Media lawyers in Australian court over Cardinal gag order

Court Watch 2019/04/10 10:32   Bookmark and Share
Dozens of high-profile Australian journalists and major media organizations were represented by lawyers in a court on Monday on charges relating to breaches of a gag order on reporting about Cardinal George Pell's convictions for sexually molesting two choirboys.

Reporting in any format accessible from Australia about the former Vatican economy chief's convictions in a Melbourne court in December was banned by a judge's suppression order that was not lifted until February.

Such suppression orders are common in the Australian and British judicial systems, and breaches can result in jail terms. But the enormous international interest in a criminal trial with global ramifications has highlighted the difficulty in enforcing such orders in the digital world.

Lawyers representing 23 journalists, producers and broadcasters as well as 13 media organizations that employ them appeared in the Victoria state Supreme Court for the first time on charges including breaching the suppression order and sub judice contempt, which is the publishing of material that could interfere with the administration of justice. Some are also charged with scandalizing the court by undermining public confidence in the judiciary as well as aiding and abetting foreign media outlets in breaching the suppression order.

Media lawyer Matthew Collins told the court that convictions could have a chilling effect on open justice in Australia. He described the prosecutions as unprecedented under Australian law.

"This is as serious as it gets in terms of convictions, fines and jail time," Collins said. Justice John Dixon urged lawyers to consider whether all 36 people and companies would face a single trial or whether there should be 36 trials.

He ordered prosecutors to file detailed statements of claim against all those charged by May 20 and defense lawyers to file responses by June 21.
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Court finds WikiLeaks founder Julian Assange guilty

Legal Business 2019/04/08 10:44   Bookmark and Share
Court in Britain finds WikiLeaks founder Julian Assange guilty of breaching his bail conditions.

Police arrested Assange at the Ecuadorian embassy in London on Thursday, after the South American nation decided to revoke the political asylum that had given him sanctuary for almost seven years.

London police said they were invited into the embassy by Ecuador’s ambassador. Assange took refuge in the embassy in 2012 after he was released on bail while facing extradition to Sweden on sexual assault allegations that have since been dropped.

Assange has been under U.S. Justice Department scrutiny for years for Wikileaks’ role in publishing thousands of government secrets and was an important figure in the special counsel Robert Mueller’s Russia probe as investigators examined how WikiLeaks obtained emails stolen from Hillary Clinton’s presidential campaign and Democratic groups.

Ecuador’s president, Lenin Moreno, said his government made a “sovereign decision” to revoke Assange’s political asylum due to “repeated violations to international conventions and daily-life.”

“Today I announce that that the discourteous and aggressive behavior of Mr. Julian Assange, the hostile and threatening declarations of its allied organization, against Ecuador, and especially the transgression of international treaties, have led the situation to a point where the asylum of Mr. Assange is unsustainable and no longer viable,” Moreno said in a video released on Twitter.

Video posted online by Ruptly, a news service of Russia Today, showed several men in suits carrying Assange out of the embassy building and loading him into a police van while uniformed British police officers formed a passageway. Assange sported a full beard and slicked-back grey hair.
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Spacey’s lawyers returning to court in bar groping case

Legal Insight 2019/04/04 15:56   Bookmark and Share
A judge will consider motions filed by lawyers for Kevin Spacey, who’s charged with groping an 18-year-old man on Nantucket in 2016.

The Oscar-winning former “House of Cards” actor won’t be present for Thursday’s hearing at Nantucket District Court.

Spacey’s attorneys have been seeking to preserve phone and electronic records between the man — who says Spacey unzipped his pants and fondled him — and the man’s girlfriend at the time. The assault allegedly occurred at a restaurant on the island off Cape Cod where the young man worked as a busboy.

Spacey pleaded not guilty in January to felony indecent assault and battery. His lawyers have called the accusations “patently false.”

It’s the first criminal case brought against Spacey after several sexual misconduct allegations crippled his career in 2017.
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Texas bans clergy from executions after Supreme Court ruling

Court News 2019/04/03 15:57   Bookmark and Share
Texas prisons will no longer allow clergy in the death chamber after the U.S. Supreme Court blocked the scheduled execution of a man who argued his religious freedom would be violated if his Buddhist spiritual adviser couldn’t accompany him.

Effective immediately, the Texas Department of Criminal Justice will only permit prison security staff into the execution chamber, a spokesman said Wednesday. The policy change comes in response to the high court’s ruling staying the execution of Patrick Murphy, a member of the “Texas 7” gang of escaped prisoners.

Texas previously allowed state-employed clergy to accompany inmates into the room where they’d be executed, but its prison staff included only Christian and Muslim clerics.

In light of this policy, the Supreme Court ruled Thursday that Texas couldn’t move forward with Murphy’s punishment unless his Buddhist adviser or another Buddhist reverend of the state’s choosing accompanied him.

One of Murphy’s lawyers, David Dow, said the policy change does not address their full legal argument and mistakes the main thrust of the court’s decision.

“Their arbitrary and, at least for now, hostile response to all religion reveals a real need for close judicial oversight of the execution protocol,” Dow said

Murphy’s attorneys told the high court that executing him without his spiritual adviser in the room would violate the First Amendment right to freedom of religion. The 57-year-old — who was among a group of inmates who escaped from a Texas prison in 2000 and then committed numerous robberies, including one where a police officer was fatally shot — became a Buddhist while in prison nearly a decade ago.
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As Tesla heads to court, shares fall as deliveries slow

Court News 2019/04/01 15:59   Bookmark and Share
Tesla's CEO Elon Musk is back in the spotlight for saying something when perhaps he should have remained quiet.

A federal judge will hear oral arguments Thursday about whether Musk should be held in contempt of court for violating an agreement with the U.S. Securities and Exchange Commission.

The SEC says Musk blatantly violated the settlement in February when he tweeted about Tesla's vehicle production without a lawyer's approval.

It's unclear if Musk plans to attend the hearing. If he is found in contempt of court, Musk could face fines or even jail time.

Musk's 13-word tweet on Feb. 19 said Tesla would produce around 500,000 vehicles this year. But the tweet wasn't approved by Tesla's "disclosure counsel," and when the contempt-of-court motion was filed in February Musk had not sought a lawyer's approval for a single tweet, the SEC said.

Musk said his tweet about car production didn't need pre-approval because it wasn't new information that would be meaningful to investors. His attorneys say the SEC is violating his First Amendment rights to free speech.

The SEC says the arrangement doesn't restrict Musk's freedom of speech because as long as his statements are not false or misleading, they would be approved.

Meanwhile, Tesla's shares fell 8% in midday trading Thursday after the company said it churned out 77,100 vehicles in the first quarter, well behind the pace it must sustain to fulfill Musk's pledge to manufacture 500,000 cars annually.
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Australian man loses bullying-by-breaking wind court case

Legal Business 2019/03/29 11:59   Bookmark and Share
An Australian appeals court on Friday dismissed a bullying case brought by an engineer who accused his former supervisor of repeatedly breaking wind toward him.

The Victoria state Court of Appeal upheld a Supreme Court judge's ruling that even if engineer David Hingst's allegations were true, flatulence did not necessarily constitute bullying.

Hingst said he would take his case to the High Court, Australia's final court of appeal. The 56-year-old is seeking 1.8 million Australian dollars ($1.3 million) damages from his former Melbourne employer, Construction Engineering.

Hingst testified that he had moved out of a communal office space to avoid supervisor Greg Short's flatulence.

Hingst told the court that Short would then enter Hingst's small, windowless office several times a day and break wind.

Hingst "alleged that Mr. Short would regularly break wind on him or at him, Mr. Short thinking this to be funny," the two appeal court judges wrote in their ruling.

Hingst said he would spray Short with deodorant and called his supervisor "Mr. Stinky."

"He would fart behind me and walk away. He would do this five or six times a day," Hingst said outside court.

Short told the court he did not recall breaking wind in Hingst's office, "but I may have done it once or twice."

Hingst also accused Short of being abusive over the phone, using profane language and taunting him.

The appeal judges found Hingst "put the issue of Mr. Short's flatulence to the forefront" of his bullying case, arguing that "flatulence constituted assaults."

The court found that Short did not bully or harass Hingst. Hingst had failed to establish that Construction Engineering had been negligent.
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