Category Archives: Law

Hong Kong tycoon Jimmy Lai to plead not guilty in national security case

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Democracy activist and Apple Daily founder will stand trial without jury and could face up to life in prison

The founder of Apple Daily, Jimmy Lai, will stand trial without a jury in Hong Kong, after he told a court he would plead not guilty to national security charges.

On Monday, prosecutors told a case management hearing that Lai would challenge the accusations but six fellow executives and manager from the now-defunct Apple Daily or its parent company, Next Digital, intended to plead guilty.

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US supreme court backs Black voters challenging Georgia election rules

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Ruling comes as plaintiffs say current Georgia public service commission election system discriminates against Black voters

Black voters challenging Georgia’s method of electing members to the state’s public service commission scored a preliminary US supreme court order in their favor late Friday.

The decision came after conflicting rulings from lower courts earlier this month, offering up a rare example of the supreme court’s 6-3 conservative majority’s siding with voters over state officials.

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Afghan female judge fleeing Taliban appeals after Home Office refuses UK entry

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Lawyers say the woman, who is in hiding in Pakistan with her son, will be killed if sent back to Afghanistan

A female former senior judge from Afghanistan who is in hiding from the Taliban with her son has filed an appeal to the Home Office after her application to enter the UK was denied.

Lawyers for the woman – who is named as “Y” – said on Saturday they had submitted an appeal on behalf of their client and her son at the Immigration Tribunal, saying she had been left in a “gravely vulnerable position” by the withdrawal of British and other western troops.

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British judge rules dissident can sue Saudi Arabia for Pegasus hacking

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Ghanem Almasarir’s victory opens way for other hacking victims in UK to bring cases against foreign governments

A British judge has ruled that a case against the kingdom of Saudi Arabia brought by a dissident satirist who was targeted with spyware can proceed, a decision that has been hailed as precedent-setting and one that could allow other hacking victims in Britain to sue foreign governments who order such attacks.

The case against Saudi Arabia was brought by Ghanem Almasarir, a prominent satirist granted asylum in the UK, who is a frequent critic of the Saudi royal family.

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Detained Hong Kong activists to plead guilty under China-style law

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Former student leader among 29 pro-democracy activists entering same plea on subversion charges after more than a year in jail

Joshua Wong and a group of 28 Hong Kong pro-democracy activists charged under a controversial national security law have entered guilty pleas, in the largest joint prosecution in the territory in recent years.

A total of 47 defendants, aged 23 to 64, were charged with conspiracy to commit subversion under the sweeping national security law. They were detained in 2021 over their involvement in an unofficial primary election in 2020 that authorities said was a plot to paralyse Hong Kong’s government. At the time, the primary showed strong support for candidates willing to challenge the Beijing-backed local government.

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Foreign Office official raised ‘stark’ criticisms of Rwanda plan, court hears

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Guardian, BBC and Times seek release of documents about policy of sending asylum seekers abroad

A Foreign Office official raised concerns about plans to send asylum seekers to Rwanda, citing state surveillance, arbitrary detention, torture and killings by the country’s government, the high court has heard.

The court has been asked to consider an application by the foreign secretary to keep parts of certain government documents secret for fear the contents could damage international relations and threaten national security.

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Australia’s indefinite detention of people with mental impairment breaches human rights, advocates say

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Experts argue system lacks proper monitoring and effectively ‘disappears’ people, sometimes for decades

Australia’s use of indefinite detention for people with cognitive impairments is a breach of human rights and the “outrageous” failure to implement a proper monitoring regime is rendering people with a disability invisible from public view, experts say.

More than 1,200 people with a mental impairment are being indefinitely detained in Australia despite not having been convicted of a criminal offence. Each state and territory uses a variety of orders to enforce indefinite detention, including in prisons and hospitals.

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Almost 1.5m England and Wales crime victims opt not to pursue cases

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Annual figures indicate ‘dramatic collapse’ in confidence in criminal justice system, says Labour

Almost 1.5 million victims of crime in England and Wales have decided not to pursue their cases, feeding concern that public confidence in the criminal justice system has collapsed.

Home Office figures unearthed by Labour show there were 1,411,650 victims who did not support continuing action after they had reported a crime in the year to March 2022.

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Activists lose challenge to NSW laws banning secret filming of animal cruelty

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High court rules laws criminalising secretly recorded footage and audio do not impose too great a burden on speech

Animal rights activists have lost a landmark high court case against New South Wales laws criminalising the use of secretly recorded vision from farms and abattoirs, which they said prevented their attempts to blow the whistle on animal cruelty and abuse.

The state, through its Surveillance Devices Act, makes it a criminal offence to use or possess footage or audio that was obtained using a listening device or hidden camera, and gives no public interest exemptions for doing so.

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Taylor Swift files in Shake It Off copyright lawsuit: ‘The lyrics were written entirely by me’

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Singer had been sued by writers of 3LW’s 2000 song Playas Gon’ Play for alleged plagiarism, and the case is due to return to court

Taylor Swift has defended herself as the sole writer of her 2014 hit Shake It Off in response to a lawsuit claiming that she plagiarised lyrics from the 2000 song Playas Gon’ Play by girl group 3LW.

“The lyrics to Shake It Off were written entirely by me,” Swift stated in a sworn declaration filed on Monday. “Until learning about Plaintiffs’ claim in 2017, I had never heard the song Playas Gon’ Play and had never heard of that song or the group 3LW.”

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Paraplegic shooting suspect can avoid trial and end his life, Spanish court says

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Man who allegedly injured former co-workers before being shot by police is entitled to assisted dying

A Spanish court has ruled that a paraplegic man, who was accused of firing on colleagues in a rage before being shot in the spine by police, can avoid trial as he has the right to end his life.

Last December, Marin Eugen Sabau, 46, a Romanian security guard, allegedly fired on his former co-workers at a security company in Tarragona in eastern Spain, seriously injuring three people. He later shot and injured a police officer before being severely wounded by police marksmen.

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Archie Battersbee: ruling on hospice move expected on Friday

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Lawyers had requested that 12-year-old be moved from Royal London hospital to spend his last moments in private

A ruling on whether 12-year-old Archie Battersbee can be moved from hospital to a hospice to die is expected at the high court on Friday morning.

Lawyers for the boy’s family took part in an hours-long legal hearing on Thursday, with the court in London sitting until late in the evening.

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Ukraine ‘endangers civilians’ with army bases in residential areas, says Amnesty

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Ukraine government and international law experts argue report ignores wartime realities

Amnesty International has said the Ukrainian army is endangering the life of civilians by basing themselves in residential areas, in a report rejected by Ukrainian government representatives as placing blame on it for Russia’s invasion.

The human rights group’s researchers found that Ukrainian forces were using some schools and hospitals as bases, firing near houses and sometimes living in residential flats. The report concluded that this meant in some instances Russian forces would respond to an attack or target residential areas – putting civilians at risk and damaging civilian infrastructure.

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Archie Battersbee’s parents take case to European court of human rights

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Family submit application to Strasbourg-based court in attempt to postpone withdrawal of life support

The parents of Archie Battersbee have submitted an application to the European court of human rights (ECHR) in an attempt to postpone the withdrawal of his life support.

Lawyers acting for Hollie Dance and Paul Battersbee, from Southend-on-Sea, Essex, had been given a deadline of 9am on Wednesday to submit the application.

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Archie Battersbee: mother says life support to be removed at 11am Wednesday

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Announcement made hours after attempt to postpone withdrawal of life support was rejected by UK supreme court ‘with a heavy heart’

The mother of 12-year-old Archie Battersbee has said his life support treatment will be removed at 11am on Wednesday, hours after a last-minute attempt to postpone the hospital taking action was rejected by the UK’s supreme court “with a heavy heart”.

On Monday, the court of appeal set a deadline of midday on Tuesday beyond which Archie’s treatment could be ceased.

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Wagatha Christie: big-budget drama joins race to bring libel trial to screen

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Poldark creator among writers and film-makers lining up to reconstruct spat between Rebekah Vardy and Coleen Rooney

A big-budget drama featuring major characters in the Wagatha Christie case is to join the slew of documentaries already in production, as the race to bring to the small screen the rancorous details of the high court battle that ended on Friday hots up.

The row between two high-profile footballers’ wives, which ended last week when the judge ruled in favour of Coleen Rooney, is to be turned into television serial by one of Britain’s leading screenwriters. Debbie Horsfield, who adapted Poldark for the 2015-19 BBC series, is to write a drama chronicling the notorious public row between Rebekah Vardy, wife of leading Leicester goal scorer Jamie Vardy, and Coleen Rooney, wife of Wayne, the renowned former England player and, until last month, manager of Derby County.

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Court-appointed expert can be named in ‘parental alienation’ case

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Observer victory after judge rules in transparency battle in family courts in England and Wales

A judge has ruled that a court-appointed expert can be named after their qualifications and conduct were challenged by a mother who claimed key evidence they provided led her children to be removed from her care against their wishes.

The case raises questions about the regulation and use of psychological experts appointed to the family courts, in particular when allegations of “parental alienation” are made – meaning a child has unjustly rejected one parent due to manipulation by the other. The Observer won an application to name the expert in the case after making a series of submissions to the family court.

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‘A moment of opportunity’: fall of Sri Lankan president raises victims’ hopes

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Rights groups say they have a dossier of evidence against Gotabaya Rajapaksa – and a renewed appetite to bring him to account

It was a warm April day in 2019 and Gotabaya Rajapaksa was enjoying the afternoon with his family in an affluent suburb of Los Angeles. Rajapaksa, relaxed in his chinos and polo shirt as he strolled through the car park of the popular American supermarket Trader Joe’s, looked surprised when a woman sidled up and shoved a brown envelope into his hands. “You’ve been served,” said the private investigator before rushing away.

The charges inside that brown envelope, a civil suit alleging complicity in torture and killings, would not make it far in the courts. Seven months later Rajapaksa, a member of Sri Lanka’s most powerful political dynasty, would be elected president, and be granted immunity from prosecution.

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Solemn sentencing is no circus as cameras enter English courts

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Analysis: viewers stand to gain an insight into judges’ decision-making at a time when transparency is being reduced elsewhere

Almost 100 years after a ban on cameras in criminal courts was enshrined in law, the first broadcast from an English crown court went out on Thursday and is likely to have left many viewers asking: “Why has it taken so long?”

Resistance in the past has often been motivated by fears that allowing in cameras could risk turning cases into the sort of media circus seen around high-profile US trials such as that of OJ Simpson or, albeit a civil case, the recent Johnny Depp v Amber Heard defamation proceedings.

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Spanish Gypsy groups call for protection after families flee racist mob

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Killing of doorman in Andalucían town triggered rampage in which houses were burned and looted

Spanish Gypsy groups are calling for urgent action and protection after dozens of people were forced to abandon their homes in a small Andalucían town when a killing triggered a wave of racist violence.

In the early hours of Sunday 17 July, a 29-year-old pub doorman called Álvaro Soto was stabbed to death in Peal de Becerro after an argument with four members of the local Gypsy community. The alleged attackers were later arrested.

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