Judgement

Kenya: A Historic Decision, A Tough Road Ahead

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Kenya’s Supreme Court decision to annul the 8 August presidential election is bold and historic, but the path ahead will be fraught. A successful rerun within 60 days will need compromise on a better electoral commission, more accountable policing and more effective management of the high-stakes vote. ICG The 1 September decision by Kenya’s Supreme Court to annul the results of the 8 August presidential election and order a fresh vote was at once unexpected, historic, bold and – by ... Read More »

Brisbane developers ‘don’t need to be concerned with native title’

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The recent Federal Court decision that native title no longer exists in Brisbane has significant implications for infrastructure and property developers, according to a native title expert. Tom Lodewyke  Lawyers Weekly The decision came in response to native title claims on behalf of the Turrbal and Yugara people, which together covered most of the Brisbane metropolitan area. Justice Jessup ruled in 2015 that the claimants could not prove an adequate connection to the land to hold native title. The Indigenous ... Read More »

Nobel laureates urge Saudi king to halt 14 executions

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UNITED NATIONS (AP) — Ten Nobel Peace Prize winners are appealing to Saudi Arabia’s king and crown prince to show mercy and halt the executions of 14 young people sentenced to death for participating in protests in… EDITH M. LEDERER The Associated Press The Seattle Times In a letter released Friday they said staying the executions would “correct a great injustice.” The laureates said the 14 were convicted and sentenced in a mass trial “based on the actions of the ... Read More »

Erdoğan backs death penalty on Turkey coup attempt anniversary

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President tells crowd of thousands that Turkey will ‘cut the heads off’ traitors, a year after soldiers tried to topple government Kareem Shaheen in Ankara The Guardian The Turkish president, Recep Tayyip Erdoğan, reiterated his support for reinstating the death penalty and threatened to cut off traitors’ heads in an a… Tens of thousands of people gathered in Istanbul, marching to the Bosphorus Bridge where 36 people were killed by coup soldiers exactly a year ago, for the first of ... Read More »

London High Court rejects bid to halt British arms sales to Saudi Arabia

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LONDON: The London High Court threw out an attempt to halt UK military sales worth billions of dollars to Saudi Arabia, in a case brought by an… Sean Cronin Arab News The Campaign Against Arms Trade (CAAT) had asked the court for an order to block export licenses for British-made military exports to the Kingdom, which it claimed had been used in Yemen in…   The judges found that the UK secretary of state for international trade was “rationally entitled ... Read More »

Euthanasia by text? Michelle Carter case impacts more than just free speech

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In 2014, Michelle Carter, then 17, used text messages to ‘encourage’ her 18-year-old boyfriend Conrad Roy III to kill himself. Philip Nitschke * Brisbane Times Roy was found dead from carbon monoxide poisoning in his truck. While the dust is still settling from this month’s decision by a Massachusetts judge to convict the young ”suicide texter” of involuntary manslaughter, the reaction on the social media has been swift and… Euthanasia by text… Read More »

South Africa court allows secret Zuma no-confidence vote

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South Africa’s highest court has ruled that a vote of no-confidence against President Jacob Zuma can be held in… BBC The constitutional court said that the Speaker of parliament had the right to order such a move. She had previously stated she did not have the… Opposition parties believe that under a secret ballot, MPs from Mr Zuma’s ANC party would vote against… He has survived several… South Africa court… Read More »

Supreme Court unanimously reaffirms: There is no ‘hate speech’ exception to the First Amendment

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From today’s opinion by Justice Samuel Alito (for four justices) in Matal v. Tam, the “Slants” case: [The idea that the government may restrict] speech expressing ideas that offend … strikes at the heart of the First Amendment. Speech that demeans on the basis of race, ethnicity, gender, religion, age, disability, or any other similar ground is hateful; but the proudest boast of our free speech jurisprudence is that we protect the… Eugene Volokh The Washington Post Justice Anthony Kennedy wrote ... Read More »

Egypt lawmakers approve deal giving islands to Saudi Arabia

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In defiance of a court ruling, Egypt’s parliament voted on Wednesday to ratify a disputed 2016 agreement that would transfer two strategic Red Sea islands to Saudi Arabia. Hamza Hendawi Associated Press ABC The vote, in which lawmakers in favor were asked to stand up, came shortly after the 596-seat chamber opened a debate on the pact earlier in the day. The outcome was a foregone conclusion since the legislature is packed with supporters of President Abdel-Fattah el… Egypt lawmakers ... Read More »

Ministers to be hauled before Supreme Court after criticising terror sentencing

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Three senior Turnbull government ministers will be hauled before the Supreme Court of Victoria to explain why they should not be charged with contempt after accusing the… Josh Gordon Benjamin Preiss The Age In an explosive development, the Supreme Court has ordered Health Minister Greg Hunt, Assistant Treasurer Michael Sukkar and Human Services Minister Alan Tudge to appear on Friday “to… A letter from Judicial Registrar Ian Irving obtained by Fairfax Media says… Ministers to be… Read More »

Egypt will not reinstate ban on grain fungus

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CAIRO: Egypt will not reinstate a controversial ban on ergot, state grain buyer General Authority for Supply Commodities (GASC) told Reuters on Saturday, despite a court ruling, which could allow a return to the… Reuters Arab News Traders said the previous zero-tolerance requirement, which the Egyptian agricultural department said was to protect human and plant health, is impossible to fulfill and… But an Egyptian court said this week it was planning to overturn a… Egypt will not… Read More »

News Australia loses appeal in Federal Court on $15m tax bill

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Australia’s highest-risk taxpayer has lost an appeal in the Federal Court on a $15 million tax bill relating to interest income. Nassim Khadem Brisbane Times Rupert Murdoch’s News Corporation has been in long-running legal battles with the ATO and in 2015 was outed as the nation’s highest risk taxpayer. On Thursday the Federal Court’s Justice Tony Pagone dismissed News Australia Holding’s appeal relating to an old tax assessment amounting to about… News Australia loses… Read More »

Jakarta’s former governor Ahok dropping appeal against jail sentence for blasphemy

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The wife of Jakarta’s former governor has wept while explaining to the press why her husband has decided not appeal against his… Indonesia correspondent Samantha Hawley ABC Basuki Tjahaja Purnama was jailed for two years for blasphemy earlier this month and originally said he would appeal against the decision in a… But the Christian and ethnic Chinese Governor, best known as Ahok, has announced through his lawyers he would accept the… Jakarta’s former governor… Read More »

Court Rules Teenagers in Adult Jail Unlawful

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The detention of teenagers at a Victorian maximum security prison has been ruled unlawful by the Supreme Court – for the second time. Lina Caneva PBA In the judgement handed down on Thursday, Justice John Dixon said the detention infringed on the young people’s human rights and they should be returned to juvenile detention. The court was asked to rule on whether the… Court Rules Teenagers… Read More »

Australia’s grand mufti wins defamation case over News Corp articles

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Media group consents to judgment as part of settlement with Dr Ibrahim Abu Mohamed, after paper said he had not condemned Paris attacks Christopher Knaus The Guardian Australia’s grand mufti has won a defamation case over News Corp articles depicting him as an “unwise” monkey and asserting he had failed to condemn the 2015 terrorist attacks in Paris. News Corp consented to the judgment as part of a confidential… Australia’s grand mufti… Read More »

Nauruans jailed over political protest to appeal sentence in Australia

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Lawyers for three men who had their sentences increased on appeal announce intention to appeal to high court of Australia Ben Doherty The Guardian Three Nauruans charged over a 2015 protest at the suspension of opposition MPs from parliament, have had their prison sentences increased up to seven-fold on appeal, but… In an episode that has exposed long-running political tensions within Nauru’s… Nauruans jailed over… Read More »