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Italian student tells of arrest while filming for fun

Police community support officers (PCSOs) stopped Italian student Simona Bonomo under anti-terrorism legislation for filming buildings in London. Moments later, she was arrested by other officers, held in a police cell and fined. She talks Paul Lewis through the footage she recorded of her conversation with the PSCOs. Source: guardian.co.uk Link to this video
Simona Bonomo, 32, an art student at London Metropolitan University at London Metropolitan University, filmed the moment on 19 November when she was approached by two police community support officers (PCSOs) in Paddington, west London. When Bonomo was challenged by one PCSO, she said she was filming “just for fun”. He replied: “You like looking at those buildings do you? You’re basically filming for fun? I don’t believe you.” Bonomo then declined his request to see what she had filmed. “I can have a look if I want to, if I think it may be linked to terrorism. This is an iconic site,” he replied.

Bonomo then said she was an artist. “You’re an artist? Have you got any proof or any identification?” he said. After accusing Bonomo of being cocky, the PCSO said she had been cycling the wrong way down a one-way street and threatened to fine her. After she apologised, the PCSOs departed, but returned moments later with about six police officers, she said. She was searched and, after an altercation with one officer, was accused of being aggressive, bundled to the ground and arrested.

The PCSOs were not involved in the arrest. After five hours in a police cell, Bonomo said she was told to sign an £80 fixed penalty fine for a public order offence. She plans to contest the penalty, which stipulated she caused “harassment, alarm and distress” in public. Bonomo returned the next day to interview builders who had witnessed her arrest. Footage of the interviews appears to corroborate her account. “I was disgusted,” one said. “They were terribly out of order. There was one officer who was spiteful to you.” The Met confirmed that a woman was stopped and searched under section 44 of the Terrorism Act. Any complaint made to police would be fully investigated.

Links:
http://www.guardian.co.uk/uk/2009/dec/15/italian-student-police-arrest-filming
http://www.legislation.gov.uk/ukpga/2000/11/contents/enacted
http://www.legislation.gov.uk/ukpga/2000/11/section/44/enacted – SECTION 44
http://www.youtube.com/watch?v=a7nkXIfSY5Y

Queen’s Speech – Freedom (Great Repeal) Bill

“Now today, I want to talk about how we will get there, three major steps that will begin immediately. One, we will repeal all of the intrusive and unnecessary laws that inhibit your freedom. Two, we will reform our politics so that it is open, transparent and decent. And three, we will radically redistribute power away from the centre into your communities, your homes, your hands. Big sweeping change: not incremental, not bit by bit.

A Freedom or Great Repeal Bill would address concerns around what has been described as a tidal wave of criminal justice legislation in recent years. It also provides an opportunity to strengthen the accountability of bodies receiving public funding in light of lessons learnt so far from the operation of the Freedom of Information Act.

The main elements of the Bill are:

The exact content of the Bill will be announced in due course and could cover a range of policies, including:

•The extension of the scope of the Freedom of Information Act to provide greater transparency.
•The protection of historic freedoms through the defence of trial by jury.
•The reform of libel laws to protect freedom of speech.
•The repeal of unnecessary criminal offences.
•Adopting the protections of the Scottish model for the DNA database.
•The restoration of rights to non-violent protest.
•Safeguards against the misuse of anti-terrorism legislation.
•Further regulation of CCTV.
•Ending of storage of internet and email records without good reason.
  
Existing legislation in this area is:

•CCTV – Data Protection Act 1998 and Regulation of Investigation Act 2000.
•Protest – Public Order Act 1986.
•DNA – Crime and Security Act 2010.
•Terrorism – Terrorism Act 2000, Prevention of Terrorism Act 2005, Terrorism Act 2006 and Counter-Terrorism Act 2008.

Links:

East Sussex sex abuse fear vicars allowed to work

21 October 2010
Two vicars were allowed to work at churches in East Sussex following serious sex abuse allegations, a BBC South East investigation has revealed. Roy Cotton, who died in 2006, worked as a parish priest in Brede near Rye in the 1990s despite being convicted of a sexual offence against a boy in 1954. Collin Pritchard served as the vicar of St Barnabas, Bexhill, until 2007 after being arrested over sex abuse claims. The Diocese of Chichester has appointed a judge to carry out an investigation. In 2008 Pritchard pleaded guilty to sexually abusing two boys in the 1970s and 1980s and was jailed for five years. The offences took place while he was parish priest at St Andrew’s Church in Wellingborough, Northamptonshire. The court heard that Cotton had been involved in the offences but died in 2006, two weeks before Pritchard was arrested. Pritchard and Cotton first came to the attention of Sussex Police in 1997 after two abuse victims came forward. The victims said they were sexually abused by the pair during foreign holidays and camping trips.

“The Diocese of Chichester gives the protection of children the highest priority and takes seriously all concerns raised.   “As we have indicated to the BBC, a review is being undertaken into safeguarding practice in the diocese and in regard to questions raised by this BBC report.  “We do not wish to pre-empt the outcome of that review and are unable to comment until it is completed.” The discovery also comes after it was revealed that East Sussex vicar Ronald Glazebrook, who is believed to have abused a former altar boy, was allowed to serve at a church despite being convicted of possessing a gun. The Church of England said it would begin an investigation into the matter, following the revelations in September about Mr Glazebrook who died in 2001 after he was attacked at his home in East Sussex.

Mike Leigh explains refusal to visit Israel

Mike Leigh cancels Israel trip over loyalty oath

18th October 2010
The British film-maker Mike Leigh has cancelled a visit to Israel in protest against controversial plans to compel non-Jewish new citizens to swear loyalty to Israel as a Jewish state. The director, 67, had been due to spend a week at a film school in Jerusalem in late November. But in a letter to the school’s director, he said Israel’s government had gone “from bad to worse”. He called the loyalty oath “the last straw”. Speaking on Monday at the London Film Festival, where he is showing his new film Another Year, Leigh said he wanted to send Israel “a very clear message”.
The bill, which has been approved by Israel’s cabinet but still has to be passed by the Israeli parliament the Knesset, would add a phrase to the citizenship oath taken by non-Jews, requiring them to pledge allegiance to Israel as a “Jewish and democratic state”. Critics say the move is discriminatory and would largely target Palestinians marrying Israelis. Some suggest that there is a contradiction in describing the Israeli state as both Jewish and democratic.
Leigh said on Monday: “When the time comes that Israel behaves respectably, and when there is a just peace for the Palestinians, and when Gaza is returned to humanity, then I will be first in line to go and share anything that anyone wants to with my colleagues, the Israeli filmmakers and other artists. “But until that happens I think it’s appropriate for all of us to leave a very clear message that we shouldn’t and can’t do that.” Leigh’s letter to Renen Schorr, the director of the Sam Spiegel Film and Television School, and Mr Schorr’s response have been published on the school’s website.
In it, Leigh – himself Jewish – cites the Israeli attack on a Gaza-bound aid flotilla in May and the recent resumption of settlement-building on the West Bank as factors in his decision. “I have become ever-increasingly uncomfortable about what would unquestionably appear as my implicit support for Israel were I to fulfil my promise and come,” he writes. “I have absolutely no choice. I cannot come, I do not want to come, and I am not coming,” writes the award-winning director of Naked and Secrets & Lies. The move is regretted by Mr Schorr, who in his response says “the academic-cultural boycott of Israel… does not arouse the Israeli public… Boycotts and ostracism are the antithesis of dialogue”.

Letter Sent by Mike Leigh

Tax payers in Europe, Unite!

PETITION AGAINST EU TAX

At a time when the citizens of Europe need to tighten their belts, the European Union wants to increase its spending. The EU budget for 2010 amounts to 141 billion Euros. Many European politicians and senior EU officials consider this a “paltry sum”. They want to boost the EU budget by introducing indirect European taxes, such as a higher contribution from national VAT, a tax on CO2 emissions and charges on banking and electronic communications. If Brussels itself gets its own tax-rising powers, there will be no way back. Once the tax is introduced, the tariff will go up gradually. The bureaucracy decides what the taxpayer pays. For the taxpayer himself, it’s checkmate.

Let the European Union focus on its core tasks, such as the internal market, the euro zone or a common policy on environment, transportation, immigration and energy independence. But there is no need for a huge subsidy system, financed through an EU tax. The EU is already unable to spend the full budget of the European Social Fund, the European Regional Development Fund and the Cohesion Fund, due to lack of convincing projects. Therefore the EU budget should be no more than 1 per cent of European Gross National Income (GNI).  Main elements: No introduction of direct EU taxes or increase in national VAT contributions to the EU ! Restrict the EU budget to no more than 1 percent of European GNP, so more efficient use of the existing means.

 Click here to sign »» 

EU considers levying taxes directly

The European Commission wants EU member states to consider allowing it to levy direct taxes – a move that could ease the burden on national budgets.  The EU’s Budget Commissioner, Janusz Lewandowski, said he would present some options next month for direct EU taxes.  Taxes on aviation, financial transactions and CO2 emission permits are all possibilities, he told the daily Financial Times Deutschland.  However, the UK promptly rejected the idea.  Historically, national governments levy taxes in the EU. “I’m hearing from a number of capitals, including important ones like Berlin, that they would like to lower their contributions [to the EU],” Mr Lewandowski said.  The 27 EU member states pay a fixed contribution to the EU budget, based on their gross domestic product and a percentage of their sales tax (VAT).  This year Germany’s transfer to the EU budget – the largest contribution – is about 21bn euros (£17.5bn).  Pressure on budgets  “Many countries want to be unburdened. In this way, the door has been opened to think about revenues that are not claimed by finance ministers,” the commissioner said.
Traditionally taxes are seen as a prerogative of nation states and any move by the commission to levy taxes directly is likely to be opposed by Eurosceptics wary of Brussels’s powers.  A British treasury minister, Lord Sassoon, said the British government “is opposed to direct taxes financing the EU budget. The UK believes that taxation is a matter for member states to determine at a national level and would have a veto over any plans for such taxes.” France and Germany are pushing for a financial transaction tax in the EU, but the UK argues that any such tax must apply globally and be co-ordinated by the International Monetary Fund.  However, all three countries are introducing separate bank levies, which will not affect smaller banks and building societies. The UK levy is expected to raise more than £8bn over four years.  The EU’s budget for this year is 122.9bn euros (£110bn) – nearly half of which is allocated to agriculture and natural resources. It is 6% bigger than the 2009 budget.

Egypt urged to let Viva Palestina Activists pass through to Gaza

The Gaza aid convoy, with 40 survivors from the Mavi Marmara massacre, has been delayed departing Latakia, Syria for Gaza. Last minute complications over entry requirements by the Egyptian authorities are responsible for the postponement. Convoy organisers are confident these problems will be quickly resolved and the convoy will be on its way tomorrow morning (Monday). Due to futher complications, the convoy is still stranded in Latakia.  More info when it comes through……. – (18th October 2010)

Iran to hold Opec presidency for first time in 36 years

Iran will assume the presidency of the Organization of Petroleum Exporting Countries (Opec) for the first time in 36 years. The country’s oil minister was elected as Opec president at a one-day meeting of the group, which is made up of 12 oil producing states. Iran, which takes over from Ecuador, is Opec’s second-largest oil producer and holds about 10% of world oil reserves.  At the meeting in Vienna, Opec also agreed to keep its oil production target unchanged at about 24.8 million barrels a day. US light crude ended Thursday trading down 32 cents to $82.69.  Brent crude finished 11 cents lower at $84.53.  Iran will assume the presidency of the Organization of Petroleum Exporting Countries (Opec) for the first time in 36 years. The country’s oil minister was elected as Opec president at a one-day meeting of the group, which is made up of 12 oil producing states.  Masoud Mir-Kazemi will hold the presidency from 1 January 2011. Iran, which takes over from Ecuador, is Opec’s second-largest oil producer and holds about 10% of world oil reserves.  At the meeting in Vienna, Opec also agreed to keep its oil production target unchanged at about 24.8 million barrels a day.  US light crude ended Thursday trading down 32 cents to $82.69.  Brent crude finished 11 cents lower at $84.53.

9 11 Prior Knowledge Able Danger Hearing for Lt Col Anthony Shaffer in Congress C SPAN

Examples of criminal cases involving Rights

Davis v Lisle [1936] 2 ALL E.R. 213

HEARING-DATES: 2, 3, 17 October 1963 
 
HEADNOTE: A motor car belonging to W. and driven by L. ran into a wall. The police were anxious to examine the car in order to obtain evidence of its collision with the wall in connexion with a prospective charge of dangerous driving. In the evening, when the car was parked in a market place and L. had got into the driving seat, B., one of two constables on duty there, told L. that the police sergeant wanted to examine the car and that it was to remain where it was. L. asked who was going to stop him if he wanted to go, and B. replied that he was. Meanwhile W. arrived, told the constables they could not impound his car, and advised L. to drive it away. Neither L. nor W. had been charged or arrested. L. started the engine. The second constable went to the front of the car and raised his hand as a signal to L. to stop, whilst B. went to the rear of the vehicle. L. reversed and came into slight contact with B., who immediately went round to the driver’s seat to get the ignition key. He was unsuccessful. W. told L. to drive at the constable in front, who  umped aside as L. drove forward. On appeals against convictions, under s. 38 * of the Offences against the Person Act, 1861, of assaulting the constable at whom the car had been driven when the constable was in due execution of his duty, and of procuring the assault,
* Section 38, so far as material, reads “Whosoever shall… assault, resist, or wilfully obstruct any peace officer in the due execution of his duty… shall be guilty of [an offence]…”
Held: the convictions must be quashed because in attempting to detain the car, B. and the second constable were not acting in the due execution of their duty at common law (see p. 662, letter D, post); moreover s. 223 of the Road Traffic Act, 1960, did not confer statutory power to detain a motor vehtcle in such circumstances as the present, where a constable would not have had power, under the common law, to do so (see p. 662, letter G, post). 

Rice v Connolly [1966] 2 All E.R.649

HEARING-DATES: 3 May 1966

 
HEADNOTE: The appellant was seen by police officers in the early hours of the morning behaving suspiciously in an area where on the same night breaking offences had taken place. On being questioned he refused to say where he was going or where he had come from. He refused to give his full name and address, though he did give a name and the name of a road, which were not untrue. He refused to accompany the police to a police box for identification purposes, saying, “If you want me, you will have to arrest me”. He was arrested and charged with wilfully obstructing the police contrary to s. 51 (3) * of the Act of 1964. On appeal it was conceded that “wilfully” imported something done without lawful excuse.
* Section 51 (3), so far as material, provides: “Any person who… wilfully obstructs a constable in the execution of his duty… shall be guilty of an offence…”

Held: although every citizen had a moral or social duty to assist the police, there was no relevant legal duty to that effect in the circumstances of the present case, and the appellant had been entitled to decline to answer the questions put to him and (prior to his arrest) to accompany the police officer on request to the police box to establish identity; accordingly, in the circumstances, “wilful obstruction” by the appellant was not established, although he had been obstructive, because no obstruction without lawful excuse had been established (see p. 652, letters D and I, post).

 
The above case was an appeal against a conviction of Obstructing a Constable by refusing to give the constable his full name and address and for refusing to accompany the constable anywhere.  The Appeal was allowed since the Peace Officers did not establish that any crime had been committed.

Stop and search powers illegal, European court rules

The ability of UK police to use “arbitrary” counter-terror stop and search powers against peace protesters and photographers lay in tatters today after a landmark ruling by the European court of human rights.  The Strasbourg court ruled it was unlawful for police to use the powers, under section 44 of the Terrorism Act 2000, to stop and search people without needing any grounds for suspicion.

The widely-drawn ruling said that not only the use of the counter-terror powers, but also the way they were authorised, were “neither sufficiently circumscribed, nor subject to adequate legal safeguards against abuse”.  The use of these powers has grown fourfold, from 33,177 times in 2004 to more than 117,200 in 2008.  The Metropolitan police have used them most, but 11 other forces in England and Wales also make routine use of them.  A political furore ensued when it was disclosed that the whole of Greater London had been secretly designated for stop and search without suspicion since 2001.

Police did not even have to have grounds for suspecting such articles were present. The judges said that, because of this, there was a “clear risk of arbitrariness in granting such broad discretion” to a police officer.  Their concerns were compounded by the fact that black and Asian people were four times more likely to be stopped under section 44 and there was a risk that the power could be misused against demonstrators.  “The absence of any obligation on the part of the officer to show a reasonable suspicion made it almost impossible to prove that the power had been improperly exercised,” the judges said in describing the lack of judicial checks. As such, section 44 was not in “accordance with the law” and amounted to a violation of article eight – the right to respect for private and family life.  Quinton told the Guardian she was delighted with the judgment, saying: “There has to be a balance between private life and security. 
“The court has shown that section 44 is an invasion of people’s right to liberty and privacy. Hopefully the government will have to put a fairer law in place to protect us.”  Gillan hailed the ruling as “fantastic news after a long struggle” and added: “I look to the government for a strong response.” Corinna Ferguson, the legal officer for Liberty and acting for the two, said: “Liberty has consistently warned the government about the dangers of stop and search without suspicion and actively campaigned for the tightening up of the infamous section 44 power.  “The public, police and court of human rights all share our concerns for privacy, protest, race equality and community solidarity that come with this sloppy law.  “In the coming weeks parliamentarians must finally sort out this mess.” The shadow home secretary, Chris Grayling, said: “We have long said that anti-terror laws should not be used as a way of conducting normal day-to-day policing.  “The government needs to make sure that the police have the appropriate powers to deal with crime and antisocial behaviour.”