Court of Criminal Appeal: Legal Diary March 4th ? 8th 2013 ...

For Monday 4th March 2013 in Court 22 Criminal Courts of Justice, Messrs Justice?O?Donnell, Moriarty and Ms Justice Dunne sit at 11 o?clock to hear?92/09 DPP v Keith Cunningham.?The Appellant is appealing his conviction, alongside a motion before the court. As noted before last week?s callover:

Keith Cunninghan, a 20-year-old Drogheda man, was given a mandatory life sentence by Mr Justice Paul Carney after being convicted by a 10 to two majority of the murder of Des Kimmins in December 2007. Mr Cunningham admitted manslaughter but denied murder.

At trial the court was told that the deceased?was stabbed during an argument which arose when?he arrived in the early morning at a house where his daughter was being cared for by Mr Cunningham and his girlfriend at the home of the deceased?s ex-partner.?Mr Cunningham claimed he was acting in defence of his baby daughter who he believed was in the kitchen at the time.?Mr Kimmins died at the scene having suffered a blood clot around his heart as a result of the stab wound to his chest.

The CCA will also hear an Enlargement of Time Application in?44CJA/13 DPP -v- Andrew Brady.?Per Order 86, Rule 8 of the Rules of the Superior Courts:

IV. Enlargement of time for appealing.

8. (1) Except in cases where steps are required by statute to be taken in the Central Criminal Court or in the Circuit Court, the Court shall have power to enlarge the time appointed for doing any act or taking any proceeding upon such terms (if any) as the justice of the case may require, and any such enlargement may be ordered although the application for the same is not made until after the expiration of the time appointed.

(2) An application to the Court for an enlargement of time within which notice of appeal or notice of application for leave to appeal may be served shall be in the Form No. 5.

(3) The form of application shall, in addition to specifying the grounds of such application, also specify the grounds on which the applicant proposes to base his appeal or application for leave to appeal.

For Thursday 7th March 2013 in the Hugh Kennedy Court?Mr. Justice Hardiman sits at 10.15 o?clock when?250CPA/12 DPP -v- Joseph O?Reilly is listed for mention. Mr O?Reilly, no stranger to the news media, was convicted of and given?a life sentence for the murder of his wife Rachel O?Reilly in the Naul in Dublin in 2004. The Appellant appealed his conviction, heard by the CCA in 2009, on the grounds that evidence used in his trial including phone records and emails should not have been admissible. The CCA, in a judgment by then Chief Justice John Murray, ruled the appeal was not well-founded.

Mr O?Reilly has now lodged an application under Section 2 of the Criminal Procedure Act 1993 to have his conviction declared a miscarriage of justice.?Section 2 provides that a person who remains convicted after appeal may apply to the court to have their conviction quashed based on alleged ?new or newly discovered facts? that show a miscarriage of justice occurred.?This is one of the last legal avenues that remain open.

At 10.30 o?clock Judge Hardiman will sit for the callover?of cases listed for hearing on Monday 11th March 2013:?211/10 DPP v Vera McGrath,?110/12 DPP -v- Brian Doolan and?162/12 DPP -v- Christopher Ayiotas.

Vera McGrath was?found guilty in 2010 of the murder of her husband?Brian McGrath at their home in Coole in Westmeath in 1987. A?jury of eight men and three women deliberated for more than nine hours before convicting by a majority of ten to one. Ms McGrath?s?former son-in-law, Colin Pinder, was convicted of the manslaughter of Mr McGrath.

The?murder conviction was the first for the cold case unit the Garda Serious Crime Review Team. The prosecution hinged on the evidence of the Appellant?s daughter, Veronica McGrath who?told Gardai her father had died following an attack involving a lump hammer, a slash hook, a spanner and a monkey wrench. The defence alleged Veronica??was more involved in the killing than she had admitted in court.

For Friday 8th March 2013 in the Hugh Kennedy Court Messrs Justice?MacMenamin,?Moriarty and?deValera, at a time to be confirmed will sit for Judgment in?28/09 DPP -v- David Timmons. As noted at the hearing of this sentence appeal:

David Timmons, aged 27 of Balbriggan, was found guilty by a jury of conspiring, along with others, to possess 8.83 kilograms of cocaine, which Gardai found hidden in a truck full of quilts at a furniture Store in Dublin.?Judge Patricia Ryan jailed Timmons for eight years.

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Source: http://cosaint.wordpress.com/2013/03/02/court-of-criminal-appeal-legal-diary-march-4th-8th-2013/

DEWA becomes first government organization in region to win ...

DEWA was presented this prestigious award, as the first organisation in the Middle East and Africa to be presented this award, in recognition of its implementing the best risk management mechanisms and adopting the best global practices in accordance with the ISO 31000 risk management standard.

DEWA won the award after a strong competition from 350 organizations short-listed following a rigourous evaluation process. DEWA competed against nominations from around the world including America, Asia, and Europe.

HE Saeed Mohammed Al Tayer, MD and CEO of DEWA, received the award for DEWA, at the Global Risk Awards ceremony held at the Grand Connaught Rooms in London, UK, on 28 February, 2013, which was attended by leaders from over 350 organisations that specialise in Risk Management.

HE Abulrahman Al Mutaiwee, UAE ambassador to the UK, and a delegation from DEWA including Waleed Salman, Executive Vice President of Strategy and Business Development, Ali Al Muwaijei, Senior Specialist for Corporate Risk Management, Nasser Abbas, Senior Director-Treasury, and Kenneth McKeown, from Enterprise Risk Management, attended the ceremony.

"The international success of DEWA at the Global Risk Awards, judged by eminent experts from around the world, is a testament to the success of our vision to become a sustainable world-class utility, and in line with the directives of His Highness Sheikh Mohammed bin Rashid Al Maktoum, Vice President and Prime Minister of the UAE and Ruler of Dubai, to further improve the competiveness of government organisations and promote Dubai as a global hub for trade, finance and tourism," said Al Tayer.

"By winning one of the most prestigious risk management awards, we have proven to be a leading organization in applying and implementing the latest international standards in the field of risk management. We are committed to enhancing our organizational performance, DEWA is currently applying the best international standards in the field of risk management," added Al Tayer.

"DEWA has achieved results that rival and even beat benchmarks for the private sector, surpassing 10 of the best European and American companies in efficiency, availability and reliability. Network line loses were recorded at 3.5% in electricity, and 10.8% in water, which is considered an international achievement, as well as using the best possible power production and desalination equipment. DEWA's successes have contributed significantly to the UAE's occupying the 7th place globally for ease of access to electricity in the World Bank's Doing Business 2013 report," he aconcluded.

"DEWA effectively contributes to the social, economic and environmental development of Dubai by providing uninterrupted and stable electricity and water services, to achieve the vision of Dubai. We analyze risks in order to ensure safety for our employees and our business. Risk management is closely integrated with strategic planning, aimed at minimizing risks to ensure the continual success of our strategy and long-term operational plans. By mitigating risks, we prevent them from becoming key obstacles to the achievement of our corporate objectives on the short and long term," added Al Tayer.

"DEWA's accolade recognizes the its commitment to ensuring that its risk management function has the skills and knowledge needed to play a vital role in enhancing business performance, both now and in the future by investing in the development of their people. It is also clear evidence that DEWA's risk management activities have added value to their organization, leading to demonstrable improvements in business performance and results," concluded, Al Tayer.

"Winning this award is based on our top management's strong belief in the importance of risk management as well as their visionary plan to build up a sound governance system to manage risks and disseminate the concept of risk management effectively at DEWA. It comes also as result of a comprehensive plan to train the coordinators of jobs relevant to risk management. The collaboration of all DEWA divisions to implement this methodology in an integrated way can determine and identify risks affecting operational, financial, strategic, environmental, health and safety aspects. This sets precautionary and preventive plans to deal with such risks. All these are a clear testimony of DEWA's relentless pursuit to adopt best global practices to maintain our continuous commitment to excellence," said Salman.

Source: http://www.ameinfo.com/dewa-government-organization-region--win-331682

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On video: SAfrican police drag man, who later dies

JOHANNESBURG (AP) ? They bound his hands to the rear of a van, and then sped off, dragging the slender taxi driver along the pavement as a crowd of onlookers shouted in dismay. The man was later found dead.

A gut-wrenching video of the scene is all the more disturbing because the men who abused the Mozambican immigrant were uniformed South African police officers and the van was a marked police vehicle.

The graphic scenes of the victim struggling for his life shocked a nation long accustomed to reports of police violence.

"The visuals of the incident are horrific, disturbing and unacceptable. No human being should be treated in that manner," said South African President Jacob Zuma.

The Daily Sun, a South African newspaper, posted video the footage Thursday and it was quickly picked up by other South African news outlets and carried on the Internet. It sparked immediate outrage about police behavior.

"They are there for safety, but we as a people fear them more," said Johannesburg resident Alfonso Adams. "You don't know who to trust anymore."

Some of those in the crowd who watched the scene unfold in the Daveyton township east of Johannesburg shouted at the police and warned that it was being videotaped. The police did not seem at all concerned by all the witnesses and the presence of cameras as they tied Mido Macia, a 27-year-old from neighboring Mozambique, to the back of a police vehicle, his hands behind his head. At least three policemen participated in the incident. Macia was found dead in a Daveyton police cell late Tuesday.

"We are going to film this," several onlookers shouted in Zulu as the police tormented Macia. One bystander can be heard on the videotape shouting in Zulu: "What has this guy done?"

The video can be seen at: http://bit.ly/ZDOj0A

A murder probe is underway on the evidence that Macia suffered head and upper abdomen injuries, including internal bleeding, the Independent Police Investigative Directorate, the police watchdog agency, said Thursday. The injuries could be from the dragging and he could also have been beaten later in police custody.

"The allegations are that he was dragged behind a vehicle and his head was bent on the police vehicle. There are also allegations of assault," said the investigative unit's spokesman Moses Dlamini.

The video evidence of the abuse renewed concerns about brutality, corruption and other misconduct by a national police force whose reputation has suffered in recent years amid reports that many officers lack training. Some have been charged with committing the crimes they are supposed to prevent, including rape and murder.

"As horrific as it is, it is not exceptional. Hardly a week goes by without such stories of brutality," said Jacob van Garderen, national director of Lawyers for Human Rights.

At first, Macia, dressed in jeans and a red T-shirt, is dragged along the road by the vehicle at slow speed, the footage shows. He awkwardly tries to keep step even though he is almost horizontal above the ground. Then the van stops, two policemen pick up the legs of the taxi driver and drop them to the ground as the van picks up speed and drives off, beyond the view of the camera.

The police watchdog agency said the incident started just before 7 p.m. on Tuesday when the cab driver was allegedly obstructing traffic with his vehicle. Then Macia allegedly assaulted a constable and took his weapon before he was overpowered, the police investigative unit said.

Macia was found dead in a cell over two hours later by another policeman, according to the watchdog agency.

National Police Commissioner Riah Phiyega "strongly condemned" what happened. South Africans are "urged to remain vigilant and continue to report all acts of crime irrespective of who is involved," said Phiyega in a statement.

Phiyega has tried to upgrade the reputation of the South African police since her appointment last year. Last month, Phiyega told a group of police officials the standing of the force "has been severely but not irreparably tarnished over the past several years."

The problems, though, are immense for a police force that has expanded from some 120,000 to almost 200,000 over the last decade, "often failing to match the increase in quantity with sufficient quality," said Johan Burger, who served for 36 years on the force before becoming a senior researcher at the Institute for Security Studies.

Several experts contacted by The Associated Press also said that in recent years there has been an increasing willingness to use a shoot-to-kill approach to the crime and violence.

An average of 860 people a year died in police custody or as a result of police action between 2009 and 2010, up from 695 a year from 2003 to 2008, according to Burger of the security studies institute.

Further staining the reputation of the police is the Marikana shootings when, on Aug. 16, 2012, a line of South African police opened fire on a crowd of striking miners, killing 34 at a platinum mine northwest of Johannesburg. A judicial commission is investigating allegations that many were killed in a rocky hill, near the much-filmed initial scene of the attack, shot in the back as they tried to escape.

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Associated Press Writer Michelle Faul contributed to this story.

Source: http://news.yahoo.com/video-safrican-police-drag-man-later-dies-091759847.html

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Dartmouth neuroscientist finds free will has neural basis

Public release date: 1-Mar-2013
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Contact: John Cramer
john.d.cramer@dartmouth.edu
603-646-9130
Dartmouth College

A new theory of brain function by Peter Ulric Tse, a professor of cognitive neuroscience at Dartmouth College, suggests that free will is real and has a biophysical basis in the microscopic workings of our brain cells.

Tse's findings, which contradict recent claims by neuroscientists and philosophers that free will is an illusion, have theological, ethical, scientific and legal implications for human behavior, such as whether people are accountable for their decisions and actions.

His book shows how free will works in the brain by examining its information-processing architecture at the level of neural connections. He offers a testable hypothesis of how the mental causes the physical. In contrast with philosophers who use logic rather than data to argue whether mental causation or consciousness can exist, he explores these issues by starting with neuroscientific data.

Recent neurophysiological breakthroughs reveal that neurons evaluate information they receive, which can change the way that other neurons will evaluate information and "fire" in the future. Tse's research shows that such informational causation cannot change the physical basis of current information, but it can change the neuronal basis of future mental events. This gets around the standard argument against free will that is based on the impossibility of self-causation.

Tse lays out his argument in his new book titled "The Neural Basis of Free Will" -- https://mitpress.mit.edu/books/neural-basis-free-will

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He is available to comment at Peter.U.Tse@dartmouth.edu.

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AAAS and EurekAlert! are not responsible for the accuracy of news releases posted to EurekAlert! by contributing institutions or for the use of any information through the EurekAlert! system.

Public release date: 1-Mar-2013
[ | E-mail | Share ]

Contact: John Cramer
john.d.cramer@dartmouth.edu
603-646-9130
Dartmouth College

A new theory of brain function by Peter Ulric Tse, a professor of cognitive neuroscience at Dartmouth College, suggests that free will is real and has a biophysical basis in the microscopic workings of our brain cells.

Tse's findings, which contradict recent claims by neuroscientists and philosophers that free will is an illusion, have theological, ethical, scientific and legal implications for human behavior, such as whether people are accountable for their decisions and actions.

His book shows how free will works in the brain by examining its information-processing architecture at the level of neural connections. He offers a testable hypothesis of how the mental causes the physical. In contrast with philosophers who use logic rather than data to argue whether mental causation or consciousness can exist, he explores these issues by starting with neuroscientific data.

Recent neurophysiological breakthroughs reveal that neurons evaluate information they receive, which can change the way that other neurons will evaluate information and "fire" in the future. Tse's research shows that such informational causation cannot change the physical basis of current information, but it can change the neuronal basis of future mental events. This gets around the standard argument against free will that is based on the impossibility of self-causation.

Tse lays out his argument in his new book titled "The Neural Basis of Free Will" -- https://mitpress.mit.edu/books/neural-basis-free-will

###

He is available to comment at Peter.U.Tse@dartmouth.edu.

---

[ | E-mail | Share ]

?

AAAS and EurekAlert! are not responsible for the accuracy of news releases posted to EurekAlert! by contributing institutions or for the use of any information through the EurekAlert! system.

Source: http://www.eurekalert.org/pub_releases/2013-03/dc-dnf030113.php

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