the total crime level has fallen slightly, but a smaller proportion of cases are being solved.

The Opposition says it is clear the Government needs to put more resources into Victoria Police.

But Premier John Brumby says the Government is already tackling alcohol abuse and violent crime.

"We intend to keep up with our efforts in public education, in things like tougher liquor-licencing laws, the Safe Streets Taskforce, all of those things which are about cracking down on binge drinking, cracking down on alcohol abuse and cracking down on night-time violence," he said.

Overall drop

The total crime rate has fallen, as have the number of homicides and rapes.

The Opposition and the Police Association say the figures show the force is under-resourced.

But the Deputy Police commissioner, Kieren Walshe, says new initiatives have been introduced to tackle violent crime.

"There has been a deterioration in public order and we've seen an increase in assaults in and around licensed premises," he said.

"Hence, we released and started our Safe Streets Taskforce in October last year and more recently this year we started our Liquor Licensing Taskforce."

The Opposition Leader, Ted Baillieu, says the figures for violent crime show fewer crimes are being solved.

"Dropping clearance rates simply means that police are stretched to the limit," he said.

"They're under the pump, and they can't do what they want to do."

Deputy Commissioner Walshe said the crime statistics are provisional figures and have not been verified.

He says there will be an investigation to find the source of the leak.

"We in Victoria Police are extremely disappointed that that has been undertaken," he said.

"Our concerns is that it provides unnecessary concern in the community until such time as we're in a position to put out verified crime statistics."

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Aboriginal coalition gives Govt health petition

A coalition of human rights, health and Aboriginal groups has presented the Government with a set of targets it says are necessary to improve the life expectancy of Indigenous Australians.

The Federal Government has committed to closing the 17-year life expectancy gap within a generation.

The targets from the Close the Gap coalition include goals to improve the delivery of not only health services to Indigenous people, but also better housing and education.

Aboriginal and Torres Straight Islander commissioner Tom Calma says the Government needs to see the targets as an integrated plan, and cannot "cherry pick" from the recommendations.

"It'll only work if we have a strategy, we have targets, we understand what the benchmarks are going to be," he said.

"It's well time-framed and it's well resourced and these are the challenges for Government, and these are the challenges that we as the coalition of interested parties have put to Government today."

Mr Tom Calma says the targets provide a comprehensive plan to improve Indigenous health.

"The non-government sector has been able to work together, all the major health organisations have been able to work together to develop up targets for Government to consider," he said.

"And these targets are for all sectors of Government. It's so important because what it does is bring some discipline in, and it's the discipline of a human rights framework into addressing Indigenous health."

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Haneef case evidence 'to remain secret'

The retired judge who is investigating the case of Dr Mohamed Haneef says much of the evidence he has received will have to remain secret.

In a statement, John Clarke QC says a very high proportion of the evidence he has been provided carries a security classification which prevents it from being published.

He also says publishing some of the information that relates to British authorities would seriously damage Australia's relationship with the UK.

Dr Haneef was based on the Gold Coast when he was charged with supporting a terrorist organisation in the UK, but the case against him collapsed.

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Qld nurse jailed for raping patient

A male nurse who raped a female patient after treating her for a migraine has been jailed for five years.

The Supreme Court in Brisbane was on Monday told the 27-year-old woman was lying in a cubicle at the Beenleigh Medeco Medical Centre in Brisbane when the offence took place in September last year.

Prosecutor Jodie Wooldridge said the woman was at the centre seeking morphine for a severe migraine.

As she was a first-time patient the doctor refused to prescribe morphine, but instructed registered nurse Nicholas Allan Carroll, 45, of Hillcrest, south of Brisbane, to administer different painkillers.

The court was told Carroll did so, but later ignored the doctor's instructions by returning with a second injection, this time containing morphine.

Ms Wooldridge told the court Carroll injected the woman with the drug, and then immediately orally raped her.

The court was told there was no evidence that Carroll had given the woman the drug to stupefy her.

The woman went to the police that evening and filed a report, and provided them with a sample of Carroll's DNA.

The court was told she went back to the medical centre the following day to confront Carroll.

He admitted he knew what he had done was wrong, but that he told her he had done it because "you're pretty and I'm weak".

He on Monday pleaded guilty to one count each of rape and supplying a dangerous drug.

Defence barrister Wayne Tolton said his client had been suffering from bipolar disorder, which clouded his judgment.

"It made him think he could do anything," Mr Tolton said.

He told the court Carroll's life had been destroyed following the offence, as he had lost his wife of 21 years and was unable to continue practising nursing.

However Justice John Byrne told the court the rape had a "shattering effect" on the victim, who needed ongoing counselling for depression and anxiety.

Carroll was sentenced to five years' jail.

He will be eligible for parole in March 2010.

Up-skirt teacher walks free

A Sydney teacher who used a hidden camera to film up the skirts of schoolgirls in a shopping centre has been given a good-behaviour bond.

Robert Ian Drummond, 42, was convicted of possessing and producing child pornography after a 14-year-old noticed him filming up her skirt at Warringah Mall on Sydney's northern beaches in 2007.

Drummond was identified by security footage and later arrested at Cromer High School.

Police found indecent video footage of a number of teenagers during a search of his home.

The video of the 14-year-old clearly showed her crotch and underwear.

The teacher denied the charges, with his lawyers arguing the video did not depict the girl in a sexual context, but he was found guilty last month.

Magistrate Julie Huber today handed Drummond a four-month suspended jail sentence and a 12-month good-behaviour bond.

The court heard he was ashamed of his behaviour, which was out of character.

Drummond was suspended from teaching duties in 2007.

Greenpeace arrested over port protest

Environmental group Greenpeace says nine of its activists have been arrested after painting slogans on about 20 ships queuing at a central Queensland port, in protest against Australia's coal exports.

Campaigner Simon Roz said activists in inflatable boats had painted messages including "Rudd Exporting CO2", "Barrier Reef Gone", "Ice Caps Gone" and "Stop Coal Expansion" on ships queuing at Hay Point, near Mackay.

The protest began about 6am (AEST) Monday and continued until a police boat arrived at the scene around 9.30am.

He said three of the boats had been intercepted and nine activists arrested.

Mr Roz said the action was intended to draw attention to the environmental concerns linked to Australia's growing coal export industry

"The action was all about trying to highlight the contradiction between prime minister (Kevin) Rudd and premier (Anna) Bligh's stated intention to urgently reduce greenhouse pollution while presiding over a doubling of Australia's coal exports," he said.

"Greenhouse pollution doesn't know any borders so coal burnt anywhere will be destroying pristine environments all around the globe including the Great Barrier Reef and the Murray Darling."

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Truck drivers two-week national stoppage

There are calls for state and federal govts to abandon new transport changes to get trucks back on the road.

The organiser of a national truck driver shutdown says he expects Australia's transport industry to be crippled in a matter of days.

The two-week stoppage began at midnight AEST last night over state and federal government transport changes, which include increased registration fees, new fatigue laws and changes to the fuel excise.

Organiser Mick Pattell, of the National Road Transport Forum, says he hopes the public will back drivers' concerns.

He says state and federal governments must abandon new transport changes to get trucks back on the road.

"Hopefully the government will come to the table fairly quickly and not allow this to happen to the public," he said.

"We've really got to do this to highlight the plight of this industry.

"One of the things that has come to our attention is that the sale of through the big multinational stores has exceeded Christmas time levels, so people are stocking up and getting ready for it."

Mr Pattell says he is proud of the industry for standing up for something they believe in.

He says the only concessions during the shutdown will be the delivery of food for animals in feedlots.

"Where you've got cattle in a captured environment that need to be fed, those people cannot stay out for very long and we don't expect them to," he said.

"We certainly don't want to create any hardship for any animals and it's the same for any essential services that've got to be provided but the general freight and the cattle freight, fuel tank freight is certainly going to be shut down for a good period of time."

Agforce support

Farm lobby group Agforce says the public must get behind the shutdown, even if it causes short-term pain.

Agforce spokesman Greg Brown says it is disappointed with the attitude of the state and federal governments, as well as the trucking organisations that are not supporting the shutdown.

"I mean if they're not supportive I can understand that but they're out there white-anting these people and I think that's pretty disappointing," he said.

"I think all they have to do is sit on their hands and I think there's an enormous amount of support for this out in the bush because people are aware that in time to come we're just not going to be able to wear it."

Mr Brown says he hopes the public supports the shutdown.

"Unless they're aware, we're never going to make a mark on either the state or federal governments, so I think we need their help and the truckies are just trying to attract their attention," he said.

"There doesn't appear to be any other way."

'Unreasonable action'

But Queensland Deputy Premier Paul Lucas says the shutdown will not achieve the outcome the industry is looking for.

Mr Lucas says the industry is taking unreasonable action.

He says changes to fatigue management laws are needed, not only in Queensland but across the country.

"About a third of the fatalities last year on Queensland roads involved heavy vehicles," he said.

"The Queensland community wants us to be fair when it comes to cracking down on fatigued driving and the like in our trucks.

"The Federal Government have now indicated that they're going to inquire into the nature of contracts for heavy vehicles that drivers enter into - that's good news."

Meanwhile, a roadhouse in western Queensland will lock its bowsers from today in support of the truck stoppage.

The operators of the Kynuna Roadhouse, north-west of Winton, say the petrol and gas bowsers will remain locked until the shutdown is over.

It means there will be no petrol on the Landsborough Highway between McKinlay and Winton.

Updated 5:00pm (AEST)

Truckies sacked for stopping work


Stopwork truckies sacked (Get Image)

A spokesman for South Australian truck owners and drivers, Robert Harrowfield, says the drivers all worked for the same company.

They were warned they would be out of a job if they joined the national stoppage.

About 70 truck drivers met in Adelaide to discuss concerns including fatigue and higher fuel prices.

A further meeting has been scheduled for Wednesday.

One driver's partner, Glenda, hopes the public will sympathise with drivers and their families.

"My partner works very, very hard - he's constantly tired and when he gets home he just wants to fall into bed," she said.

"Weekends are spent trying to catch up on that sleep - basically you don't have a life.

"He's trying to do his best and it's not easy when nobody wants to give him a break."

AFP denied lawyer to Haneef: report

Mohamed Haneef's lawyers say the Australian Federal Police (AFP) repeatedly denied their client's request for a lawyer to be present during his first interview.

Dr Haneef was charged with supporting a terrorist organisation last year, but the charge was later dropped.

Lawyer Rod Hodgson says the AFP has been forced to disclose seven previously-withheld transcripts of interviews with Dr Haneef that will be used in the Clarke inquiry into the handling of the case.

Mr Hodgson says the transcripts show Dr Haneef was easily able to explain his actions to police and so should not have been charged.

"The other matter of great significance is that Haneef was asked three times in that first interview whether he wanted a lawyer present and on each occasion he said yes, but on each occassion the AFP didn't do anything about it," he said.

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Faheem Lodhi - another non-terrorist jailed under Australia's 'anti-terror' laws? Jack Thomas, a non-terrorist, has been jailed under Australia's anti-terror laws. Now Faheem Lodhi has been convicted under the terror laws on flimsy, circumstantial evidence. It is likely he is another non-terrorist jailed for political purposes under the terror laws.