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Friday, March 27, 2015

The Supreme Court of the United Kingdom have concluded yesterday that the government must release a series of 27 letters sent by Prince Charles to government ministers and that attempts to prevent their publication under the Freedom of Information Act 2000 have been unlawful.

The letters were sent to ministers of the previous Labour government in the years of 2004 and 2005 and contain advocacy that has been described as “particularly frank”. The Guardian newspaper have been attempting to have these letters released using freedom of information legislation for ten years.

In 2012, the Attorney General Dominic Grieve blocked the publication of the letters despite a ruling from the information tribunal that the release of the letters is in the public interest. Grieve’s statement at the time argued Prince Charles’ correspondence was “of very considerable practical benefit” to his “preparations for kingship” as “such correspondence and dialogue will assist him in fulfilling his duties”. Grieve went on to argue correspondence of this nature “must be under conditions of confidentiality” otherwise both the Prince and government ministers “will feel seriously inhibited from exchanging views candidly and frankly”. The statement from Grieve asserts “The Prince of Wales is party-political neutral” and “it is highly important that he is not considered by the public to favour one political party or another”, but that if the letters were released there would be the risk he would be “viewed by others as disagreeing with government policy” and “such perception would be seriously damaging to his role as future Monarch, because if he forfeits his position of political neutrality as heir to the Throne, he cannot easily recover it when he is King.”

Lord Neuberger, in giving the majority decision of the court, stated the Attorney General could not veto the release “merely because he, a member of the executive, considering the same facts and arguments, takes a different view from that taken by the tribunal or court”. Neuberger said the legislation’s veto power did not go so far as to “enable a member of the executive to over-ride a judicial decision” and that the Attorney General “proceeded on the basis of findings which differed radically from those made by the upper tribunal without real or adequate explanation.”

Appeal judges had subsequently ruled this veto on the part of the Attorney General to be unlawful, and the further appeal by the government to the Supreme Court has been unsuccessful. The government is required to release the documents within 30 days, although it is possible some of the contents may be redacted.

A spokeswoman for the Prince of Wales stated the ruling is “a matter for the Government” but that the Prince is “disappointed the principle of privacy has not been upheld.”

Prime Minister David Cameron said the decision was “disappointing”: “This is about the principle that senior members of the Royal Family are able to express their views to government confidentially. I think most people would agree this is fair enough.”

A spokeswoman for Cameron elaborated: “The prime minister has been very clear this morning it is a deeply disappointing judgment. He doesn’t agree with it. He thinks what’s at stake here is an important principle about the ability of senior members of the royal family to express their views to government confidentially. He thinks that’s a principle that we should uphold. So while we have taken steps in this parliament to strengthen the ability to do that through the FOI act, if there needs to be more done to make that clear, then the prime minister is clear those steps should happen in the next parliament.”

The legislation was already amended in 2010 to make it so that correspondence and other matters related to the Royal family are exempt from further freedom of information requests. Graham Smith, from Republic, which campaigns for an elected head of state, argues there needs to be greater transparency over the Royal Family’s affairs: “The court has defended democratic principles over the interests of the royal family and that needs to be enshrined in law. David Cameron’s response is worrying because he says he wants to tighten up the veto.”

The Labour MP Paul Flynn raised the possibility the ruling might have consequences for Charles’ suitability to be King: “If there are serious questions about the suitability of Prince Charles as a monarch there could be a question in the public mind about whether to skip a generation. The attorney general already said the main justification for keeping the letters secret was they would hinder Charles’s ability to be a successful monarch.”

Wednesday, February 18, 2009

The largest class action in Victorian history was commenced at the Supreme Court of Victoria on Friday the 13th by Slidders Lawyers against electricity distribution company SP AusNet and the Brumby Government in relation to the Kilmore East fire that became part of the Kinglake complex.

Because of the lawsuit, SP AusNet SPN.AX’s shares on Monday have dropped more than 13.36 per cent or 14.5 cents, to an intra-day low of 94 cents, was at 98.5 cents at 10:38 a.m. local time, before recovering slightly to be 7.5 cents lower at A$1.01 by 1144 AEDT (0003 GMT) or 6.9 percent in Sydney trading. Shares in SP AusNet closed 3.7 percent lower at A$1.045 on Monday.

Power supplier SP AusNet said it has asked the Victoria Court regarding the status of the class action proceedings saying the firm had insurance policies in place consistent with industry standards. “SP AusNet will continue to update the market as further information becomes available,” the company said.

The claim has focused on alleged negligence by SP AusNet in its management of electricity infrastructure. It maintains most of the power lines in eastern Victoria. Its fallen power line is believed to have sparked the blaze that tore through Kinglake, Steels Creek, Strathewen, Humevale, and St Andrews. The plaintiffs include thousands of angry Kinglake farmers, small business owners, tourist operators and residents who lost homes.

Leo Keane, the lead plaintiff in the class action has alleged “SP AusNet owed a duty of care to landowners to operate and manage power lines in a way that limited the risk of damage from bushfires.”

On Thursday Phoenix Taskforce had taken away a section of power line as well as a power pole from near Kilmore East, part of a two-kilometre section of line in Kilmore East that fell during strong winds and record heat about 11am last Saturday. It was believed to have started the fire there, since within minutes a nearby pine forest was ablaze, and within six hours the bushfire had almost obliterated nearly every building in the towns in its path.

“It is believed that the claim will be made on the basis of negligent management of power lines and infrastructure,” Slidders Lawyers partner Daniel Oldham said. The law firm has announced it was helping landowners and leaseholders get compensation for the 2003, 2006, 2007 and 2009 bushfires. “If you have been burnt by the recent bushfires, please register your interest using the form below as soon as possible,” the law firm’s website stated.

The Insurance Council of Australia has placed the cost of the bushfires at about $500 million. “That means keeping electricity lines clear of trees and in a condition that won’t cause fires. They must also have systems in place to identify and prevent risks occurring,” Melbourne barrister Tim Tobin, QC, said. According to the 2006 census, Kinglake had a population of almost 1,500 people.

But SP AusNet’s legal liability has been limited at $100 million under an agreement inked by the former Kennett government with private utility operators, when the former State Electricity Commission was privatized in 1995. Accordingly, the Brumby Government could be legally obliged to pay damages of the differences amounting to hundreds of millions of dollars.

SP AusNet Ltd said some of its electricity assets have been damaged by the Victoria bushfire. “As a preliminary estimate, it is thought that damage has been sustained to approximately one per cent of SP AusNet’s electricity distribution network, mainly distribution poles, associated conductors and pole top transformers,” SP AusNet said in a statement to the Australian Securities Exchange (ASX). It explained that up to 6,000 homes and businesses on its network were without power due to bushfires, including the Kinglake complex fire, Beechworth fire, and fires across Gippsland including Churchill and Bunyip.

SP AusNet said the firm will cooperate fully and will assist in any fire probe. “We stand ready to assist the relevant authorities with their inquiries if it is necessary for us to do so now and in the coming months,” SP Ausnet spokeswoman Louisa Graham said in a statement.

“Our priority is to restore power to fire-affected areas as quickly as possible. We believe the claim is premature and inappropriate … SP AusNet will vigorously defend the claim. If the claim is pursued, SP AusNet advises that it has liability insurance which provides cover for bushfire liability. The company’s bushfire mitigation and vegetation management programmes comply with state regulations and were audited annually by state agencies,” Grahams explained.

Victorian Auditor-General Rob Hulls said “there was an ‘unseemly rush’ by some lawyers to sue before the cause of the fires had been fully investigated.”

“The government body had audited the network’s bushfire risk to make sure required distances between power lines and vegetation were maintained. Power companies had been given a clean bill of health, and electricity firms were judged to be ‘well prepared for the 2008-09 bushfire season.’ There were no regulations applying to the distances between poles supporting electricity lines and spans of one kilometre were not unusual,” a spokesman for Energy Safe Victoria explained.

Christine Nixon, the 19th and current Chief Commissioner of Victoria Police said investigations into the cause of the bushfires were ongoing. “I know people are angry, and so are all of us in this community. But we need to kind of have a sense that the proper processes are in place and we need to go through the investigation and through the court case,” Nixon said. “At this stage we are not able to confirm how it started. I understand there is some legal action that people are taking, but at this stage we’re still investigating its cause. But the whole circumstances of that fire are part of our Taskforce Phoenix, and as we move through that we’ll be able to tell the community more once we’re able to confirm or deny what we think is the cause of these fires,” Nixon added.

On Thursday, two people were arrested in connection with the fires, having been observed by members of the public acting suspiciously in areas between Yea and Seymour; although they were both released without charges laid.

Brendan Sokaluk, age 39, from Churchill in the Gippsland region, was arrested by police at 4pm on Thursday, in relation to the Churchill fires, and was questioned at the Morwell police station. He was charged on Friday with one count each of arson, intentionally lighting a bushfire and possession of child pornography. The arson case relates to 11 of the 21 deaths in the dire Gippsland fire, which devastated 39,000 hectares in the Latrobe Valley, Calignee, Hazelwood Koornalla and Jeeralang. Two teams of Churchill firefighters were almost lost in the inferno that remains out of control.

Mr Sokaluk joined the CFA Churchill brigade in the late 1980s as a volunteer fire fighter, left in the 1990s and attempted to rejoin twice, but was rejected. He failed to appear in Melbourne Magistrate’s Court Monday for a scheduled hearing, since the court reset the committal hearing on May 25. He is represented by lawyer Julian McMahon.

Magistrate John Klestadt has lifted the suppression order which kept the suspect’s identity a secret but identifying photographs were barred from being released. Mr Sokaluk was remanded in protective custody from Morwell to a cell in Melbourne for his own safety amid fears angry prisoners will target him and real risk of vigilante attacks. He faces a maximum sentence of 25 years imprisonment if convicted on the arson charge.

“This is an extraordinary case. The level of emotion and anger and disgust that the alleged offenses have aroused in the community is unprecedented.” Mr Sokaluk’s defense lawyer Helen Spowart argued. The prosecution has moved the Court for more time to prepare its case, saying there would be up to 200 witnesses to interview.

Slater & Gordon has indicated that they were awaiting the report of the to-be-established Royal Commission, expected in late 2010, before initiating any claims.

Armed with a $40 million budget, the Royal Commission’s Chair Justice Bernard Teague will be assisted by former Commonwealth ombudsman Ron McLeod, who led the inquiry into the 2003 Canberra bushfires, and State Services Authority Commissioner Susan Pascoe. The Commission has said its interim report is due on August 17 while the final report will be submitted by July 31, 2010.

Judge Bernard Teague has announced Tuesday he will meet with fire victims and fire authorities within the next two weeks. “We want to do that as soon as possible – probably not next week but starting to have these discussions the week after,” he said.

Julia Eileen Gillard, the Deputy Prime Minister of Australia and deputy leader of the federal Australian Labor Party (ALP) said the federal and Victorian governments would respond quickly to the royal commission’s report. “Everybody who has lived through this experience in Victoria and around the nation has asked the question: ‘Why? What can we do better?’. No one wanted to see the report “as a book on a shelf gathering dust,” she said.

Victoria bushfire experts, led by Forest Fire Victoria – a group of scientists and forestry experts – have condemned the government’s “Living with Fire” policy and the state’s failure to initiate serious fuel-reduction programs. The Victoria government had failed to seriously act on bushfire safety recommendations submitted last June by the Victorian Parliamentary Environment and Natural Resources Committee.

As death toll rises, evidence mounts of lack of planning prior to Australia’s worst bushfire. “Living with Fire” policy means Kinglake fire trucks were dispatched to an earlier fire in Kilmore, leaving Kinglake undefended. “Kinglake was left with no fire brigade and no police. The trucks had been sent to Kilmore. I’ve been in the fire brigade for 10 years. There was always a law—the trucks had to be on the hill. Because of the government we got gutted at Kinglake. They should have been getting generators ahead of the fire—so people would have had a chance of fighting it. As soon as the power went, I couldn’t keep fighting the fire at my place,” Rick and Lauren Watts, and their friend Neil Rao, spoke to the WSWS.

Rick has also criticized the lack of early warning communications systems, since emergency siren warnings in the town had been stopped some years earlier. Humevale resident Sina Imbriano who has six children was angry about the failure of state and federal governments to set up a recommended telephone warning system amid its “stay and defend or go” policy. Bald Spur Road residents Greg Jackson and his wife Fotini said the government’s “stay and defend or go” policy was “fruitless” since the critical issue was early warnings, but “they [the government] just won’t spend the money.”

Also on Friday, five law firms from Victoria’s Western Districts, including Warrnambool-based Maddens Lawyers and Brown & Proudfoot, held a meeting to discuss a potential class action in relation to the Horsham fire, which was also thought to have been started by fallen power pole that burnt vast swathes of land in Mudgegonga and Dederang, Victoria. The lawsuit will also focus on the fire that blackened about 1750 hectares at Coleraine.

Maddens senior attorney Brendan Pendergast said: “We don’t know who the defendant is at this stage. We are unsure who the electrical supplier is for that area but we should know in a few days. There were people who had their homes burnt to the ground and they will need to reconstruct, replace their contents,” he said. Maddens has initiated a register of affected landowners for the recent bushfires, saying the firm has included victims of the Pomborneit fire that burnt almost 1300 hectares in the proposed class action amid the CFA’s statement the blaze could have been deliberately lit.

Frances Esther “Fran” Bailey, Liberal member of the Australian House of Representatives (1990-93 and 1996-present), representing the electorate of McEwen in Victoria said the Country Fire Authority (CFA) had told her one of the power lines had broken before the fire.

“The local CFA [Country Fire Authority] told me on that Saturday, with those very high winds, one of the lines had broken and was whipping against the ground and sparked,” she said. “Whether or not that is the cause of that terrible fire that actually took out Kinglake and maybe Marysville, the investigations will prove that, but we’ve got to do better,” she added.

Victorian Premier John Brumby said the power line claim would be examined as part of the Royal Commission into the bushfire. “No stone will be left unturned. So, I think it’s important the Royal Commission does its work. And, the Royal Commission will, of course, look at all of the factors with the fires,” Mr Brumby said. At least 550 houses were incinerated and 100 people have been killed, leaving more than 1,000 homeless in the Kinglake bushfire and surrounding areas.

SP AusNet – Singapore Power International Pte Ltd is a wholly-owned subsidiary of Singapore Power Limited (51% interest in SP AusNet). SP AusNet’s electricity transmission and distribution networks, along with the gas distribution assets, enable it to deliver a full range of energy-related products and services to industrial and domestic customers in Victoria, Australia.

Singapore Power ( ?????????) is a company which provides electricity and gas transmission, distribution services, and market support services to more than a million customers in Singapore. As the only electricity company in Singapore, and also one of its largest corporation, SP was incorporated as a commercial entity in October 1995 to take over the electricity and gas businesses of the state provider, the Public Utilities Board. Since 1995, Temasek Holdings controls the entire company with a 100% stake. SP is involved in a major investment in Australia‘s Alinta in partnership with Babcock & Brown, after putting up a bid of A$13.9 billion (S$17 billion), beating out a rival bid by Macquarie Bank.

The devastating 2009 Victorian Black Saturday bushfires, a series of more than 400 bushfires across Victoria on February 7 2009, is Australia’s worst-ever bushfire disaster, claiming at least 200 deaths, including many young children, and is expected to pass 300. 100 victims have been admitted to hospitals across Victoria with burns, at least 20 in a critical condition, and 9 on life support or in intensive care. The fires have destroyed at least 1,834 homes and damaged many thousands more. Many towns north-east of Melbourne have been badly damaged or almost completely destroyed, including Kinglake, Marysville, Narbethong, Strathewen and Flowerdale. Over 500 people suffered fire-related injuries and more than 7,000 are homeless. It has scorched more than 1,500 square miles (3,900 square kilometers) of farms, forests and towns.

The Supreme Court of Victoria is the superior court for the State of Victoria, Australia. Founded in 1852, it is a superior court of common law and equity, with unlimited jurisdiction within the state. Those courts lying below it include the County Court of Victoria, the Magistrates’ Court of Victoria and the Victorian Civil and Administrative Tribunal (which is technically not a court, but serves a judicial function). Above it lies the High Court of Australia. This places it around the middle of the Australian court hierarchy.

Wednesday, April 16, 2008

American animator Ollie Johnston, the last of Disney’s so-called “Nine Old Men”, has died at the age of 95.

Johnston died of natural causes on Monday in Sequim, Washington, according to Walt Disney Studios Vice President Howard E. Green.

Johnston worked on many of the Disney’s classic films, including Snow White and the Seven Dwarfs (1937), Pinnochio (1940), Fantasia (1940), Bambi (1942), and many others.

Johnston worked extensively with his best friend Frank Thomas, a fellow “old man” who died in 2004. The pair met at Stanford University in the 1930s and worked together until Thomas’ death. They retired from animation in 1978, but remained popular speakers and authors about Disney and animation.

“Ollie was part of an amazing generation of artists, one of the real pioneers of our art, one of the major participants in the blossoming of animation into the art form we know today,” said Roy E. Disney.

Johnston devoted much of his retirement to writing and lecturing, but perhaps even more to model trains, a field in which he became considered one of the world’s foremost experts.

Ollie Johnston’s last film was The Fox and the Hound (1981) on which he worked as a supervisor.

Thursday, March 26, 2020

In a new study released by the Florida Museum of Natural History on Monday, scientists report spiky skulls evolved at least 25 separate times in different kinds of frogs. The survey was reportedly to be published in Proceedings of the National Academy of Sciences.

Lead author Daniel Paluh, a Ph.D. candidate at the University of Florida, said, “Superficially, frogs may look similar, but when you look at their skulls, you see drastic differences […] Some of the weirdest skulls are found in frogs that eat birds and mammals, use their heads as a shield, or in a few rare cases, are venomous. Their skulls show how strange and diverse frogs can be.”

Some scientists had previously suggested smaller frogs would tend to develop spiky skulls, but that is not what this study reports. Here, researchers evaluated CT scans on 158 different species. They found frogs that had similar ecological niches — meaning they either acquired food in the same way or defended themselves from predators in the same way — tended to develop skulls with similar grooves, spikes, or specialized jaw joints regardless of whether they were ancestrally related to each other.

According to the study, skulls with spikes, grooves or ridges — called hyperossification — often accompanied frogs eating very large prey relative to their own body size. The strong, spacious skulls would allow the frogs to have very big mouths with which to catch birds, rodents, reptiles and other frogs. Spikes sometimes coincided with venomous frogs. The researchers speculated the spikes make it dangerous for predators to hit the frog’s head, as the spikes would break venom sacs under the frog’s skin.

Other bone formations included projections resembling fangs or lower teeth that different species of frogs use for catching prey and fighting. Very few frogs have true lower teeth.

One of the study’s authors, herpetologist David Blackburn, told Discover Magazine the frequency of spiky skulls evolving in otherwise unrelated frogs suggested some deep pattern frogs fell into as circumstances arose: “Somehow, these frogs are turning on some ancient developmental machinery in their DNA.”

Since 1973, when frogs skulls were last comprehensively surveyed, scientists have documented enough new species to double the number known to humans. Also, modern techniques exploit CT scans, of which Paluh and his team made liberal use. The research was part of the oVert project, funded by the National Science Foundation, meant to comprehensively CT-scan over 20,000 vertebrate specimens from United States museums.

Sunday, January 14, 2007

Western Australian government authorities say they believe a toxin may be responsible for the recent mysterious death of an estimated 5,000 birds found in the area of Esperance – on the state’s south eastern coastline. Autopsies by toxicologists from the WA Department of Agriculture will test for organochlorins, organophosphates and heavy metals.

Esperance residents first noticed large numbers of dead birds littering their streets and gardens on December 7 last year. Populations of honeyeaters, wattle birds and miners have reportedly been effected.

The birds were being found vomiting and convulsing in bushland and suburban backyards over an extensive area. Department of Environment and Conservation‘s (DEC) nature conservation coordinator Mike Fitzgerald says toxic wetlands near Esperance are the most likely reason for the mass bird deaths.

The DEC says it has failed to figure out the cause of death despite interviewing industry groups, farmers, grain handlers and timber companies about pesticide and chemical use.

Birds Australia, the peak group dedicated to the conservation, study and enjoyment of Australia’s native birds and their habitats, said it had not heard of a similar occurrence. “Not on that scale, and all at the same time, and also the fact that it’s several different species,” chief executive Graeme Hamilton told the Sunday Times. “You’d have to call that a most unusual event and one that we’d all have to be concerned about.”

Mike Fitzgerald said the DEC were looking at something “pretty potent.” “This is not a normal situation. The common thing that we have seen and heard is that the affected birds have an insatiable thirst… If it turns out to be a toxin that is responsible, that will raise more questions because there is no obvious source of exposure.”

The deaths could be a result of a drier than normal winter, causing algal and bacterial blooms in the Esperance Lakes Nature Reserves. Esperance recorded 457mm rainfall in 2006; the average is 620mm.

Initially, health authorities feared a virus, such as the deadly avian bird flu, was responsible. That was quickly ruled out, along with poisoning from bacteria or eating poisoned insects.

The first deaths were reported by Esperance resident Michelle Crisp – who lives close to the worst-affected area. Dozens of native birds began dying in her back yard a week before Christmas. She says she contacted neighbours to discover if they were experiencing the same thing. Mrs Crisp found four dead birds, then 16, then 30 and finally up to 80.

Mike Fitzgerald said that any one of hundreds of toxins could be causing the deaths but so far all leads had not produced any answers.

Saturday, March 4, 2006

Los Angeles County prosecutors have brought three felony charges against Stephen Heller for stealing documents from his employer, the law firm Jones Day.

The legal documents discussed the legal ramifications of activist allegations that Diebold Election Systems had used uncertified voting systems in Alameda County elections beginning in 2002. Jones Day represented the controversial electronic voting machine manufacturer at the time. The firm’s lawyers concluded that if such uncertified systems were used, then Diebold could be sued by Alameda County for millions of dollars. The memos also discussed whether the California’s secretary of state had the authority to investigate Diebold.

Mr. Heller has been charged with felony access to computer data, commercial burglary and receiving stolen property. He has pled not guilty.

Blair Berk, Heller’s attorney said, “It’s a devastating allegation for a whistle-blower. Certainly, someone who saw those documents could have reasonably believed that thousands of voters were going to be potentially disenfranchised in upcoming elections.”

Thursday, February 22, 2007

In the largest study of its kind, a genetic analysis of 1,168 families with multiple cases of autism has identified genetic links to autism. A previously overlooked stretch of DNA on chromosome 11 implicates a gene called neurexin 1 and increases the evidence for the involvement of neurexins and genes related to glutamate transmission in the brain.

Genetic studies of autism have previously been undertaken; however the new study involves the collaboration of more than 120 scientists from more than 50 institutions representing 19 countries who pooled their data as part of the Autism Genome Project. The findings were published in the Feb. 18 issue of Nature Genetics.

Bob Wright, co-founder of Autism Speaks, a non-profit organization dedicated to increasing awareness of autism, said: “The identification of susceptibility genes will provide profound new insight into the basis of autism offering a route to breakthroughs in new treatments in support of families.” Autism Speaks funded this project in conjunction with the U.S. National Institutes of Health.

Joachim Hallmayer, MD, associate professor of psychiatry at Stanford and chair of the collaboration’s executive committee, explains what is next: “While promising, these results need to be followed up with more refined genetic maps to home in on other specific candidate genes. We also need to look more closely at chromosomal anomalies in large samples of children with autism.” In the paper, researchers caution that the genetic foundation of autism probably involves multiple genes and chromosomal abnormalities.

Autism affects about one in every 150 children, and the CDC has called it an “urgent health concern”. Autism is a developmental disorder which impairs social interaction, communication and features restricted and repetitive interests and activities. Twin studies and other research clearly suggest a genetic basis for the condition. Currently there is no cure for autism, but both behavioral or sensory interventions and drugs can influence the symptoms.