Islamic scholar acquitted of rape by Swiss court

Legal Business 2023/05/24 09:56   Bookmark and Share
A Swiss court on Wednesday acquitted noted Islamic scholar Tariq Ramadan on charges of rape and “sexual constraint,” citing lack of material evidence more than a decade after the alleged actions, contradictory witness statements and what resembled love messages to the accused.

The court said it would pay Ramadan’s lawyers’ fees. It was a first victory for the former Oxford scholar with a worldwide reputation who had a brutal fall from grace with similar accusations still pending in France.

Ramadan faces potential trial in France over allegations by several other women that emerged more than five years ago.

Ramadan, a Swiss citizen, was jailed in February 2018 in France and handed preliminary rape charges over two alleged assaults in France, one in 2009 and another in 2012. A third woman filed a rape complaint against him in March. He was released on bail nine months later.

The outspoken scholar has consistently denied any wrongdoing and filed a lawsuit saying the allegations were false.

In the Swiss case, the court noted that it didn’t pass judgment on Ramadan’s sexual practices or his morality. A statement said the plaintiff’s accusations weren’t corroborated by any material elements, including traces of sperm or blood. It also considered the “the numerous internet exchanges” between the Swiss plaintiff and several people implicated in the French case were “of a nature to influence” what she and witnesses told the court.

The court said that messages the plaintiff exchanged with Ramadan immediately after the acts in question and for weeks later appear more like “messages of love and, above all, make no mention” of her allegations during a night at a hotel.
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Russia indicts ICC prosecutor, judge who issued war crimes

Law Firm News 2023/05/22 12:58   Bookmark and Share
Russia on Sunday announced indictments in absentia for a judge and prosecutor of the International Criminal Court who issued a war crimes warrant for President Vladimir Putin.

A statement from the national Investigative Committee said the judge, Rosario Salvatore Aitala, and prosecutor Khan Karim Asad Ahmad are both charged with “preparing to attack a representative of a foreign country enjoying international protection in order to complicate international relations.”

Each also faces other charges. Conviction could bring prison terms of up to 12 years. The committee also said other ICC officials are being investigated.

The March warrant against Putin accuses him of personal responsibility for the abductions of children from Ukraine. The court also charged Maria Lvova-Belova, the Russian presidential commissioner for children’s rights.

It was the first time the global court has issued a warrant against a leader of one of the five permanent members of the U.N. Security Council.
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Suspect in fatal stabbing of Cash App founder pleads not guilty

Headline Legal News 2023/05/19 09:23   Bookmark and Share
Tech consultant Nima Momeni pleaded not guilty Thursday to a murder charge in the stabbing death of Cash App founder Bob Lee on the streets of San Francisco.

San Francisco Superior Court Judge Victor Hwang ordered Momeni, 38, kept in jail without bail, saying he posed a public safety risk if released. Momeni, who appeared in an orange sweatshirt and pants, did not speak, and his attorney Paula Canny entered the plea on his behalf.

The case has drawn national attention, partly given Lee’s status in the tech world. Lee was found with three stab wounds, including one to the heart, shortly after 2:30 a.m. April 4 and was taken to a hospital where he later died. He was found in the Rincon Hill neighborhood in downtown San Francisco, which has tech offices and condominiums but little activity in the early morning hours.

Lee, 43, created Cash App, a mobile payment service, and was the chief product officer of the cryptocurrency MobileCoin. He was mourned as a loving father of two who made friends wherever he went.

Prosecutors have not provided a motive but say Momeni stabbed Lee after a dispute related to Momeni’s sister, who appeared in court Thursday alongside their mother.

Assistant District Attorney Omid Talai argued Thursday to detain Momeni without bail, saying that the defendant drove Lee to a secluded spot and used a knife that was part of a unique kitchen set belonging to his sister. Police recovered a knife with a 4-inch (10-centimeter) blade at the scene.

Talai said that analysis showed Momeni’s DNA on the handle of the knife and Lee’s DNA on the bloody blade and no evidence that Lee had touched the handle, contradicting Canny’s claim of self-defense for her client.

But Canny said that Momeni did not drive Lee to a secluded spot with the aim of killing him. Instead, she said, Lee directed him to pull over after calling an Uber because the two had argued. The last time Momeni saw Lee, Canny said, Lee was standing upright and walking away.
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‘Rust’ movie medic gets $1.15 million partial settlement

Court News 2023/05/12 14:32   Bookmark and Share
A New Mexico judge has approved a $1.15 million settlement between a medic who worked on the “Rust” film set and one of several defendants she accused of negligence in the fatal 2021 shooting of a cinematographer by Alec Baldwin during a rehearsal.

Court records show the partial settlement between Cherlyn Schaefer and prop master Sarah Zachry was approved during a hearing Monday. Schaefer told the judge there’s not a day that goes by when she doesn’t think about what happened, the Santa Fe New Mexican reported.

In her civil complaint, Schaefer said she fought desperately in a failed attempt to save the life of cinematographer Halyna Hutchins. She said the shock, trauma and emotional distress that followed has made it impossible for her to continue working in her field.

Prosecutors dismissed an involuntary manslaughter charge against the actor and producer last month, citing new evidence and the need for more time to investigate.

State District Judge Kathleen McGarry Ellenwood had entered a default judgment against Zachry in November after the film worker failed to file responses within court deadlines.

Zachry’s current attorney, Nathan Winger, told the court Monday that her previous attorney, William Waggoner, let deadlines pass without her permission, and she intends to seek damages from him to fund her settlement with Schaefer. Waggoner disputes the claim.

Justin Rodriguez, one of several attorneys representing Schaefer, said the settlement “is a small portion of what we expect to receive in the future.” The remaining defendants include Rust Movie Productions, weapons supervisor Hannah Gutierrez-Reed and assistant director David Halls, but not Baldwin.

Schaefer’s complaint claims Zachry and Gutierrez-Reed failed to ensure there were no live rounds in Baldwin’s weapon. An involuntary manslaughter charge remains pending against Gutierrez-Reed, but her attorneys have said they fully expect her to be exonerated.
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Nigeria court hears opposition’s presidential vote challenge

Legal Business 2023/05/09 10:09   Bookmark and Share
A Nigerian court on Monday began its hearing on separate suits filed by the opposition to challenge the incumbent party’s victory in the country’s presidential election.

The presidential tribunal at the Court of Appeal in the capital, Abuja, heard the opening statements of lawyers representing opposition parties, which are the challenging the outcome of the February vote won by Bola Tinubu of the ruling All Progressives Congress.

As the court hearing began, armed security personnel blocked major access roads and prevented a handful of journalists and lawyers from entering the facility. Some protesters waved Nigerian flags and displayed placards, alleging that the electoral process was flawed.

“Why I am demonstrating is because of the anger and the pain I have as a Nigerian not allowed to express and enjoy the resources of the land,” said protester James Mike, who accused the Nigerian political class of pilfering the country’s wealth from huge mineral and crude oil resources.

Nigeria’s election commission declared Tinubu the winner of the election in a televised broadcast after he garnered 37% of the votes. But the two main opposition candidates rejected the result, questioning Tinubu’s qualification and alleging that results from the country’s 177,000 polling stations were tampered with.

Analysts and observers said that the voting on Feb. 25 was largely an improvement from Nigeria’s previous elections, but said that delays in uploading results might have given room for the figures to be tampered with.

In separate petitions, both second-place finisher Atiku Abubakar of the Peoples Democratic Party and No. 3 finisher Peter Obi of the Labour Party argued that Nigeria’s electoral commission violated the provisions of the law in announcing the results of the election.

Obi has said he has evidence to show he tallied the majority votes in the election while Abubakar has asked the court to disqualify Tinubu, alleging that he has a Guinean passport and therefore wasn’t eligible to enter the presidential contest under the Nigerian Constitution.
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Delaware Senate confirms two Supreme Court nominees

Legal Interview 2023/05/04 17:24   Bookmark and Share
The state Senate has confirmed Gov. John Carney’s two nominees for the Delaware Supreme Court, including a lawyer tapped by Carney for the high court after he was arrested for drunken driving.

Carney’s nominations of Abigail LeGrow and N. Christopher Griffiths were confirmed Wednesday with no support from Senate Republicans. Despite Griffiths’ DUI arrest in January, GOP lawmakers were primarily outraged that, for the first time in decades, there will be no resident of Kent County on the state’s highest court.

“The governor of this great state threw us under the bus,” said Sen. Eric Buckson, a Kent County Republican.

Senate Minority Whip Brian Pettyjohn of Georgetown described Carney’s decision to forego nominating a justice from central Delaware as “insulting.”

Last week, members of the Democrat-controlled House unanimously passed a bipartisan bill mandating that the five-member Supreme Court include at least one justice from central Kent County, one from southern Sussex County, and two from northern New Castle County. The state Senate declined to take up the bill before voting on Carney’s nominees. Two Dover-area Democratic senators who cosponsored the bill, Trey Paradee and Kyra Hoffner, voted Wednesday to confirm Carney’s picks.

“Judge LeGrow and Chris have the experience, knowledge, and commitment to public service necessary to serve on the Supreme Court,” Carney said in a statement issued after they were confirmed.

Before the Senate vote, Pettyjohn questioned Griffiths during a Senate Executive Committee hearing about the traffic stop that led to his arrest, but Griffiths offered few details.

“The bottom line is this, I had too much to drink, and I should not have drove,” said Griffiths, who said he complied with the trooper who stopped him.

Griffiths, who will be the first black man to serve on the Supreme Court, also indicated that he feared that the trooper, whom he nevertheless described as “a complete gentleman,” might physically abuse him because of his race.

“I’m a black man driving around in lower Delaware at a mostly white beach, and I want to go home to my family,” Griffiths said. “There’s a lot of things in the national news that are burned in our minds and our hearts, and I wanted that officer to know “we’re on the same team.’”

“I have images in my brain from the biases I bring to that situation of, man, I want to make sure I go home tonight. I want to make sure there’s not a knee in my back but that I go home alive,” Griffiths added.

Griffiths pleaded guilty in March to reckless driving that was alcohol-related, an offense he compared to “a simple traffic ticket.” He was fined and ordered to complete an education course for those charged with driving under the influence.

LeGrow and Griffiths replace Tamika R. Montgomery-Reeves, who now sits on a federal appeals court, and Justice James T. Vaughn Jr., a Kent County resident who retired effective this week.

LeGrow has served as Superior Court judge since February 2016. She previously served as a Master in Chancery on the Delaware Court of Chancery. LeGrow received her law degree from the Pennsylvania State University. Griffiths has been a partner at the Wilmington law firm of Connolly Gallagher, which also employs Democratic state Sen. Kyle Evans Gay. He previously was a wealth manager for Wilmington Trust Company and the Vanguard Group. Griffiths, who received his law degree from Villanova University, is the son of Norman Griffiths, a retired DuPont attorney who served 20 years on the Wilmington City Council.
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