Major Frakt and Dennis Edney struggling for Justice at Guantanamo Bay

As a small postscript to the curious legal process that the illiterate Afghan Mohammed Jawad is currently enduring after 7 years imprisonment, Omar Ha-Redeye blogs on August 24th, 2008 at Slaw.ca a cooperative Canadian weblog on things legal , about meeting with Major Frakt who acts as Mohammed's defence counsel.

For reasons unexplained, Omar had breakfast yesterday with Major Frakt and Dennis Eadey a defence lawyer from Edmonton, Alberta.

Major Frakt (B.A. summa cum laude, University of California, Irvine, History,1990; J.D. cum laude, Harvard Law School 1994) is also currently a faculty member at Western State University, Dennis Edney represents the only Canadian citizen at Guantanamo, Omar Khadr. (another story again)

Over coffee and croissants Frakt outlined the odd legal blackhole created at Guantanamo. Two-thirds of the inmates (?) won't ever be charged (because there is nothing to charge them with) and in this curious Alice in Wonderland of Mr John Yoo, cannot therefore effectively challenge their detention in any way. See post Thursday, June 19, 2008 Smelling the coffee..how the Famous Five lawyers of the "War Council" ripped up the United States obligations under the Geneva Conventions - and a long, long time ago Tuesday, December 06, 2005 Yoo. Who? ... Lawyers at War - No uniforms, no guns, but some great ideas

For the remaining third, their defence involves immense problems related to discovery, the limit counsel have to access of scret "evidence" which prevents counsel from providing and sensible, rational or effective representation.

In the absence of a corpus of common law, the lawyers have the difficulty of not having any precedent to draw from - the judges and the courts are basically making it up as they go along.

Frakt choked up with emotion when describing his cleint's position. Despite not believing in suicide as a moral option, Jawad had considered it to escape the horrors of his situation.

Edney provided more information on the conditions the "rendered suspects" had to endure.

When being transported, they were not given any food for three days… They were given water only for a day and a half, just enough to sustain their bodies… the reason was so they did not use the toilet while in transit.

Edney was quite clear that Canada was complicit in this abuse, and did not allow Harper any reprieve for his inaction. He is currently bringing a suit against him for it (n.b., he does hold Liberals just as responsible).

The Canadian Bar Association has come out in support of this issue

Edney raised concern about the way , in January 2007 Deputy Assistant Secretary of Defense Charles "Cully" Stimson threatened corporate lawyers who agree to defend the men and boys imprisoned at Gunatanamo Bay. Flashing a list of corporations that use law firms doing this pro bono work, Stimson declared, "Corporate C.E.O.'s seeing this should ask firms to choose between lucrative retainers and representing terrorists."

For more on his activities see post Saturday, February 03, 2007 "Cully" Stimson not only a cunt - now he's quit. also Saturday, January 13, 2007 Cully Stimson - why is this cunt still in a job ?

From smug bastard to sore loser in 2 weeks - and it was ..."his own decision to resign and he was not asked to leave by Defense Secretary Robert Gates." Ho.Ho.Ho.

Iraq Oil for Food - Textron Inc. agrees fraud pays Fines

The Department of Justice (DOJ) have announced an agreement by Textron Inc.(Textron Inc. is an $11 billion multi-industry company operating in 32 countries with approximately 40,000 employees) to pay fines totalling US$1.5 Mn.after admitting that between 2000 and 2003, 3 of Textron's David Brown French subsidiaries in its Fluid and Power Business Unit paid a total of approximately US$600,000 to the Iraqi government. This involved inflating the price of contracts by 10 percent before submitting the contracts to the United Nations for approval.

The subsidiaries concealed from the United Nations the fact that the price contained a kickback to the Iraqi government.

The DOJ has agreed not to file criminal charges against the company or its subsidiaries in recognition of Textron's early discovery and reporting of the improper payments; Textron's' thorough review of those payments as well as its discovery and review of improper payments made in other countries, including India, Egypt, and the United Arab Emirates; and the company's implementation of enhanced compliance policies and procedures.

In a related SEC civil injunctive action filed earlier today, Textron agreed to pay approximately $3.5 million in disgorgement and civil penalties.

There are no criminal charges involved in the settlements and no Textron officers were involved. Disciplinary action has been taken with respect to certain individuals (not named) involved in the matter, including in some cases, termination of employment.

To put this admission of breach of UN sanctions in perspective .....

The UN-established Independent Inquiry Committee, led by former US Federal Reserve Chairman Paul Volcker, named politicians in Russia, France, Britain, Italy and other nations who were given favours by Saddam in his quest to get 1990 UN sanctions lifted.

More than 2,200 companies, including major concerns like DaimlerChrysler, Siemens and Volvo, and the UK Weir group, made illicit payments totalling $US1.8 billion to Saddam Hussein's government during the UN oil-for food program.

The report said that under the program Iraq sold a total of $US64.2 billion of oil to 248 companies, of which 139 paid illicit surcharges.

In turn 3,614 companies sold $US34.5 billion of humanitarian goods to Iraq and the Volcker report said 2,253 paid kickbacks.

The total that Iraq made from the companies, which were registered in 66 countries, was $US1.8 billion .

Ronald Castree charged with 1975 Molseed murder

Ronald Castree, a 53-year-old market trader of Brandon Crescent, Shaw, Oldham, pleaded not guilty when murdering 11-year-old Rochdale schoolgirl, Lesley Molseed, more than 30 years ago appeared at Bradford Crown Court on Thursday 19th April 2007. He has been incustody since his arrest in November 2006 after DNA evidence led to his identification.

He was remanded in custody until his trial on 22 October. It is expected to last for nine weeks.

Several Rochdale residents who either worked with or knew Mr Castree at or about the time of Lesley Molseed’s disappearance, have recently been questioned by police in connection with the inquiry.

(link)For more information about the case and how In 1994 DCI Richard (Dick) Holland, CS Dibb and forensic scientist Doctor Ronald Outteridge were formally charged with suppressing evidence in 1994. It was alleged they had destroyed the forensic evidence which could have proved the innocence of Stefan and the guilt of the real murderer.They also withheld statements from the defence, which proved the whereabouts of Stefan on the day of the murder.

"Cully" Stimson not only a cunt - now he's quit.

US Defense Department spokesman Bryan Whitman said Charles ''Cully'' Stimson, Deputy Assistant Secretary of Defense for detainee affairs at Guantanamo Bay , told him on Friday that he had made his own decision to resign.

Whitman said that he was leaving because of the controversy which resulted from his remarks on a radio show about the motives of pro bono lawyers from many of the nation's top law firms representing detainees held at the U.S. military prison in Cuba.

''He believed it hampered his ability to be effective in this position,'' said Whitman to the New York Times ( Wapo Report)

From smug bastard to sore loser in 2 weeks - and it was ..."his own decision to resign and he was not asked to leave by Defense Secretary Robert Gates." Ho.Ho.Ho.

Oz Prosecutor pleads guilty to child porn possession

The use of child pornography knows no boundaries of race, creed, intellect or position.

Deputy Senior Crown Prosecutor Patrick Power took his computer hard drive for repair and a New South Wales State IT employee allegedly discovered an explicit video recording with pornographic footage of minors.

The IT employee reported finding the explicit material to his superiors and Power was summoned to the Deputy Director of Public Prosecutions' office and, after a "brief discussion", suspended. This became public knowledge in July 2006.

Powers has indicated through his lawyer David Giddy that he will now plead guilty (and faces a 2 year jail sentence) to a single charge of possessing child pornography on his personal computer.

This plea now allows the NSW Director of Public Prosecutions Nicholas Cowdery to take action to remove Power, 54, from his $230,000-a- year job. The NSW Bar Association may also disbar him from his rank as senior counsel. NSW state Governor Marie Bashir may remove prosecutors for conduct including misbehaviour or conviction of a criminal offence punishable by imprisonment for 12 months or more.

Chief Magistrate Graeme Henson at Downing Centre Local Court yesterday continued Power's bail and adjourned the matter to April 24 for sentencing, and ordered a pre-sentence report.

The State will import a prosecutor, Jeremy Rapke a senior counsel from Victoria to prosecute.

Liberal candidate for the seat of Epping, Greg Smith, who was acting DPP when the allegations against Power were brought to his attention warned Power that child pornography had allegedly been found on his computer, before informing police.

Apparently Greg Smith had discussed this with the DPP before speaking to Powers.

A counterpoint to the case of Derek Williams, 46, of Blaenau Ffestiniog, Gwynedd, who received a suspended sentence from Judge John Rogers QC in Mold Court, North Wales yesterday because the UK prisons have insufficient room for perpetrators of similiar crimes.(BBC)

Simply searching in Google news on "kiddie porn" or "child porn" (over 100 reports worldwide in English datelined 22/23/24/25 th Jan) discloses an international epidemic of similiar cases. e.g a Police officer (now resigned) from Lancashire Police who pleaded guilty to possession of images and repeatedly viewing and deleting images for 11 months. He was put on the Sex Offenders Register for five years and sentenced to 2 months supervision, during which he must attend the Internet Sex Offenders Treatment Programme and was ordered to pay £100 costs. Lancashire Evening Post 23/1/07 "Child porn policeman avoids jail"

Curioser and Curioser .... Len Duvall was NOT implying Cabinet Minister Ms (or Mrs ?) T Jowell was a wrong 'un

Len Duvall has been on the blower again seeking advice and after reading the Sunday Times' article today on the cash for honours inquiry he thinks some of his comments could be misconstrued as referring to the strength or nature of the evidence. This is not so. (Apparently)

So with Lord Patel's help he has issued a public statement .... 'My comments were primarily focused around my concerns for the way in which some people appeared to be questioning the behaviour, conduct and motives of police officers involved in this inquiry. What I did say was that it is wrong for anyone, no matter who they are, to attempt to interfere with or try and influence the way in which police carry out their investigations. 'Those people who made what I consider to be inadvisable remarks around recent events connected with this inquiry should reflect on the appropriateness of what they have said. 'They know the police are fully accountable for their actions and are involved in a complex and difficult investigation, and everyone should cooperate fully."

Len also wanted to add the following, which is not clear to many folks, but make of it what you will ...

"I would also like to add that on further reflection, and having had the opportunity to re-examine what Tessa Jowell said, I am now quite clear she was not commenting on the way in which police are conducting the inquiry. Also, I was not implying she or her husband were involved in any wrongdoing nor that I had evidence suggesting that was so.'

Now what can my old friend Len, Chairman of the biggest Police force in the UK mean by that ? "Mills of God" he says archly when I ask, touching his nose with his forefinger in a curious way. Soembody suggested we check the tide at Blackfriars Bridge. .... all very odd.